Pennsylvania high court won’t hear Sandusky appeal

Question of the Day

Should Congress make English the official language of the U.S.?

View results

HARRISBURG, Pa. — The state’s highest court on Wednesday said it would not review Jerry Sandusky’s child molestation conviction, but other legal avenues remain open to the former Penn State assistant football coach.

Sandusky had asked the Pennsylvania Supreme Court to take up his 45-count conviction, arguing his lawyers were rushed too quickly to trial in 2012 and that prosecutors improperly made reference to his decision not to testify.


SEE ALSO: Sandusky’s wife shifts blame for verdict to today’s kids: ‘All they think about is sex’


He also said the trial judge should have issued a jury instruction about how long it took his victims to report the abuse and that jurors should not have been told to weigh evidence of his good character against all other evidence.

Sandusky defense attorney Norris Gelman said he was disappointed by the Supreme Court’s decision, which was issued in the form of a one-sentence order.

Sandusky has the right to file a new appeal.

“I’m sure he will,” Gelman said.

Attorney General Kathleen Kane, whose office prosecuted Sandusky, issued a statement saying she was pleased with the decision.

“Protecting Pennsylvania’s children is one of my top priorities and I remain committed to seeking justice for all victims of sexual abuse,” Kane said.

The prosecutor’s office had said that Sandusky did not provide sufficient basis for the Supreme Court to take up the matter and that decisions made by the trial judge did not violate his rights.

Michael Boni, a lawyer who represents Aaron Fisher and other Sandusky victims, said the Supreme Court made the right call.

“Hopefully this will, once and for all, put to bed any lingering hopes that Jerry will have his sentence reversed, his convictions reversed,” Boni said. “It’s a happy day for the victims.”

Sandusky, 70, is serving a 30- to 60-year prison sentence for sexual abuse of 10 boys.

Gelman said Sandusky can file a new appeal under the state’s Post Conviction Relief Act. That appeal, he said, could address any newly discovered evidence as well as any claims that Sandusky’s lawyers were not effective.

Sandusky also could eventually take his case to federal court.

Eight of his victims testified at trial, describing a range of abuse from grooming and fondling to oral and anal sex, including attacks in the basement of Sandusky’s home outside State College. Another witness, a graduate assistant for the team who had been a quarterback for the Nittany Lions, testified he saw Sandusky having sexual contact with a boy inside a team shower late on a Friday night.

Story Continues →

View Entire Story

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Comments
blog comments powered by Disqus