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Jerry Sandusky: What's Next

BELLEFONTE, PA - DECEMBER 13:  Former Penn State assistant football coach Jerry Sandusky (C) walks with his attorney Joe Amendola (R) following a hearing at the Centre County Courthouse on December 13, 2011 in Bellefonte, Pennsylvania. Sandusky attended a prelininary hearing on charges he sexually abused 10 boys.  (Photo by Rob Carr/Getty Images)

Following today's relatively surprising move by the defense, emotions were high for everyone involved. Victims want a voice, concerned citizens want answers, and the defense rhetoric seems split between "depressed" and vigorously fighting all charges.

Jerry Sandusky was in a Bellefonte courtroom in what many expected to be a lengthy preliminary hearing, but which turned out to be a legal tactic, with Sandusky waiving his right to the hearing.

Legally speaking, this hearing was supposed to be the part of the Pennsylvania criminal process where the prosecution attempts to show that they have sufficient evidence to warrant a trial. Given the fact that Sandusky is charged with numerous crimes, it was expected that the defense would challenge at least some of the prosecution's case. Attorney Joe Amendola had a different idea.

With the preliminary hearing out of the way, the next step in the process is formal arraignment. A formal plea of not guilty is entered, along with some other non-exciting legal formalities, and the case is assigned to a judge. Sandusky has already waived this arraignment, which means the case is headed for a court date to be named later. Unless, of course, Sandusky reaches a plea agreement with the district attorney.

In Pennsylvania, as is the case with presumably all states, any agreement reached between defendant and district attorney is still subject to approval by the presiding judge. Following today's proceedings, many legal guesses were tossed about, with anywhere from 10-20 years being the prevailing thought as to an appropriate plea.

Where is this case headed next? Well, all we know is that it is to be scheduled for open court, but not for at least another month. A plea agreement is a possibility, but Amendola has consistently promised to fight for his client's innocence. A plea deal would almost certainly result in mixed emotions for most involved: it would ensure the case is pushed out of the spotlight in the quickest way possible, but wouldn't allow the victims to be heard in open court against the man that allegedly victimized them for years. Legally more important, though, it would allow Mike McQueary the ability to escape putting testimony of record, for now anyway. McQueary has come under fire recently for stating different things to different people at different times regarding what he actually saw.

Stay tuned, as we'll have more as this saga unfolds.

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the one question i have

is if prosecutors are now locked into the charges handed down by the grand jury included in this indictment or if those can be altered between now and the trial. in case, for instance, more victims come forward with information about other alleged incidents?

Remember the Rose Bowl: The Story of the Alabama Crimson Tide & the Grandaddy of Them All

by kleph on Dec 13, 2011 6:29 PM EST reply actions  

I believe that has already happened.

The original charging sheet only concerned the eight original victims, I believe. Two more have since come forward, which is why Sandusky was re-arrested last week and posted $250K bond. I’m not sure, though, if the cases have been or can be merged, nor do I have any idea of cutoff dates if that is a possibility.

by Jeff Junstrom on Dec 13, 2011 6:33 PM EST up reply actions  

when i was in california

there would be a second “arraignment” after the preliminary hearing that “locked in” prosecutors for the charges they would pursue at trial but that was not the case in other places i worked. it matters a bit because adding more charges could significantly lengthen the trial process.

also, if anyone knows what the status would be of in terms of trying sandusky on other charges separately from this i’d be interested to hear their input. obviously prosecutors would like to fold in as many of these to this effort as possible to strengthen their case but would they be able to pursue another separate charge if it turns out sandusky is exonerated in court?

Remember the Rose Bowl: The Story of the Alabama Crimson Tide & the Grandaddy of Them All

by kleph on Dec 13, 2011 6:53 PM EST up reply actions  

from what they said during the press conference today

they can add additional charges, but bail wouldn’t change. That was one of the things the defense was discussing with the prosecution yesterday. My understanding that if additional charges are brought against him – they couldn’t raise the bail to like $1million. Bail is already set.

At least that was my understand.

If you can't stand the heat, get out of the Big Ten...or just lose the sweater vest.

by amandakt on Dec 13, 2011 6:57 PM EST up reply actions  

From what I can gather from the PA Crimes Code and my own recollection of CrimPro...

