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Patrick Smith / Getty Images file
Former Penn State assistant football coach Jerry Sandusky, center, leaves the Centre County Courthouse after being sentenced in his child sex abuse case on Oct. 9, 2012 in Bellefonte, Penn.
BELLEFONTE, Pa. - In what a prosecutor described as a “last desperate move,” attorneys for convicted child abuser Jerry Sandusky argued Thursday that the former Penn State assistant football coach deserves a new trial because they didn’t have time to prepare for the first one.
Sandusky's lead counsel at trial, Joseph Amendola, testified that he was overwhelmed by reams of documents – more than 12,000 pages between prosecutors files and his investigative efforts – and that the jury was improperly instructed about how long it took victims to report Sandusky’s abuse.
On cross-examination, however, Amendola admitted that a limited amount of evidence was necessary for him to cross-examine victims, and that no documents reviewed since the conviction that may have gone un-reviewed before trial would've helped the defense.
Sandusky was convicted on June 22, 2012 of 45 counts of child sexual abuse over a 15-year period. He is serving a 30- to 60-year sentence at a state prison.
The scandal and trial captivated the nation and tarnished the image of Penn State’s hallowed football program as well as its coach Joe Paterno, who died of lung cancer last January.
Sandusky has maintained his innocence since the allegations first surfaced.
Smile on his face
Sandusky, noticeably thinner and now nearly entirely white haired, made his first court appearance since his sentencing. Wearing a dark red Centre County prison jumpsuit he came bounding into the courtroom with a large smile on his face. He moved quickly towards his family and friends, exclaiming "Hi there!"
Sheriff’s deputies had to direct Sandusky to stop and to sit at the defense table. Sandusky waved frequently towards his wife Dottie during the hearing.
Sandusky was not called to the stand, but did appear to actively participate, being quick to pass exhibits to Norris Gelman, a Philadelphia lawyer now taking the lead in the appeals process.
In addition to Dottie Sandusky, their son Jeff, and about 10 Sandusky supporters were in the courtroom.
Also seen in the courtroom was the biological mother of Matt Sandusky, who surprising told police while his father’s trial was under way that he too had been abused by Sandusky.
Debra McCord told NBC News that Matt Sandusky is "getting stronger as time goes by."
Amendola's testimony opened the hearing which lasted just shy of two hours. He described the process in which he filed 50 motions, noting that "starting with January 28th, 1,114 pages of discovery material" were received.
More than 9,000 pages of documents were presented to Amendola and his team, he said. In addition, the Sandusky investigators generated another 3,000 pages of material. Noting that "we had to copy out of one machine in our office", Amendola said that "we didn't have the time to review much of that material."
Lead prosecutor Joseph McGettigan asked Amendola if he would “agree that most material was irrelevant," meaning material he requested and subpoenaed? Amendola responded "it turned out to be," adding "some material we found to be [relevant], but was inadmissible."
Gelman also argued that some of the judge's instructions to the jury could have been misleading, specifically that he said it should not matter when victims brought forward their charges.
Costas interview
An interview that NBC’s Bob Costas conducted on "Rock Center" with Sandusky before the trial also came up. The lead prosecutor, defense attorneys said, made it sound like Jerry Sandusky could speak to Costas but wouldn't testify in front of the jurors.
Outside court Gelman described Sandusky's prison life saying "he's in great spirits."
Sandusky has a TV in prison, two phone calls per month, and one personal visit.
On the chances of appeal, Gelman said, "We're in the race, I wouldn't count us out."
But outside the courtroom McGettigan called the appeal "a last desperate move" by Sandusky to overturn his conviction.
Judge John Cleland did decide anything on Thursday, but is expected to rule on the appeal within the next 30 days. If Sandusky does not get a new trial he can then appeal to Superior Court, and has indicated he will.
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deluge of prosecution materials?.....oh you mean....EVIDENCE....
The question should be did his victims get true justice.
gm Tramp
Yep. Evidence. And these same lawyers would be arguing that they weren't given full discovery if they hadn't received every last page of it.
GM Bill,
Pretty much sums it up. so much for ONE appeal.
This perverted sick bastard got more than a fair trial, and he still refuses to apologize for what he has done. Him and his pathetic, lying wife need to be put to death.
