Convicted child molester Sandusky granted hearing on appeal

Sandusky Appears In Court, Seeks New Trial & Overturned Conviction

HARRISBURG, Pa., May 5 (Reuters) - A Pennsylvania judge on Thursday granted convicted child molester Jerry Sandusky a hearing later this month to press his case for a new trial, four years after the former Penn State University football coach was found guilty of abusing 10 boys.

SEE ALSO: Penn State's Sandusky due in court as lawyers seek new sex abuse trial

Lawyers for Sandusky can pursue several issues at the May 20 hearing, including the competency of his trial attorney, whether prosecutors and the judge who oversaw the grand jury withheld evidence and whether the state attorney general's office leaked sealed grand jury material to a reporter in an effort to persuade additional victims to come forward.

Photos from the case:

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Convicted child molester Sandusky granted hearing on appeal
BELLEFONTE, PA - OCTOBER 09: Former Penn State assistant football coach Jerry Sandusky (C) leaves the Centre County Courthouse after being sentenced in his child sex abuse case on October 9, 2012 in Bellefonte, Pennsylvania. The 68-year-old Sandusky was sentenced to at least 30 years and not more that 60 years in prison for his conviction in June on 45 counts of child sexual abuse, including while he was the defensive coordinator for the Penn State college football team. (Photo by Patrick Smith/Getty Images)
Pennsylvania Attorney General Linda Kelly announces charges against former Penn State president Graham Spanier and additional charges against former vice president Gary Schultz and athletic director Tim Curley during a news conference at the Pennsylvania State Capitol Building in Harrisburg, Pennsylvania on Thursday, November 1, 2012. (Christopher Weddle/Center Daily Times/MCT via Getty Images)
BELLEFONTE, PA - OCTOBER 09: Former Penn State assistant football coach Jerry Sandusky leaves the Centre County Courthouse after being sentenced in his child sex abuse case on October 9, 2012 in Bellefonte, Pennsylvania. The 68-year-old Sandusky was sentenced to at least 30 years and not more that 60 years in prison for his conviction in June on 45 counts of child sexual abuse, including while he was the defensive coordinator for the Penn State college football team. (Photo by Patrick Smith/Getty Images)

Jeffery Sandusky is pictured in this undated handout photo obtained by Reuters February 13, 2017. Sandusky -- son of former Penn State University assistant football coach Jerry Sandusky, who was convicted of sexually abusing young boys -- was charged in Pennsylvania February 13 with sexually abusing two young sisters.

(Centre County Correctional Facility/Handout via REUTERS)