There are two avenues for the prosecution: 1) at or before arraignment, at which time they can combine any/all cases – since this was waived, I’m not sure if they can still use this method, or 2) the omnibus pretrial motion, where any party can move for consolidation as if it were a normal pretrial motion (e.g., continuance, suppression, in liminae, etc.).

by Jeff Junstrom on Dec 13, 2011 7:36 PM EST up reply actions  

i guess it would be simpler to cut to the chase

and directly ask what i’m trying to sort out. at what point will the charges sandusky is to be charged on be finally set? i want to know because that would seem to be the point at which the possibility of a plea deal can be dismissed as unrealistic and we can all expect the unpleasant possibility a trial actually coming to pass.

Remember the Rose Bowl: The Story of the Alabama Crimson Tide & the Grandaddy of Them All

by kleph on Dec 15, 2011 11:24 AM EST up reply actions  

It is not uncommon in many states for the prosecution to drop or add charges

In order to tighten up their case the prosecution may choose to dismiss all charges relating to Victim 2 – the subject of the March 1, 2002 incident involving Mike McQueary. Without a victim 2 or a possibility he will deny being molested – it would benefit the prosecution to dispose of that and the victim observed by the now demented janitor.

In addition they might drop some charges where they fear a witness will not be that credible or effective.
If other victims come forward they can add those to the case using the investigating Grand Jury.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Dec 13, 2011 6:56 PM EST up reply actions  

Is this like the ESPN Mag feature "NEXT"?

JERRY SANDUSKY IS WHAT’S NEXT

I know a lot more than they know. I'm going to do what I believe is in the kid's best interest. That's what this whole thing is about.-Joe Paterno

by JoePaPa on Dec 13, 2011 7:21 PM EST reply actions  

Any chance McQueary is put on the stand on Friday

For Curley and Schultz preliminary hearings?

by PSUinOH on Dec 13, 2011 7:24 PM EST via mobile reply actions  

Seems like he must go on the stand

unless the prosecutors drop the charges

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Dec 13, 2011 7:43 PM EST up reply actions  

Can they use MM's GJ testimony instead of prelim testimony?

I mean, the crux of the prosecution case here is that these two lied under oath to the GJ. Aren’t the relevant facts here contained in the GJ? Or does MM actually have to testify?

by Jeff Junstrom on Dec 13, 2011 7:57 PM EST up reply actions  

I don't think they have any choice if they want to attempt to get the judge to

bind these charges over for trial.

Even Amendola can call him to the stand I believe

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Dec 13, 2011 8:04 PM EST up reply actions  

Excuse me not Amedola

Curley and Schultz’s defense attorneys

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Dec 13, 2011 8:05 PM EST up reply actions  

Can they, though?

I’m certainly not a criminal defense lawyer, but my understanding was that the prelim. was for the prosecution to put out its p.f. case, with the defense having an opportunity to cross. I wasn’t aware the defense was calling witnesses, other than possibly the defendant.

by Jeff Junstrom on Dec 13, 2011 8:13 PM EST up reply actions  

looks like you are right about this in PA

see the last post with the interpretation of the rules

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Dec 13, 2011 8:15 PM EST up reply actions  

Right.

So the question becomes: can the prosecution establish their p.f. case without MM?

by Jeff Junstrom on Dec 13, 2011 8:23 PM EST up reply actions  

I believe they can

assuming GJ testimony is admissible. but even if he isn’t on the stand, at least we should be able to know what exactly he testified about at the GJ

Reporter: Can you give us a touchdown celebration, one that you would get penalized for?
Moye: I play at Penn State. I don’t celebrate.

by psupride on Dec 13, 2011 8:36 PM EST up reply actions  

I really have no idea how this works

I THINK McQueary will have to testify live, but I don’t know.

Another weird thing – in order to prove that crimes were committed and Curley and Schultz were the ones who committed them, wouldn’t someone have to read their grand jury statements into the record?

"We gon' get down. We gon' do the do. I'm going to hit these mother****ers" - Dock Ellis, May 1, 1974.

by OctaShields on Dec 13, 2011 8:41 PM EST up reply actions  

Then no

I think the DA will drop charges rather than put MM on the stand after yesterday’s circus. They risk impeaching a star witness for JS trial in this sideshow.