Was it fair to the young screaming boys he raped repeatedly while his wife listened? She actually deserves a trial now that this has come up. He deserved only to be hung in a public square for all to see, his breathing today should be considered a gift.......
Considering the vast amount of testimony... yes, a FAIR trial was given. Justice? Never for the victims and their families. I used to be against the death penatly.. but....
I have no doubt he is guilty. Was his trial rushed? Probably. There are too many powerful Pennsylvania political figures, up to and including our governor that had a stake in this sad affair. The sooner it goes away, the safer their careers are.
Tough sh#t!... He didn't even deserve a trial... a waste of taxpayer money. He needs to be put in the general prison population... THAT would be justice!
Tiberius with his minnows - this is sad - so sad
Yeah, the only thing that could turn his conviction around is if he could prove that all those boys were lying.
Even then he still has his adopted son waiting in the wings to testify against him, which is why the trial stopped on a dime. As soon as Sandusky saw his adopted son enter the courtroom, he knew it was over.
No, no fair trial. He did not get the death penalty. Or his d1ck cut off. or his victims given 5 mins with a baseball bat while he's tied to a chair. or...
They had more than enough time, considering the then Ag and now Gov of Pennsylvania stalled and dragged his feet to prosecute until they could all get their stories straight. The Govenor should be investigated and tried for his part in the effort to just make it all go away.
This is just lawyers milking Sandusky for as much as they can and using hope to do it. If they start telling Jerry he got a fair trial, he will stop cutting checks. And Sandusky is so delusional he is still claiming innocence, probably not a real hard sell for the lawyers to tell Jerry they have a good chance of a new trial.
Amendola was in way over his head, from Costas to the entire trial, he never seems to have it together, like this appeal. He claims they didn't have enough time, yet will all the time since the trial, they haven't found anything the "would've helped the defense". To me if you are going to argue you didn't have enough time, you had better dig something up when you do have the time.
He's appealing on principle, not on actual facts of the case.
It don't matter, no matter how many trials he gets there is only one outcome, guilty, no other way to view the evidence. This is one sick man, he really believes that after all the facts were in that anyone would actually think he is not guilty. Like the articles saids, desperate move. He is one gross animal.
It seems like hardly a day goes by without getting back"in the shower" with Jerry Sandusky.
Well the "good news" is you have the right to appeal.
The bad news? It takes years..so long Jerry
I miss the days when news organizations could afford to pay for an actual, human editor. You know, someone who reviews everything in context, makes appropriate changes, corrects grammar, adds missing words...that sort of thing.
F this scum bag piece of trash. I hope he is killed slowly in prison. Also to MSN....."Child Abuser", please call him what he is.....A F-CKING RAPIST!
aquatone - I agree. An editor might insert the question, "How is your sex life nowadays, Mr. Sandusky?"
It will be a horrendous day for American justice if this pig ever sees another day outside of prison.
We all need to remember that as long as Sandusky is breathing air, he will never, ever lay claim to any of his nasty, vile, disgusting deeds. In his perverted, demented tiny little mind, he has done nothing wrong. Classic pedophile all the way!!!!!!
There is no American justice. What we have is, quite plain and simple, a legal system. Does it not bother anyone here, that a majority of those who write our laws belong to the same group that will argue them in court. Can you say conflict of interest? Those of you waiting for justice, don't hold your breath, for far too often it never comes. The death penalty will never be a real deterrent until it is properly applied. Everyone is entitled to their day in court. If you are found guilty beyond a reasonable doubt of a crime worthy of the death penalty, which should be "take 'em out back and shoot 'em" you should have no more than 5 years to appeal your sentence. That should keep the ACLU and their contributors happy and busy on a regular basis. Good for them. During that appeal process if it is found beyond a reasonable doubt that the police or prosecutor engaged in misconduct that would warrant the overturning of a death penalty conviction, then they should be the ones to be taken out back and shot. That would keep everyone honest now wouldn't it? Don't hold your breath.
I would love to know whose funding ole Jer's appeals. He's got some serious expensive attorneys working for him. Dottie ain't got that much stashed....
Money is coming from somewhere to help this SOB and this PSU alum sure would like to know where it's coming from.
