Jerry Sandusky's lawyers outline appeal plans

State College - Centre Daily TimesMarch 12, 2013 

Penn State Abuse

Former Penn State University assistant football coach Jerry Sandusky arrives for sentencing on child sex abuse charges at the Centre County Courthouse in Bellefonte, Pa. on Oct. 9, 2012.

GENE J. PUSKAR — AP

Attorneys for Jerry Sandusky outlined plans for future appeals of his child sex abuse conviction in a court document filed Monday.

The statement filed in Centre County court lists seven grounds for appeal that the former Penn State assistant coach will pursue through appellate courts.

Defense attorney Norris Gelman wrote that trial Judge John Cleland erred in not allowing Sandusky’s attorneys more time to prepare his defense, violating due process by interfering with Sandusky’s right to counsel.

Gelman also will argue that the co-worker of a janitor who saw Sandusky showering with a young boy in 2000 should not have been allowed to testify at the trial. The janitor couldn’t testify, and defense attorneys contended the co-worker’s testimony was hearsay.

They are essentially the same arguments Sandusky’s defense team made in January when they asked Cleland to toss out the verdict and grant a new trial.

Sandusky’s attorneys focused that appeal on the claim they didn’t have enough time to prepare for trial because Cleland would not grant a continuance.

Trial attorney Joe Amendola testified at the hearing in January that he didn’t have time to review thousands of documents. But under cross-examination Amendola testified much of the documents turned out to be irrelevant.

Cleland ultimately denied the defense’s motions for a new trial, saying the State College lawyer failed to show how Sandusky’s defense was compromised.

Amendola gave written notice late last month that he will ask the state Superior Court to overturn his client’s conviction and grant a new trial.

Sandusky was convicted in June on 45 counts of child abuse, and Amendola vowed the night the verdict was reached that he would seek appeals for his client, who has maintained his innocence in front of the judge and from behind bars.

The 69-year-old Sandusky is in solitary confinement in the state prison in Greene County where he is serving a 30- to 60-year sentence.

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