"I think that this situation absolutely requires a really futile and stupid gesture be done on somebody's part."
-Eric "Otter" Stratton (Tim Matheson), Animal House, Universal Pictures (1978).

by PSUPhD90 on Dec 14, 2011 6:29 AM EST up reply actions  

GJ testimony should not be admissible.

It’s hearsay. Sure, there may be an exception or two that theoretically could apply, but such exceptions should fall if a 6th Amendment right to confront issue is raised.

Then again, I don’t practice criminal law.

"Is that a shot at me? 'cause that makes me want to read it all the less."

by MainLion on Dec 13, 2011 9:11 PM EST up reply actions  

If McQ does not testify, that is.

"Is that a shot at me? 'cause that makes me want to read it all the less."

by MainLion on Dec 13, 2011 9:13 PM EST up reply actions  

I don't practice crim law either but

to me the prosecution has to prove that Shultz and Curly lied under oath. They probably have different ways of proving this, one of which could be MM’s testimony. We are also asuming that Shultz and Curly’s stories match up. There could be 3 stories – the one MM told, the one shultz told and the one Curly told. to get through a prelim I am not sure how much is needed.

Reporter: Can you give us a touchdown celebration, one that you would get penalized for?
Moye: I play at Penn State. I don’t celebrate.

by psupride on Dec 14, 2011 8:52 AM EST up reply actions  

Also, I would think the 6A rights would not come into play in Prelim

I would think that would be an issue for the trial. Didn’t someone say that Amendola would not be able to question the credibility of the victims on stand? So basically I would think that the judge is going to take MM’s GJ word as gold. then the issue at trial would be whether or not he is credible, who told the truth etc.

Reporter: Can you give us a touchdown celebration, one that you would get penalized for?
Moye: I play at Penn State. I don’t celebrate.

by psupride on Dec 14, 2011 8:54 AM EST up reply actions  

In my experience

the defense counsel CAN question credibility at a prelim. But since it doesn’t matter at all to the question of whether the prosecution has made a prima facie case, the judge usually cuts them off after a few questions. And I do believe that more rules of evidence come into play at the preliminary hearing level (hearsay rules are enforced) so that’s why I’m thinking McQueary has to make like Bill O’Reilly and do it live.

"We gon' get down. We gon' do the do. I'm going to hit these mother****ers" - Dock Ellis, May 1, 1974.

by OctaShields on Dec 14, 2011 10:31 AM EST up reply actions  

Maybe not - here's one interpretation of the rules

Preliminary Hearing: This is the first adversarial hearing in the criminal process and the most important hearing in your case. Your hearing will be in District Court before a MDJ. The purpose of the preliminary hearing is to protect citizens from unlawful arrest and detention. At the hearing, the Commonwealth must prove that a crime was committed and you are probably the one who committed it. This is not your trial and the prosecution need not prove its case beyond a reasonable doubt at this stage. The burden of proof is very low for the prosecution. No defenses are allowed, evidence cannot be suppressed and the judge will have to accept the Commonwealth’s witness’s testimony as true even if they are lying. You will be faced with the choice of waiving your right to a preliminary hearing or forcing the prosecution to present evidence and call witnesses. If a hearing is held and the Commonwealth presents evidence regarding each material element of the charges, the MDJ will hold your case for court and give you an arraignment date. If the prosecution fails to meet its burden the MDJ can dismiss some or all of the charges. It is important to have an attorney at the hearing because charges can be dismissed after a having the hearing or charges can be dropped in exchange for a waiver of the hearing.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Dec 13, 2011 8:14 PM EST up reply actions  

So if I am reading this correctly…

for the perjury charges to stick they would be required for McQueary to take the stand on Friday.

by PSUinOH on Dec 13, 2011 8:35 PM EST via mobile up reply actions  

I would hope he would be required to confirm some statement provided

by the prosecution
and it is too bad the defense cannot call Dr Dranov

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Dec 13, 2011 8:38 PM EST up reply actions  

Dr Dranov sounds like a literary character.

Didn’t he attend to Smerdyakov after an epileptic fit?