The Paterno family trust?
captn curtass:
You know nothing of what you speak, starting from your initial incorrect statement, "a majority of those who write our laws belong to the same group(?) that will argue them in court." Now, who is it you think write "our majority of laws"????
And your errors go on from there.
When he retired in 1999, we was making just over $100k from Penn State and his consulting fee at Second Mile was $60k. He got a lump sum from Penn State at retirement, and is currently collecting $5k a month from his pension. Not sure if his wife worked.
While not rich, he is retired and presumably has a healthy nest egg beyond his pension. Half of which he won't use because he is in prison. I highly doubt anyone at Penn State is helping him financially. He is the guy who destroyed their reputation and cost them untold millions. Everyone is a victim, and while their behavior has unforgivable and possibly criminal, if Sandusky hadn't molested kids, none of them would have been in the position of turning their backs on those kids. Not defending them at all, just pointing out that JS is the root of all of this. Doubt anyone is sending anything beyond hate mail.
They should just kill the pervert pedophile and be done with it!
He's not in the general population so that the general population can't do the public a favor. Too bad, because his victims do need that favor done. and that's only a start for them.
So the penal system "protect" him in prision from the others inmates, that is justice ?
Put him in the General Population!~!~
obviously not. if he had gotten a fair trial he would have been swinging from a rope by now. i really hope a general population inmate can get access to him and guts him like a fish.
did the kids have a 'fair' youth ?? and also why hasn't his pig of a wife been charged with something ?? she had to know !!
Jerry blew and Dottie knew.
And by knowing and not saying a thing about it to anyone, Dottie Sandusky is probably guilty of conspiracy. Yes, she ought to be arrested and tried.
Screw that cock-breath sob!
Did anyone not expect this? The appeals process is SOP for a case like this.
Fair trial or not, that sum bag pedophile deserves a hell of a lot more time than what he got. And he should be made to do his time in General Population, not protective custody
is this a joke? no of course not..only here do pos pedophiles have a right to use a screwed up justice system to "prove" their innocence..hang him already
Waste of taxpayer's money.
Yes it is a waste of taxpayers money. What should be done is charge that pervert not only the cost of his own lawyers but also the total cost of the court - all the way down to the electric bill and the cost of the janitor to clean and disinfect the court room after that bag of $hit was in there.
Where's Judge Roy Bean when you need him??
Aw poor Jer, are you looking for a little buddy to shower with?
Head on over to the weight room.
I'm sure you'll find a little buddy there that would be more than happy to accommodate you.
Wouldn't do him any good. They are just not young enough for him.
He escaped the triple-needle, chemical castration, and has not yet been shanked... so...
He's been damned lucky so far.
Are you kidding me? Everything possible was done to keep this jerk out of jail! The thing that was going to bomb his whole "I'm not guilty" BS was his adopted son wanting to come forth to testify that he, too, had been a victim of this monster. Not enough was done to find this bum guilty; now that he's in a male prison, he finding out whats it like to be on the other side of unwanted attention: GOOD. They need to throw his wife in prison too for keeping quiet about what she knew and allowing children to be abused; the school's football program should have been shut down too but they also got off way too easy for what they knew was happening. Penn State and all associated with it need to shut up and go away.
We do not have a 'fair' system of justice. We have an 'adversarial' system of justice. We as people are biased, and the majority of people in the world do not tolerate acts of pedophilia, and therefore 'fair' is not possible even if he had a jury of his peers or a judge determine his guilt and later sentence. Wake up to reality and let go of this idea of fairness. The real question are: Did he do this? and if so, Have his actions been dealt with appropriately?... the answer is Yes to both though it took too long for him and his victims to receive justice. The next question is why is Tom Corbett (who received campaign donations from Second Mile and had other political conflicts of interests pertaining to Penn State and the investigation of Jerry Sandusky when he was a DA) still bringing up this case... compensating for guilty conscience or political self-promotion?
I correct myself, Tom Corbett was Attorney General at the time. As if that makes it any better.
i agree with ncan.dottie was guilty of conspiracy and lying.she should be on trial too and maybe a few civil suits too for not protecting the child guests her pedo husband had over for his pleasures.the people who live in her neighborhood should carry signs in front of her home saying"lil boys molested here in this home while dottie watched tv"
George Farr-4227168:
That was one job the victims re leaved her of having to perform!! Her mind set may have been, "anyone but me".
