Jerry Sandusky appears remotely ahead of federal bid for new trial
Legal Outlook
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 state 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.
Last year, Sandusky's lawyers had asked for a new trial, claiming there were inconsistencies in the accusers' testimony and that their testimony was driven by the possibility of financial gain, coaching by prosecutors and "therapy intended to (help) them reconstruct memories of alleged abuse."
Skerda months ago had refused to hear the claims, except for the recantation of the victim identified in court documents as R.R.
On Tuesday, Russo suggested that it wasn't worth taking the time for the judge to hear and consider the recantation testimony if it has no chance to win a new trial in a state court.
"If that's the only issue that remains for us to litigate, there's no purpose being served litigating it here in state court," Russo said.
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.
Russo agreed with that assessment, saying "technically" it is true, but also suggested that the recantation could find its way into federal court, saying that "there are other witnesses that can testify" about R.R.'s recantation.
The Pennsylvania Office of Attorney General had said the supposed recantation was "highly suspect" and said it had prepared to rebut the recantation claim with testimony from six witnesses and other evidence.
In a statement, Attorney General David Sunday called Sandusky a "convicted child predator" and said he is making another attempt to "avoid accountability and escape punishment for years of abuse he perpetrated."
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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