"The limits of my language mean the limits of my world" -- Ludwig Wittgenstein

by SubLime on Dec 13, 2011 8:51 PM EST up reply actions   1 recs

Great info

It’s frustrating that this type of pertinent information isn’t available in the newspaper articles on this case.

by reedjohnmiller on Dec 13, 2011 9:11 PM EST via mobile up reply actions  

NOW it appears the Grand Jury Presentment is a flat out lie

See new information about the design of the locker room and showers that make it impossible for the summary of Mike McQueary’s testimony to be the truth

CLICK HERE and scroll to the bottom of the Fan Post

This could be the smoking gun if we can get some corroboration on the layout of the Lasch lockers and showers

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Dec 14, 2011 2:15 PM EST up reply actions  

i appreciate your sleuthing and enthusiastic posting in recent weeks

but I DO NOT KNOW where the incident took place

"my dad says Michigan used to be good"

by hbeach08 on Dec 14, 2011 2:34 PM EST up reply actions   1 recs

A flat out lie?

Saying that the GJ presentment is a total lie is still a stretch at this point. There are probably points where a one-sided version of events is presented that doesn’t represent the full truth, but to call the whole thing a flat out lie? If you think it’s a flat out lie, do you think Sandusky is innocent? I just want to encourage you to be a bit more measured and careful in your statements and analysis (also see my comment in that fanpost).

Let's Go State!

by Gopher Broke on Dec 14, 2011 2:52 PM EST up reply actions  

Sorry - I should have prefaced that with what I was thinking about

I’ve been writing in too many places about the Victim 2 situation and Mike McQueary’s statements that I cover with a post below this one.

I’m talking about the sentence in the alleged MM ‘testimony’ stated in the presentment thus

Exact text of the Grand Jury Presentment

As the graduate assistant put the sneakers in his locker, he looked into the showers. He saw a naked boy, victim 2, whose age he estimated to be ten years old, with his hands up against the wall, being subjected to anal intercourse by a naked Sandusky. The graduate assistant was shocked but noticed both victim 2 and Sandusky saw him. He left immediately, distraught.

AS THE GRADUATE ASSISTANT PUT THE SNEAKERS IN HIS LOCKER HE LOOKED INTO THE SHOWERS. HE SAW A NAKED BOY…
so by the description it is impossible to look into the showers as you put sneakers in a locker

This diagram shows the locker room separated from the showers by the TOWEL ROOM

One cannot see inside the showers without being in the towel room
That means saying MM was standing at his locker and looked into the showers is a lie, or a fib, or a misstatement, or a fabrication, or a gross distortion.
It is such a gross distortion it caused the media and their misinformed public to be outraged at MM for not stopping a rape or calling police.
The Press and the public read the GJ distortion and rushed to judge Joe and Mike as weak willed pedophile enablers and PSU with Joe complicit in a cover up to hide a monster in order to protect a football team. And worse – it caused the cowardly BOT to fire Paterno.

I call that a LIE because the consequences of the distortion were HORRIFIC and anyone in the position of Attorney General should have known the consequences.
It wasn’t just a LIE it was a damned LIE causing damage that cannot be undone to a very good man who deserved much better from the BOT of the University he served so well for so long.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Dec 14, 2011 7:56 PM EST up reply actions  

I don't know.

Is it possible MM had a locker right near the towel room? And is it possible he was actually putting sneakers away when he heard something happening, and wandered through what appears to be a relatively small towel room? Just cause he said “I was putting my sneakers away” or simply because that’s what the GJ statement says, doesn’t mean MM was doing THAT EXACT THING the moment he saw what he may have seen.

by Jeff Junstrom on Dec 14, 2011 9:55 PM EST up reply actions  

Attempting to reconcile Mike McQueary's reported statements

It has been reported that MM signed a statement for the Grand Jury presentment that was worded like this
"I did not see insertion. I am certain that sexual acts like the young boy being sodomized was occurring." He says the whole incident lasted about a minute.

