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Pennsylvania High Court won't hear Sandusky appeal

HARRISBURG, Pa. (AP) -- 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.

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.

Sandusky did not testify on his own behalf but has maintained his innocence. His lawyer has said the victims' testimony was motivated by a desire to cash in. Penn State announced last year it was paying $59.7 million to 26 people who had raised claims of abuse at Sandusky's hands.

His defense lawyers repeatedly sought delays before trial, saying they were swamped by an enormous amount of material from prosecutors and needed more time to examine the background of his accusers.

During a post-sentencing hearing, however, defense attorney Joe Amendola acknowledged that he had not discovered anything afterward that would have changed his trial strategy.

Sandusky's 2011 arrest led to the firing of Hall of Fame football coach Joe Paterno and significant penalties levied against the school by the NCAA. Paterno was stripped of 111 of his 409 career wins while the school was fined $60 million, banned from bowl games for four years and faced steep scholarship cuts.

Three other high-ranking school officials, including the then-president, face charges they covered up complaints about Sandusky. Their case has not yet gone to trial.

Join the discussion

1000|Char. 1000  Char.
laro036 April 02 2014 at 11:35 PM

Media needs to stop reporting anything on this guy. Just let this bag of crap wither away.

Flag Reply +9 rate up
laclone April 03 2014 at 12:06 AM

Remember in the movie "Papillon", when Steve McQueen is put in that solitary confinement cell for 5 years, only getting something that passes for 'food' once a day?

That's better treatment than what this piece of filth deserves.

Maybe if you broke his wrist, ankles, knees and elbows first, and then stuck him in there for 20 years..., then it might approach a more fitting punishment.

Flag Reply +2 rate up
1 reply
Sandra laclone April 03 2014 at 4:26 AM

Sounds about right to me!!

Flag Reply 0 rate up
bwaymike April 03 2014 at 12:23 AM

Stick him in the showers with Big Bubba and the boyz.

Flag Reply +4 rate up
terearce April 03 2014 at 12:26 AM

Sandusky needs to stay in Jail for the rest of his life. Then he will face the Real Deal! God!

Flag Reply +6 rate up
1 reply
Michael Corn terearce April 03 2014 at 12:52 AM

Through the grace of the living God, everyone needs to repent of their sins and ask His forgiveness through the death of His Son Jesus on the cross. Even you (and Jerry) can be forgiven.
Praise Him forever and ever.

Flag Reply 0 rate up
Tamara April 02 2014 at 9:06 PM

He should serve an extra life sentence for just being so darn ignorant. Oh wait, everybody in jail thinks their innocent. I wonder if he is anybody's girlfriend yet in jail.

Flag Reply +4 rate up
1 reply
Caroline Tamara April 02 2014 at 9:12 PM

He had a date with Big Bubba the first night he was there!

Flag Reply +1 rate up
kasuallykool April 03 2014 at 12:27 AM

This pervert needs to stay in prison and ponder his sins for the rest of his life. Why in hell is he smiling in this video. Apparently he is not in anyway remorseful for having done what he did to those innocent boys. He disgusts me and I hope he rots in hell and all the demons do to him what he did over and over again to those children. He is truely a sick bastard that should have never been conceived.

Flag Reply +6 rate up
The Wise One April 03 2014 at 12:29 AM

I hope that this PERVERTED RAPIST rots in prison or that he will soon be carried out in a body bag.

Flag Reply +8 rate up
yolifrank74 April 03 2014 at 12:31 AM

Is this guy for real, he is lucky one of the parents did not put him away, they should throw away the key after all the lives he ruined. And the one's who knew or even suspected he was abusing children they should of had him investigated. Those poor kids how devastating and they have to live with the night
It is a shame he ruined Penn State's name, I'd like to slap him silly to even think the courts would review his case again, they are wasting our money on jerks like him to give him a trial when they do horrible things to children and even animals. I get so frustrated just thinking about it. The President really needs to think of putting a harsh law in place to take care of these mean sick, ugly people.

Flag Reply +9 rate up
1 reply
readingisknowing yolifrank74 April 03 2014 at 2:31 AM

Geez, no wonder the country is fu**ed up! The Executive branch doesn't make law, that is the "job" of the Legislative branch. Except now both Executive and Judiciary branches seem to think that the Constitution was just "kidding" about that, esp the Executive! And the Legislative branch is just find with it as long as they retain their position with the power and money that comes with it. (esp after leaving Gubmint)

Flag Reply 0 rate up
loser1leo April 03 2014 at 12:35 AM

Put him in with the boys would love to get him.

Flag Reply +8 rate up
loanarrange April 02 2014 at 9:01 PM

Norris Gelman - you are not nearly as disappointed in the outcome as we are you for defending this POS. And don't tell us you are just doing your job. How the h*** do you look in the mirror every day?

Flag Reply +3 rate up
1 reply
kmcc895370 loanarrange April 02 2014 at 9:25 PM

he covered his mirror in 100 dollar bills so he doesn't have to look at himself and as a constant reminder of the only thing that's important in his life.

Flag Reply 0 rate up
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