The Daily Item, Sunbury, PA

News

January 30, 2013

Judge: Jerry Sandusky not entitled to new trial

HARRISBURG — BELLEFONTE  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.

“I do not think it can be said that either of the defendant’s trial counsel failed to test the prosecution’s case in a meaningful manner,” Cleland wrote. “The defendant’s attorneys subjected the commonwealth’s witnesses to meaningful and effective cross-examination, presented evidence for the defense and presented both a comprehensive opening statement and a clearly developed closing argument.”

He also rejected post-sentencing motions regarding jury instructions, hearsay testimony and other matters.

Sandusky is serving a 30- to 60-year state prison sentence for sexual abuse of 10 boys. He has maintained his innocence and vowed to appeal.

Sandusky lawyer Norris Gelman said Wednesday that while he had not read the decision, Cleland’s ruling means the defense will appeal to mid-level Superior Court within the next 30 days.

The state attorney general’s office, which prosecuted Sandusky, offered no immediate comment.

 

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