We do not have a quote or Q&A from his Grand Jury testimony so this statement is as close as we have as a quote then Dr Dranov evidently testified this way:
McQueary heard "sex sounds" and the shower running, and a young boy stuck his head around the corner of the shower stall, peering at McQueary as an adult arm reached around his waist and pulled him back out of view. Seconds later, Sandusky left the shower in a towel.However, Dranov told grand jurors that he asked McQueary three times if he saw anything sexual, and three times McQueary said no,
These two versions are not that far apart so we need to see a transcript of his GJ testimony to see if it differs substantially from his written statement. If it does not he indicates he did not SEE insertion or the actual sex act but on the basis of the sounds he was sure there was a sex act.
I suggest that it is the prosecutors embellishment of MM’s testimony that had the GJ Presentment reading "He saw a naked boy with his hands on the shower wall being subjected to anal intercourse"
What if he saw the boy with his hands on the wall from the neck up and assumed the ‘anal intercourse’ from the noise he had heard but the wording of the presentment makes it appear he was seeing Sandusky naked with the naked boy when he only saw Sandusky as he left the shower room in a towel?
I think that makes a lot of logical sense

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Dec 14, 2011 3:47 PM EST up reply actions  

Sanduskys alleged evil grooming method

evidently included allowing his young charges to imagine they were PSU football players by having them work out and shower just like the players. I know I read some news accounts that described the events as occurring in the football players locker room and that Mike as a graduate assistant at the time had a locker in an area of that locker room

Another person familiar with Lasch says the locker, toweling off area, shower area design is common to other locker room shower facilities at Lasch.

this arrangement also fits the reported statements of Dr Dranov M.D. who says Mike saw the boys head stick out of the shower area before being pulled back by an adult arm – then Sandusky emerged in a towel. That fits with the description of the locker – shower arrangement.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Dec 14, 2011 3:54 PM EST up reply actions  

I thought that it was in the Assistant Coach's locker room

"I've seen over 200 episodes of Law & Order and it's paying off big time!"

by letsgopsu on Dec 14, 2011 6:02 PM EST up reply actions  

I'm somehow envisioning

That’s the same phone number that was on the paper the BoT sent to Joe’s house.

by Jitterbug on Dec 13, 2011 9:46 PM EST up reply actions  

Considering Benjy is a Penn State grad I would

have hoped they have been having weeks of fun. I don’t listen to Stern though…

*

by Smee on Dec 14, 2011 8:18 PM EST up reply actions  

Benjy has been completely mute on the subect

He has many more of his own psychological problems to work out. There was also some debate a month or so ago about whether he “graduated” or “attended” but not sure what they concluded.

by cs93 on Dec 15, 2011 1:33 AM EST up reply actions  

this debate has been ongoing for a long time, much longer than a month

"I've seen over 200 episodes of Law & Order and it's paying off big time!"

by letsgopsu on Dec 15, 2011 8:55 AM EST up reply actions  

I think I died a little inside when I saw that the title of this article was filed under #PSUCharges

Just never thought I’d see a day on a PSU website where that would need to be written……what a sad/horrible situation.

by GMac14 on Dec 13, 2011 8:24 PM EST reply actions  

Who are all the big, fat guys in Sanduskys posse?

Saw a vid on ESPN of a group of 5-6 people entering his house. Are they his adopted sons?

by PSUinOH on Dec 13, 2011 8:37 PM EST via mobile reply actions  

Former FB players at Juniata.

"The truth, the whole truth and nothing but the truth, so help me God."

by DerryPharmer on Dec 13, 2011 10:16 PM EST up reply actions  

Off Topic side bar

my Lady Vols are whipping New Jersey State U by 10 with a minute left in Piscataway.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Dec 13, 2011 8:55 PM EST reply actions  

Always a good sidebar.

@JPosnanski - I saw a girl crying tonight. When I asked why she said: "Because everybody lost."

