09/08/26 10:46:00
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09/08 10:44 CDT Jerry Sandusky appears remotely in court as lawyers prepare a
federal court bid to seek a new trial
Jerry Sandusky appears remotely in court as lawyers prepare a federal court bid
to seek a new trial
By MARC LEVY
Associated Press
BELLEFONTE, Pa. (AP) --- Former Penn State assistant football coach Jerry
Sandusky appeared in court remotely Tuesday where he said he agreed with his
lawyers not to go forward with testimony from an accuser who wants to recant
allegations that Sandusky sexually abused him years ago.
The hearing was part of the latest bid by Sandusky's lawyers to secure a new
trial for him as his lawyers prepare to go to federal court to seek a new trial
after failing repeatedly in state courts.
In court, Sandusky, 82, appeared on a video screen in a spare room in Laurel
Highlands state prison, seated at a small table in a maroon-colored shirt
looking up at the camera through glasses. Under questioning, he told Centre
County Judge Maureen Skerda he had consulted with his lawyers about the
decision not to present the accuser's testimony recanting the allegations from
Sandusky's 2012 trial.
"I'm making this decision on advice of counsel," Sandusky said, his arms on the
table in front of him, a notepad between them. "Is there anything wrong with
that?"
Sandusky, 82, has been serving a decades-long prison sentence since he was
convicted of 45 counts of sexual abuse in 2012, after eight young men testified
about what happened to them as boys.
Sandusky's lawyer, Jerry Russo, told reporters later that courts frown on
granting new trials based on a witness recantation, seeing it as "inherently
unreliable." Instead, Russo said he plans to take Sandusky's broader claims for
a new trial to federal court --- Sandusky's made at least three attempts in
state courts --- after one more procedural appeal in state court.
Judge Skerda told Russo and Sandusky that withdrawing the request to present
the recantation from the accuser, identified in court documents as R.R., meant
that it could not be litigated again in state or federal court.
The Pennsylvania Office of Attorney General had said the supposed recantation
was "highly suspect." Sandusky's lawyers have said in court filings that R.R.'s
allegations were "based on suggestive leading questioning, prosecutorial
coercion and influence, confirmatory bias and memory manipulation."
Sandusky was the defensive coordinator at one of the country's top football
programs under Hall of Fame head coach Joe Paterno. The scandal led to
Paterno's firing, and the university paid more than $100 million to people who
said they were abused by Sandusky.
Authorities said he found and groomed boys at The Second Mile, a charity he
founded for at-risk youth. Sandusky has repeatedly declared his innocence.
R.R., who was 25 years old at trial, testified that when he was 11, Sandusky
sexually abused him in the coach's basement in 1998, a transcript shows.
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Follow Marc Levy at http://twitter.com/timelywriter.
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