Sandusky's attorney expects him to be convicted on some counts

Jurors reheard testimony from two witnesses on their second day of deliberations in Jerry Sandusky's trial. NBC News' John Yang reports from Bellefonte, Pa.

Updated at 7:34 p.m. ET: BELLEFONTE, Pa. — Jerry Sandusky's attorney said Friday that he expects his client to be convicted on some of the 48 child sexual abuse counts against him.

Kimberly Kaplan of NBC News reported from Bellefonte, Pa. M. Alex Johnson is a reporter for msnbc.com. Follow M. Alex Johnson on Twitter and Facebook.

"I would die of a heart attack — shocked — if he was acquitted on all of the charges," Joseph Amendola, the head of Sandusky's defense team, told reporters in Centre County Court.

"It is just statistically unlikely," he said.

Jurors were into their 19th hour of deliberations in the trial of Sandusky, 68, the former defensive coordinator for Penn State University's storied football team and founder of the Second Mile charity for troubled children. He denies all 48 counts in two grand jury reports alleging that he abused 10 boys over 15 years.


Amendola spoke to reporters for a few minutes inside the courthouse before a court official cut him off. Judge John Cleland has issued a gag order prohibiting participants from making public statements "regarding the Defendant's guilt or innocence" (.pdf).

Before he was hustled away, Amendola acknowledged that "it's a daunting, daunting case," but he said Sandusky has "always been optimistic." 

There was still no indication when the jurors might reach a verdict. They resumed working after dinner, just as they had Thursday night.

Earlier Friday, the jury asked Cleland for clarification on hearsay and circumstantial evidence, an indication that they were wrestling with secondhand testimony about an incident in which Sandusky was allegedly seen in a Penn State University shower with a young boy.

The question involved the testimony of Ronald Petrosky, a janitor at Penn State, who said that he saw "two pairs of legs" in the shower in November 2005. He said he discussed the incident with a colleague, Jim Calhoun, who told him that he had seen Sandusky performing oral sex on the boy, who is identified in a grand jury report as "Victim 8."

Calhoun is hospitalized with dementia and didn't testify. Cleland allowed Petrosky's secondhand testimony under an exception to rules barring hearsay evidence.

Cleland instructed the jurors that "the statement of Mr. Calhoun as related to you by Mr. Petrosky is not sufficient standing alone to sustain a conviction."

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"You must be satisfied that there is other evidence that supports that a crime had been committed besides Mr. Calhoun's hearsay statement," he stressed.

Thursday night, jurors told Cleland that they wanted to rehear the testimony of former Penn State assistant coach Michael McQueary, who testified that he overheard and saw Sandusky apparently having sex with a young boy in a football locker room shower, and Jonathan Dranov, a family friend who testified that McQueary told him about incident. Both men's testimony was re-enacted Friday morning.

McQueary testified last week that he saw a young boy — identified in the first grand jury report as "Victim 2" — in a Penn State shower with his hands against the wall and Sandusky standing up against him from behind. He said he heard a "skin-on-skin smacking sound" and that he had "no doubt" that Sandusky was engaging in anal sex with the boy.

Testifying for the defense this week, Dranov said McQueary described hearing sounds he considered sexual in nature but didn't give a graphic description of what he saw.

"I kept saying, 'What did you see?'" Dranov testified. "Each time, he would come back to the sounds. It just seemed to make him more upset, so I backed off that."

The lead defense attorney, Joseph Amendola, argued in his closing statements Thursday that McQueary "assumed" sex was occurring without having actually seen any.

And he contended that Dranov must not have believed that the incident was as serious as he later said because he didn't report it to police. As a physician, Dranov is required by law to report any indication of child abuse.

The jury of seven women and five men is being sequestered during deliberations without access to computers, phones or any other way to hear news coverage of the trial. That means they wouldn't have heard that Sandusky's adopted son Matt said that he had been prepared to testify that he, too, was a victim of abuse by his father, according to a statement issued by attorneys who said they are representing the younger Sandusky.

(NBC News and msnbc.com generally do not identify victims of sexual assaults, but Matt Sandusky chose to identify himself in a public statement released through his attorneys.)

Sources told NBC News that Jerry Sandusky abandoned plans to testify in his own defense because of the prospect of damaging rebuttal testimony by his son.