HARRISBURG, PA - NOVEMBER 7: Penn State athletic director Tim Curley walks out of the Magisterial District Court after being arraigned on charges of perjury and failure to report under Pennsylvania's child protective services law on November 7, 2011 in Harrisburg, Pennsylvania. Curley and Penn State university vice president Gary Schultz have resigned, and will face arraignment on charges they lied to a grand jury investigating suspected child abuse involving the university's former defensive coordinator Jerry Sandusky.(Photo by Patrick Smith/Getty Images)
Former Penn State president Graham Spanier, accused of covering up Jerry Sandusky abuse allegations, leaves his preliminary hearing in Harrisburg, Pennsylvania, Tuesday, July 30, 2013. (Christopher Weddle/Centre Daily Times/MCT via Getty Images)
Former Penn State vice president Gary Schultz arrives at District Judge William Wenner's office Monday, November 7, 2011, in Harrisburg, Pennsylvania. Schultz and Athletic Director Tim Curley surrendered on charges that they failed to report suspected child-sexual abuse by a former coach and committed perjury in their related grand jury testimony. The pair is accused of failing to alert police to complaints that former assistant football coach Jerry Sandusky had sexually abused boys. They are also charged with lying to a state grand jury investigating the former defensive coordinator. (Matthew O'Haren/Centre Daily Times/MCT via Getty Images)
STATE COLLEGE, PA - JULY 22: Members of the Hells Angels from Connecticut visit the site where the statue of former Penn State University football coach Joe Paterno once stood outside Beaver Stadium on July 22, 2012 in State College, The statue was removed by workers after Pennsylvania. Penn State's president Rodney Erickson made the decision Sunday in the wake of the child sex scandal of former assistant football coach Jerry Sandusky. According to an FBI report, it is believed that Paterno had detailed knowledge of Jerry Sandusky sexually abusing children before and after Sandusky retired from coaching at Penn State. (Photo by Patrick Smith/Getty Images)
Penn State athletic director Tim Curley, back, arrives at District Judge William Wenner's office Monday, November 7, 2011, in Harrisburg, Pennsylvania. Curley and former Penn State vice president Gary Schultz surrendered on charges that they failed to report suspected child-sexual abuse by a former coach and committed perjury in their related grand jury testimony. The pair is accused of failing to alert police to complaints that former assistant football coach Jerry Sandusky had sexually abused boys. They are also charged with lying to a state grand jury investigating the former defensive coordinator. (Matthew O'Haren/Centre Daily Times/MCT via Getty Images)
Penn State athletic director Tim Curley (L) and Penn State president Graham Spanier watch the Nittany Lions' football game against Texas Tech from the sidelines of Beaver Stadium in State College, Pennsylvania in this September 9, 1995 file photo. REUTERS/Craig Houtz/Files (UNITED STATES - Tags: EDUCATION SPORT FOOTBALL)
Photos, from left to right, of former Penn State vice president Gary Schultz, Penn State athletic director Tim Curley and former Penn State defensive coordinator Jerry Sandusky are seen during a news conference on Monday, November 7, 2011, in Harrisburg, Pennsylvania. Penn State vice president Gary Schultz and Penn State athletic director Tim Curley surrendered on charges that they failed to report suspected child-sexual abuse by a former coach and committed perjury in their related grand jury testimony. The pair is accused of failing to alert police to complaints that former assistant football coach Jerry Sandusky had sexually abused boys. They are also charged with lying to a state grand jury investigating the former defensive coordinator. (Matthew O'Haren/Centre Daily Times/MCT via Getty Images)
BELLEFONTE, PA - DECEMBER 13: Former Penn State assistant football coach Jerry Sandusky arrives witrh his with his wife Dottie at Centre County Courthouse, on December 13, 2011 in Bellefonte, Pennsylvania. Sandusky, who was charged with sexual abuse involving 10 boys he met through the Second Mile nonprofit organization, will face his accusers during today's preliminary hearing. (Photo by Mark Wilson/Getty Images)
BELLEFONTE, PA - OCTOBER 09: Former Penn State assistant football coach Jerry Sandusky walks into the Centre County Courthouse before being sentenced in his child sex abuse case on October 9, 2012 in Bellefonte, Pennsylvania. Sandusky faces more than 350 years in prison for his conviction in June on 45 counts of child sexual abuse, including while he was the defensive coordinator for the Penn State college football team. (Photo by Patrick Smith/Getty Images)
BELLEFONTE, PA - JUNE 22: Former Penn State assistant football coach Jerry Sandusky leaves the Centre County Courthouse in handcuffs after a jury found him guilty in his sex abuse trial on June 22, 2012 in Bellefonte, Pennsylvania. The jury found Sandusky guilty on 45 of 48 counts in the sexual abuse trial of the former Penn State assistant football coach, who was charged with sexual abuse of 10 boys over a 15-year period. (Photo by Rob Carr/Getty Images)
Jerry Sandusky arrives for his hearing at the Centre County Courthouse in Bellefonte, Pennsylvania, on Thursday, January 10, 2013. (Michael Kubel/Allentown Morning Call/MCT via Getty Images)
Dottie Sandusky, the wife of Jerry Sandusky arrives at the Centre County Courthouse in Bellefonte, Pennsylvania, for a hearing for her husband on Thursday, January 10, 2013. (Nabil K. Mark/Centre Daily Times/MCT via Getty Images)
Penn State University Office of the Physical Plant workers remove the concrete landing area that held the Joe Paterno statue, Tuesday, July 24, 2012, in State College, Pennsylvania. The statue was removed on Sunday in the wake of the Louis Freeh report and Jerry Sandusky sexual abuse scandal. (Nabil K. Mark/Centre Daily Times/MCT via Getty Images)
STATE COLLEGE, PA - NOVEMBER 10: Pennsylvania Governor Tom Corbett speaks at a news conference following a night of rioting in response to the firing of head football coach Joe Paterno in the wake of the Jerry Sandusky scandal on November 10, 2011 in State College, Pennsylvania. Corbett is the former state attorney general who launched the investigation in 2009 that eventually brought criminal charges against three former Penn State officials this week. As governor, Corbett is an ex-oficio member of Penn State’s board of trustees. Paterno was fired amid allegations that former former Penn State defensive coordinator Jerry Sandusky was involved with child sex abuse. (Photo by Mario Tama/Getty Images)
Former Penn State Senior vice president for Finance and Business at Penn State University Gary Schultz arrives at his arraignment on perjury charges in Harrisburg, Pennsylvania, November 7, 2011. Shultz is charged with perjury in the Grand Jury investigation of former Penn State Football Defensive Coordinator Jerry Sandusky. REUTERS/Pat Little (UNITED STATES - Tags: CRIME LAW SPORT FOOTBALL EDUCATION)
HARRISBURG, PA - DECEMBER 16: Penn State assistant football coach Mike McQueary (L) leaves court following a preliminary hearing for former Penn State athletic director Tim Curley and vice president Gary Schultz on December 16, 2011 in Harrisburg, Pennsylvania. Both Curley and Schultz are charged with lying in a grand jury investigation about Jerry Sandusky?s alleged child sex abuse. (Photo by Rob Carr/Getty Images)
Penn State University President Graham Spanier poses in his office in the Old Main building in State College, Pennsylvania, in this February 26, 1997 file photo. Spanier will be charged with perjury and obstruction offenses for his alleged role in covering up the Jerry Sandusky child sex abuse scandal, NBC News reported on Thursday. REUTERS/Craig Houtz/Files (UNITED STATES - Tags: EDUCATION CRIME LAW)
Penn State head coach Joe Paterno, middle, speaks after being presented with a plaque by Penn State president Graham Spanier and athletic director Tim Curley after a 10-7 win over Illinois, the 409th win of Paterno's career, on Saturday, October 29, 2011. Penn State defeated Illinois, 10-7. (Abby Drey/Centre Daily Times/MCT via Getty Images)
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John Cleland, a visiting judge in the Centre County Court of Common Pleas in Bellefonte, Pennsylvania, had expressed skepticism regarding Sandusky's appeal during a court appearance on Monday but nevertheless ordered the evidentiary hearing.