This POS just won't quit will he? All he is doing is rubbing salt in his victims' wounds.
GM Catchick, long time no see. unfortunately these appeals are just getting started.
Yes-so msnbc you are going to question our justice system in favor of a baby raper? Please do! That should enrage even the most left of liberal. Like I said...should.
Pssst, Bobby, the article was written by the Associated Press, MSNBC merely reported it. Sandusky was accused of many things, and is likely guilty of many things, but raping babies is not one of them. Freud might have said something about your use of that expression.
since they can't execute him i think he should be put in general populaton.see how he smiles then!he still denies everything even though he had dozens of victims over many years.what a disgusting excuse for a human being.i think his wife should have been a co-defendent and imprisoned too.
I don't know if Sandusky is guilty or not. I do know the frenzied media hysteria around the entire situation was out of control, and had to have an influence on the jury.
Sure it wasn't all the evidence the prosecution presented?
By your logic no one famous can be found guilty of anything because it's not a question of guilt it's a question of if the media considers it news.
Gosh, did I say that?
Could have sworn that I said the media frenzy had to have an influence on the jury. I'd say you were likely influenced by the media, because I doubt you were on the jury and heard the real evidence.
Letusreason: What influenced the jury was the credible TESTIMONY of the brave victims and the cover-up of Penn State officials. What is unconscionable is that there is still those who question the testimony of the victims and why they did not come forward sooner. No need to speculate why more victims do not come forward only to face shame and blame. The jury SPOKE and rendered a unanimous guilty verdict. That's what matters and that's what matters to the victims because the MEDIA DOES NOT MATTER!
IF YOU DON'T KNOW NOHTHING, don't bother whirte something...are you gay ?
To your question: Mark Scolforo of the Associated Press, did he get a fair trial?
HOW WOULD ANY OF US KNOW?
We weren't there; we know only what we read; we only have our opinions.
Don't get me wrong. I am disgusted by the whole thing and want justice.
Why don't you re-phrase your question or just TELL the story?
He's not really asking you.
You should look up "Rhetorical" in the dictionary.
How do people defend a monster like this and sleep at night?
The piles of money they got paid help. Rich people often get the best justice money can buy then complain when they don't get it. Meanwhile poor people are given years in jail for trivial offenses because they can't afford a fancy pants lawyer.
The defense lawyers are as much a part of the judicial process as the judge, the jury, and the courts. The burden of proof is on the prosecution, and the defense is required to represent their client the best they can. There should be nothing shameful about it. In this system, if a defendent goes through this process properly and is still convicted, there should be little doubt that he was in fact guilty.
They probably sleep very well on a nice, expensive bed; if their conscious bothers them then they take some expensive sleep aid prescriptions to get over their ill gotten gains but then again if you or I were guilty of a crime or accused of one, we would call the best scumbag we could afford.
Why wasn't this "issue" raised during the trial, Amazing how far lawyers will go.
the lawers don't go to the heaven wen they pass away
It's not likely that he's not guilty, but his trial did seem a bit of a farce.
The prosecution just gave us too much evidence for us to read it all in time.
Is less coverage or details better? We don't have to read it. If it wasn't published, many would say it is a cover-up...
Sandusky's fair and speedy trial was decided more than 6+ months ago, while the trial of the Penn State administrators has not even started yet!!! What's up with that?! He definitely got a fairer trial than Paterno did; the NCAA and the Press gave Paterno a posthumous sentence without benefit of trial, hearing, or even inquiry!
And what, pray tell, is a posthumous sentence? I didn't know that there is a law that permits that, but on your lonely little planet, perhaps there is.
"Sandusky contends his lawyers did not have enough time to prepare for the trial that resulted in a 45-count guilty verdict in June."
Just how much time did any of his victims get to prepare for their trials and tribulations at his hands? They are the real victims here, and the only victims. By raping even one of them Sandusky lost any moral right that he had to anything, let alone to a "prepared" defense.
So, my response to this monster is simply this - too bad, but I;'m not shedding any tears for you.
He doesn't want a fair trial. He wants one where he gets off.
He got off with those young boys, didn't he?