Sandusky Filing Says Trial Violated His Rights

by GENARO C. ARMAS and MARK SCOLFORO Associate, abcnews.go.com
October 19th 2012 2:06 AM

Jerry Sandusky launched his effort to overturn his child sexual abuse convictions with a set of motions that said there wasn't enough evidence against him and the trial wasn't fair.

Lawyers for the former Penn State assistant football coach filed a 31-page document Thursday that attacked rulings by the judge, the closing argument by the prosecution and the speed by which he went from arrest to trial.

Sandusky wants the charges tossed out "and/or" a new trial, saying the statute of limitations had run out for many of the 45 counts for which he was convicted in June. Currently in a county jail near State College, he is awaiting transfer to the state prison system to begin serving a 30- to 60-year sentence.

"The defendant submits the court's sentence was excessive and tantamount ... to a life sentence, which the defendant submits is in violation of his rights," his lawyers wrote.

The set of motions, technically not appeals because they were filed with the trial judge, cover a wide range of assertions, including insufficient evidence and improper use of hearsay testimony.

More than a third of the document explores ways Sandusky believes the rapid pace of the case violated his right to due process of law, as he was tried just over seven months after arrest. His lawyers said they were swamped by documents from prosecutors, they lacked time to interview possible witnesses and an expert and two assistants were not available at trial.

The document said Judge John Cleland ruled improperly concerning the use of a computer-generated drawing of an accuser and issued incorrect jury instructions. It also raised issues about the vagueness of the charges, the sequestering of jurors and the amount of restitution ordered.

A spokesman for the attorney general's office said the Sandusky filing was under review.

Eight young men testified against him in June, describing a range of abuse they said included fondling and oral and anal sex when they were boys.

Sandusky didn't testify at his trial but has consistently maintained his innocence in interviews and at sentencing.

Also Thursday, People magazine said Victim 1, whose claims of being abused by Sandusky began the investigation in late 2008, and who testified against him at trial, gave an interview in which he spoke out publicly by name for the first time.

Aaron Fisher, 18, told the magazine he decided to come forward with a book to tell other victims it is better to tell people about abuse than remain silent. He and Sandusky's other victims, he said, "had a very long battle to see justice done." He was also expected to appear on ABC-TV on Friday.

Sandusky, 68, built a reputation as one of the country's premier defensive coaches while serving under head coach Joe Paterno, including two national championships. That image was shattered last year by his arrest.

The abuse scandal rocked Penn State, bringing down Paterno and the university's president and leading the NCAA, college sports' governing body, to levy unprecedented sanctions against the university's football program.

Two Penn State administrators were charged as a result of the investigation into the Sandusky allegations, accused of lying to the grand jury that investigated Sandusky and not reporting suspected child abuse to the proper authorities. Those two officials, athletic director Tim Curley, who is on administrative leave, and retired vice president Gary Schultz, await trial in January and maintain their innocence.

Former FBI Director Louis Freeh, hired by university trustees to conduct an investigation into the university's handling of abuse complaints against Sandusky, concluded that Paterno, who died in January, ousted president Graham Spanier, Curley and Schultz concealed a 2001 allegation against Sandusky to protect Penn State from bad publicity.

The late coach's family, as well as Spanier, Curley and Schultz, dispute Freeh's assertions.

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Online:

Motions: http://bit.ly/T1Uupc

Original Page: http://abcnews.go.com/m/story?id=17511615

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