No new trial for Jerry Sandusky
By MARK SCOLFORO
Jerry Sandusky lost a bid for a new trial Wednesday when a judge rejected his argument that his lawyers were not given enough time to prepare for the three-week proceeding that ended with a 45-count guilty verdict.
Judge John Cleland’s 27-page order said lawyers for the former Penn State assistant football coach conceded that their post-trial review turned up no material that would have changed their trial strategy.
He also rejected post-sentencing motions regarding jury instructions, hearsay testimony and a comment by the prosecution during closing arguments that referred to the fact that Sandusky, who did not testify at trial, gave media interviews after he was arrested in November 2011.
Cleland said the prosecution’s closing was not presented in a way that “was either calculated to, or did, create in the jurors a fixed bias toward the defendant.”
Sandusky also argued that charges should have been thrown out because they were not sufficiently specific, but Cleland said the lack of specific dates did not prevent Sandusky from pursuing an alibi defense.
One of the jury instruction issues was whether Cleland should have talked to them about the amount of time it took for the victims to inform authorities that Sandusky had abused them.
Sandusky is serving a 30- to 60-year state prison sentence for sexual abuse of 10 boys, including violent attacks on the children inside Penn State athletics facilities.
Sandusky defense lawyer Norris Gelman said Wednesday that while he had not read the decision, Cleland’s ruling means an appeal will be filed to the mid-level Superior Court within the next 30 days.
The state attorney general’s office, which prosecuted Sandusky, declined to comment.
Also Wednesday, the Pennsylvania Senate unanimously approved a bill that aims to keep Penn State’s $60 million fine to the NCAA over the Sandusky scandal within the state.
The measure, sponsored by Sen. Jake Corman, a Republican whose district includes State College, would require such fines of at least $10 million to be deposited into a state-administered account, and be spent on Pennsylvania programs that address childhood sexual abuse.
Sen. Judy Schwank, D-Berks, said the Legislature needed to act quickly.
In response, the NCAA issued a statement saying it was monitoring the legislation, “including examining whether, if enacted, the proposed legislation would violate both the United States and Pennsylvania constitutions.”
It had previously said 25 percent of the annual grants would be reserved for Pennsylvania organizations.
Penn State agreed to the fine last summer as part of a deal that averted a potential shutdown of its football program by college sports’ governing body. The university has already made the first of five $12 million payments.
Gov. Tom Corbett has filed a federal anti-trust lawsuit against the NCAA over the sanctions.