The Tribune Democrat, Johnstown, PA

Latest News

January 30, 2013

Judge nixes Sandusky bid for new trial

HARRISBURG — Jerry Sandusky lost a bid for a new trial Wednesday when a judge rejected his argument that his lawyers were not given enough time to prepare for the three-week proceeding that ended with a 45-count guilty verdict on child sex abuse charges.

Judge John Cleland’s 27-page order said lawyers for the former Penn State assistant football coach conceded that their posttrial review turned up no material that would have changed their trial strategy.

“I do not think it can be said that either of the defendant’s trial counsel failed to test the prosecution’s case in a meaningful manner,” Cleland wrote. “The defendant’s attorneys subjected the commonwealth’s witnesses to meaningful and effective cross-examination, presented evidence for the defense and presented both a comprehensive opening statement and a clearly developed closing argument.”

He also rejected post-sentencing motions regarding jury instructions, hearsay testimony and a comment by the prosecution during closing arguments that referred to the fact that Sandusky, who did not testify at trial, gave media interviews after he was arrested in November 2011.

Cleland said the prosecution’s closing was not presented in a way that “was either calculated to, or did, create in the jurors a fixed bias toward the defendant.”

Sandusky also argued that charges should have been thrown out because they were not sufficiently specific, but Cleland said the lack of specific dates did not prevent Sandusky from pursuing an alibi defense.

“The defendant has simply argued the offenses did not happen,” Cleland said.

One of the jury instruction issues was whether Cleland should have talked to them about the amount of time it took for the victims to inform authorities that Sandusky had abused them.

“No one who has had the slightest experience with child sexual abuse or given a whit of thought to its dynamics could conclude that failure to make a prompt complaint, standing alone, is an accurate indicia of fabrication,” Cleland said.

Sandusky is serving a 30- to 60-year state prison sentence for the sexual abuse of 10 boys, including violent attacks inside Penn State athletics facilities.

Sandusky lawyer Norris Gelman said Wednesday that while he had not read the decision, Cleland’s ruling means an appeal will be filed to the mid-level Superior Court within the next 30 days.

Click here to subscribe to The Tribune-Democrat print edition.

Click here to subscribe to The Tribune-Democrat e-edition.

1
Text Only | Photo Reprints
Latest News
  • Flower2 Flowers' color doesn't have to fade

    Those pots of bright yellow daffodils, Easter lilies and hyacinths gracing the home this weekend do not have to end up in the trash bin when the blooms start to fade.

    April 20, 2014 2 Photos

  • Refinancing could lower Richland School District's debt by $2.2M

    When Richland School District borrowed funds for its high school project a decade ago, board members circled “2014” on their calendars as a likely first option to refinance the debt.

    April 20, 2014

  • Pipeline to carry shale byproducts

    An 8-inch transmission line crossing Pennsylvania, including four municipalities in Cambria County, is being repurposed to carry some of the by-products from Marcellus and Utica shale production.

    April 20, 2014

  • Judge Creany, Timothy Vets courts gain support

    Signs of success are mostly anecdotal in Pennsylvania’s special courts for veterans, but judicial officials and lawmakers are so convinced of the program, they’re lobbying to expand it.

    April 20, 2014 1 Photo

  • pow21 Person of the Week: ‘I wanted to help’: Teen uses birthday to show love for children, animals

    Anastasia Machik’s love for children and animals inspired her to forgo her birthday gifts for the sake of the two.

    April 20, 2014 1 Photo

  • Students taking steps to call attention to child abuse

    An upcoming community walk will help raise awareness of child abuse.

    April 20, 2014

  • In brief: PennDOT reports weekly work schedule

    April 20, 2014

  • Halfway house inmates can ease back into society

    Prison life can be a time warp.
    When inmates are locked away – for months, years, decades – society moves forward: Technology evolves, major events occur, pop culture changes. From a personal perspective, families and friends live their lives: weddings, funerals, graduations, births, retirements. All the while, criminals bide their time, existing in a regimented world of cement walls and metal bars.
    Almost all of them eventually rejoin society, though.

    April 19, 2014

  • Crime board took aim at house

    Johnstown’s unemployment rate is around 8 percent.
    One-third of the city’s population lives in poverty.
    Burglaries and assaults significantly increased between 2010 and 2012. There is a thriving illegal trade in heroin and prescription drugs.
    Given those conditions, it can be challenging for Johnstown Community Corrections Center residents to find jobs when living in the facility or to avoid falling back into a criminal lifestyle upon their release.

    April 19, 2014

  • Homicides linked to center

    Three homicides that took place in Johnstown last year involved either a suspect or victim who previously resided in the Community Corrections Center.
    Police Chief Craig Foust confirmed the name of one victim, who spent almost two months in the facility on Washington Street during 2007, a time period verified by the Pennsylvania Department of Corrections.

    April 19, 2014

Poll

Would you like to see the Johnstown Community Corrections Center remain open after its lease runs out on Oct. 11, 2015?

Yes
No
I'm not sure
     View Results
Order Photos


Photo Slideshow

House Ads