Matt Sandusky: From stalwart defender to possibly his father's most damning accuser

Travis Weaver, who alleges that he was abused by former Penn State assistant coach Jerry Sandusky, tells NBC Bews' Kate Snow, "I'll be OK when he's in prison."

Nor would they have heard the account of Travis Weaver, 30, of Ohio, who attended Second Mile camps as a youth. Weaver told NBC News in an interview that aired Thursday night that Sandusky performed oral sex on him in the upstairs bedroom of the Sanduskys' home.

Weaver testified to one of the two grand juries but wasn't mentioned in the grand jury reports or called as a witness during the trial.

Several of the counts are so-called mandated felonies, meaning Cleland would have no discretion in sentencing. Most carry sentences of 10 to 20 years in prison, meaning that even if he is convicted on only a handful of those counts, Sandusky could spend the rest of his life in prison.

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sandusky is a sick rapist. what gets me is that his wife knew and did absolutely nothing. unbelievable.

  • 2 votes
Reply#54 - Fri Jun 22, 2012 4:20 PM EDT

Let him spend the rest of his life in prison. That is where he belongs!!!!!

The fact that the judge will not allow the jury to hear or to know the fact that

Sanduskys adopted son was also sexually abused and is willing to testify, shows you

how corrupt our justice system really is. You would think that the truth is what matters

in a court of law , yet the jury is not allowed to know about his son's abuse. How sad.

It will be a miricle if he is found guilty. I hope he is.

    Reply#55 - Fri Jun 22, 2012 4:46 PM EDT

    It wasn't the judge who decided that Sam. The prosecution only threatened to call him IF Sandusky testified...as a rebutal witness to Sandusky.

    • 1 vote
    #55.1 - Fri Jun 22, 2012 6:15 PM EDT
    Reply

    What are these numbskull jurors doing? You couldn't get an easier case to decide--they can't possibly

    be wrestling with the call, can they? They should have voted and had a guilty verdict in a hour or two, at most. Good grief.

    • 1 vote
    Reply#56 - Fri Jun 22, 2012 5:26 PM EDT

    What is the jury reviewing? Hang him tomorrow or better Today. Case closed

      Reply#57 - Fri Jun 22, 2012 5:44 PM EDT

      It Is Time To Punish Him. He Has Done Dirty Deeds And Now He Pays. It Is Time To Pay Up Mr. Jerry Sandusky. It Is Time To Feel The Pain For All That You Have Done

        Reply#58 - Fri Jun 22, 2012 5:54 PM EDT

        Penn State officials and its protectors should be prosecute to full extend of the laws. Do not let these crooks getting away.

          Reply#59 - Fri Jun 22, 2012 6:07 PM EDT

          Consider what you might do if you were the Foreperson of this jury, dash right off to a guilty as hell verdict on all counts, or take the time to go over every last shred of evidence one awful piece at a time to make sure that there is not a chance in hell of reversal on appeal. If there is a single charge that is not supported by solid evidence reject it so that those you find credible stick really hard.

          Take the time, get it right, be dutiful, nail that bastard.

          • 2 votes
          Reply#60 - Fri Jun 22, 2012 6:19 PM EDT

          The reversal on appeal, if it happens at all, will be because of ineffective counsel. Amendola is the worst defense attorney I've ever seen. He let his client give media interviews, and he actually considered putting him on the stand. How did this guy ever pass the bar exam?

          • 1 vote
          #60.1 - Fri Jun 22, 2012 6:25 PM EDT

          EO I agree. Amendola should be disciplined for violating the gag order and for making comments detrimental to his client. His conduct is highly unethical. I think it could be a ploy to give Sandusky grounds for appeal based on ineffectual and unethical counsel.

          • 1 vote
          #60.2 - Fri Jun 22, 2012 7:20 PM EDT
          Reply

          So many times the truth gets lost

            Reply#61 - Fri Jun 22, 2012 6:46 PM EDT

            Yo … Penn State, Syracuse and California School Administrators ...Does this sound Familiar? You Bet Cha….Fer Sure.

            For years the Vatican has been running its fingers thru piles of Gold Coins and just busting out laughing while their “ Pedophile Priests “ were abusing kids. They knew it and now that they got caught with their pants on da ground, and now it's all about “Damage Control” and Protect the $$$$$$$$$$$. Any questions?

