- Created on Wednesday, 30 January 2013 13:24
HARRISBURG, Pa. (AP)
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 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.
''The defendant has simply argued the offenses did not happen,'' Cleland said.
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, offered no immediate 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.
''It makes sense that it should stay here to benefit organizations and the children of the commonwealth,'' said Corman, who also recently filed a lawsuit over the fine, an action currently pending in Commonwealth Court. He said the money ''could do an extraordinary amount of good right here in Pennsylvania.''
Sen. Judy Schwank, D-Berks, said the Legislature needed to act quickly.
''The victims were from Pennsylvania, the abuse was perpetrated in Pennsylvania, and the crimes were investigated and prosecuted by Pennsylvania authorities - not authorities from other states, the federal government or the NCAA,'' Schwank said.
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.''
In 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.
- Hampden officials say they are working hard to economic development
- Killer mom appeals murder sentence
- Governor withdraws nominess for Education Committee
- A Waterville man is accused of carrying out a terrifying crime
- Officials warn people to leave seal pups alone
- Pulse Marketing holds first web marketing seminar in Bangor
- Evening of romance at BSO Valentine's concert
- DOE looking for summer food program sponsors
- Huge alumni gift for Bates College
- Kennebec County Jail is preparing for major renovations
- Don McLean pleads not guilty
- Tractor trailer accident closes 202
- Chess Tables Coming to Brewer Waterfront
- Rockland man arrested on child porn charges
- Man involved in two high speed chases last week is in custody
- Governor submits state of the state in writing
- Driver allegedly was drinking at time of crash
- Man involved in standoff in court Monday
- Black Lives Matter activist kills self outside Ohio Statehouse, police say
- Report: DMX almost dies from drug overdose
- 'White guilt' video shown to high school students irks community
- The dangerous business of ship salvage
- Virginia teen stabbed to death had talked about running away with suspect
- Caught on video: British man trips suspect running from police
- $220,000 Oscar swag bag includes sex toys, breast enhancements, Chapstick
- Teresa Giudice reveals she attended parties, used ‘spa services’ in prison
- M1 Abrams tank makes cameo in Iranian-backed terror group's video
- Hundreds of California homes, buildings used plans drafted by 2 phony engineers, say authorities
- Candace Cameron Bure is uncomfortable with foul language on ‘The View’
- Man killed by meteorite in India, say government officials
- Top intel official confirms ISIS made, used chemical weapons
- NASA releases stunning 360-degree Mars video
- Liam Neeson admits to dating 'incredibly famous' woman
- North Korean satellite reportedly 'tumbling in orbit,' making it useless
- Texas prosecutor busted for drunken driving
- Sanders closing Clinton's national polling lead, as NH votes
- 19th-century 'Perpetual Mouse Trap' lives up to its name
- Man trapped under avalanche pulled out 6 days later
- Teen stabbed to death had been grounded from social media, dad says
- What kind of America do Hillary Clinton and Bernie Sanders think we live in?
- 'OITNB' actress Taryn Manning sues NYC for $10M for 'false arrest'
- Iowa Democrats stonewalling on vote totals, but past numbers were available
- 'Frozen' Musical To Make Broadway Debut In 2018
- DMX Has Recovered After Being Resuscitated By Police, Attorney Says
- Kelly Clarkson Releasing Children's Book Named For Daughter River Rose
- Megan Fox Is New 'New Girl,' Filling In For Zooey Deschanel
- Bryan Fuller Named Co-Creator, Showrunner Of CBS' 'Star Trek'
- Ken Watanabe Battling Stomach Cancer, Delays Broadway Return
- First 'Fuller House' Trailer Debuts: 'Damn, We All Still Look Good!'
- 'The Flash': Danielle Panabaker Talks Killer Frost, Deathstorm & Zoom
- Taylor Swift Leads iHeartRadio Award Nominations
- Michael Douglas Among Those Honored By AARP
- Beyonce's Super Bowl Show Bringing Both Praise & Criticism
- Maroon 5 Thanks Taraji P. Henson For Mistaken Super Bowl Shout-Out
- Maroon 5 'Thanks' Taraji P. Henson After Mistaken Super Bowl Shout-Out
- Super Bowl Draws 111.9 Million Viewers, Down From Last Year
- 'The Good Wife' Bosses Talk Ending The Show, Spinoff Potential
- Gwyneth Paltrow Testifies In Stalking Trial, Says Man's Letters Were Upsetting
- Conan O'Brien Heading To Harvard To Give Talk
- 'Monsters, Inc.' & 'Big Hero 6' Screenwriter Daniel Gerson Dies At 49
- Flavor Flav Pleads No Contest To DUI Charge In Las Vegas
- Porn Actress Drops $500K Lawsuit Against Josh Duggar
- 'The Good Wife': CBS Announces Final Nine Episodes
- Beyonce Announces 2016 Tour
- Flavor Flav Due To Face Las Vegas Judge On Misdemeanor Case
- Here Come The Super Bowl 50 Ads
- Tom Brady boasts that he is not one of the best QBs ever
- Peyton Manning's mom explains why it's time for her son to retire
- Report: Off-duty cops hospitalized after alleged altercation involving LeSean McCoy
- Advanced stats will probably love Michigan in 2016
- Audi tearjerker, 'Puppymonkeybaby' among Super Bowl winners
- Offbeat humor and upbeat messages dominate Super Bowl ads
- Breaking news: NASCAR to announce new 'charter' system for teams
- 2nd-seeded Cilic and Dodig advance to 2nd round in Rotterdam
- Jordan Spieth honors Peyton Manning with classic forehead joke after Super Bowl win
- Mets give cap-tip to fellow runner-up Panthers after Super Bowl loss
- Cam Newton's authenticity is highly questionable
- 2016 New York Mets Preview & Fantasy Baseball Draft Prep
- All-Star Bobblehead Series among Marlins promotions in 2016
- Broncos offseason to-do list, starting with moving on from Manning
- Cam Newton's image took the biggest hit of all during the Super Bowl
- Dodgers' Pederson had a great view of Super Bowl 50 Halftime Show
- Paul George says he'll try to score 82 points in final game vs. Kobe
- From behind the lens at Super Bowl 50, Durant captures the other side
- DeMarcus Ware's son stole Deion Sanders' microphone after the Super Bowl
- Comfort wins: Stroman, Blue Jays watch Super Bowl 50 in onesies
- Parker to play with France despite wife's pregnancy
- Ronaldo open to leaving Real Madrid when contract expires
- Tyronn Lue on recent criticism: 'Look, they ridiculed Jesus Christ'
- Bryce Harper shared a laugh with Stephen Curry at Super Bowl 50