"We're just going to prepare for the hearing," said Alexander Lindsay, Sandusky's current lawyer. "We're formulating our witness list now."

Representatives for the attorney general's office could not immediately be reached for comment.

Sandusky, 72, is serving 30-60 years in state prison after a jury convicted him in 2012 of molesting 10 boys at Penn State sports facilities or through the auspices of The Second Mile, his former charity.

He has already lost several previous appeals. The current claims were brought under the state's post-conviction relief act, which allows appeals based on ineffective legal counsel and constitutional violations, among other grounds.

To win a new trial, the defense must prove both that there was a violation of Sandusky's right to a fair trial, and that the violation created a "reasonable probability" of a different outcome, said Peter Goldberger, a lawyer in Philadelphia who specializes in appeals and is not involved in this case.

Lindsay has accused prosecutors and the judge who supervised the grand jury that investigated Sandusky of failing to turn over evidence that might have helped his defense.

He will also seek to prove that prosecutors in the attorney general's office in 2011 leaked secret grand jury information to Harrisburg Patriot-News reporter Sara Ganim in the hopes that other alleged victims of Sandusky would emerge.

At Monday's hearing, Cleland gave Lindsay permission to call Attorney General Kathleen Kane to testify whether she believes such a leak occurred. (Editing by Joseph Ax; Editing by Sandra Maler)


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