              Reply#62 - Fri Jun 22, 2012 7:04 PM EDT

              Maybe Sandusky read a Sarah Palin Book, developed “Mental Disease” and started thinking with da Wrong Head.

              It seems to be a Side Effect. You BetCha…..Fer Sure.

                Reply#63 - Fri Jun 22, 2012 7:04 PM EDT

                Every time Sandusky see’s a Little Boy in a Penn State Uniform …..he gets a Boehner. You Bet Cha….Fer Sure.

                  Reply#64 - Fri Jun 22, 2012 7:04 PM EDT

                  Was Joe standing outside da Shower yelling……Come on , hit da Hole hard. You Bet Cha…Fer Sure.

                    Reply#65 - Fri Jun 22, 2012 7:05 PM EDT

                    Yo Sandusky ,

                    Where did ya meet all these Little Boys?

                    I got to Party with you Cowboy.

                    Sincerely,

                    Da Pope

                      Reply#66 - Fri Jun 22, 2012 7:06 PM EDT

                      Shouldn't Joe and Sandusky be hanging from da "Penn State" Goal Posts? You BetCha.....Fer Sure

                        Reply#67 - Fri Jun 22, 2012 7:06 PM EDT

                        WTF is taking this jury so long? The @!$%#er is guilty for cripe sakes!!!!

                          Reply#68 - Fri Jun 22, 2012 7:13 PM EDT

                          WTF is taking this jury so long?

                          There are many counts, you have to deliberate each one.

                          • 2 votes
                          #68.1 - Fri Jun 22, 2012 7:15 PM EDT
                          Reply

                          Many of the counts are automatic 10 years each.

                          Sandusky is done for.

                          • 2 votes
                          Reply#69 - Fri Jun 22, 2012 7:14 PM EDT

                          Unfortunately, I would not be surprised if Sandusky gets a very light sentence (less than 2 years).

                          • 1 vote
                          Reply#70 - Fri Jun 22, 2012 7:15 PM EDT

                          David&David

                          If he is given less than 40 years the entire PA National Guard would not be sufficient to quell the ensuing decision.

                            #70.1 - Fri Jun 22, 2012 8:00 PM EDT
                            Reply

                            There is a special place in HELL for this guy!

                            • 1 vote
                            Reply#71 - Fri Jun 22, 2012 7:20 PM EDT

                            "convicted on some counts" ?! This guy is the eternal optimist.

                            Sandusky is going to get convicted for everything short of the death of the dinosaurs, and causing global warming.

                              Reply#72 - Fri Jun 22, 2012 7:20 PM EDT

                              I expect so too.

                                Reply#73 - Fri Jun 22, 2012 7:21 PM EDT

                                Wish I could say that it's interesting watching some of you arm-chair defense attorneys and journalist peck and hunt over the evidence presented in this case. Now, hang the bastard in public and put a sign on his chest that reads: Pederast. The rest of you will get the point soon enough, and it will be a brighter day.

                                  Reply#74 - Fri Jun 22, 2012 7:22 PM EDT

                                  Somebody just kill this piece of @!$%# already.

                                  • 1 vote
                                  Reply#75 - Fri Jun 22, 2012 7:28 PM EDT

                                  If found not guilty then Penn State fired Paterno and others are also being penalized for nothing? No Penn State knows exactly what THEY covered up and are probably hoping more will not be brought to light or man those tuition costs are going to go through the roof to pay for all those lawyers fighting many lawsuits.

                                  • 1 vote
                                  Reply#76 - Fri Jun 22, 2012 7:38 PM EDT

                                  Did anyone listen to the evidence? This guy is guilty and if this jury comes back with anything but that, then they are guilty as well. If he was innocent, why didn't he testify? He couldn't because he couldn't answer the questions. Would have just been a lot of beating around the bush, no pun intended.

                                  • 3 votes
                                  Reply#77 - Fri Jun 22, 2012 7:44 PM EDT

                                  If Penn State would have forced the senile old man to retire with dignity some of this dirtbag's crimes could have been avoided. If you suspect child abuse and you don't report it may God have mercy on you because I won't.

                                  • 1 vote
                                  Reply#78 - Fri Jun 22, 2012 7:55 PM EDT
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