#OccupyESPN


Black Shoe Diaries

by Adam Collyer on Dec 13, 2011 9:14 PM EST up reply actions  

FWIW

Is it possible to take a picture of Jerry Sandusky where he doesn’t look like the creepiest creep that ever creeped? I didn’t think so.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Dec 13, 2011 10:37 PM EST reply actions  

wow

If I had to choose today between the moral integrity and character of Joe Paterno and the politicians and commentators criticizing him, I would pick Joe Paterno, hands down, no contest every time. - Franco Harris

by carolinaeasy on Dec 14, 2011 8:03 AM EST up reply actions  

This is your greatest gift to mankind

But I’d still say it needs more Pedo Bear

365 beers from 365 different breweries in 365 days. Game on.
http://www.blognamedbrew.blogspot.com/

by Tailgate Shogun on Dec 14, 2011 8:46 AM EST up reply actions  

Jerry Sandusky agrees

I, for one, plan to continue my life long contempt for the powers that be and I fully expect to be disappointed with whatever choice is made. ~PSUgirl

by jman07 on Dec 14, 2011 10:18 AM EST up reply actions  

If only it had the tater in it

Reporter: Can you give us a touchdown celebration, one that you would get penalized for?
Moye: I play at Penn State. I don’t celebrate.

by psupride on Dec 14, 2011 8:57 AM EST up reply actions  

Bravo, sir.

The dancing Snoop Dogg is a nice touch.

Ew, she's presenting like a mandrill!

by icavalera on Dec 14, 2011 10:23 AM EST up reply actions  

Maybe a bunny, too?

I'm not rationalizing - I'm being totally irrational

by GoodOleDays on Dec 14, 2011 11:42 AM EST up reply actions  

Hey, BSD lawyers.

Exactly how crazy is Amendola’s defense here? I have a license and all, but I don’t pretend to be a genius when it comes to criminal law practice. What’s your general sense of this mess? I’m pretty sure that jesse. has helped change my mind to “incompetent like a fox” when it comes to Amendola’s tactics.

by Chris Grovich on Dec 14, 2011 11:47 AM EST reply actions  

????

The waiver was a great middle finger to the Commonwealth…and the media. But, I don’t know if I would have passed up the chance to cross-examine the Commonwealth’s witnesses. Once you have a detailed statement in black and white with a Court Reporter, there is no going back. Any testimony those witnesses subsequently give at trial that even remotely differs from their prior testimony could be targeted to hurt credibility.

Not only that, I don’t buy any of that bullshit the Commonwealth and alleged victims’ lawyers are saying about their clients being eager to testifiy. I’ve done my share of sex cases and I’ve never seen a sex victim eager to testify.

I’m sure Amendola has his reasons. Can’t hardly second-guess another lawyer in this situation. He knows a hell of a lot more than we do about this case.

by rodney20 on Dec 14, 2011 12:10 PM EST up reply actions  

Oh, I agree about the relative uselessness of second guessing.

But let’s do it anyway. There were one or two victims that said through their attorneys that they were relieved not to testify, I remember reading that much.

I suppose I’m wrestling with the usefulness of cross-examining the witnesses in that forum. There has to be some good reason that he didn’t do it, and I don’t believe it’s because Amendola’s an idiot. But I can’t figure it out. The whole case is built on credibility, after all. Why not do all you can to get potentially contradictory statements on the record, unless Amendola knows that he’s really not going to be permitted by the judge to get very far into the actual cross-examination.

Where I’m solidly with jesse. is that Amendola showed the Commonwealth’s lawyers and witnesses just how much of a hot mess this trial is going to be. And there was certainly the middle finger aspect you mentioned.

by Chris Grovich on Dec 14, 2011 12:19 PM EST up reply actions  

Not to mention...

Waiving the hearing in 30 seconds and running a PR campaign for hours and hours on the courthouse steps ensured that Amendola won the day. I don’t know if that wins him the war, necessarily, but he definitely got his story out there.

by Chris Grovich on Dec 14, 2011 12:20 PM EST up reply actions  

I'm not a lawyer

But since the victims didn’t testify yesterday, does that mean that they will be testifying at the subsequent trial, whenever the hell that happens?

Run.

by Bob Sacamano on Dec 14, 2011 12:22 PM EST up reply actions  

Yes. They have to.

That’s where the Preliminary hearing cross-exam would have been useful…You use it to nail down the witnesses’ statements under oath. Then, if they say anything at trial that is even remotely different that what they said at the prelim, you jump on it and try to make them look like a liar.

by rodney20 on Dec 14, 2011 12:26 PM EST up reply actions  

I really don't think

the judge would have given him much leeway. If he were getting into credibility questions, the prosecution would object after a while and the judge would tell him to wrap it up.

"We gon' get down. We gon' do the do. I'm going to hit these mother****ers" - Dock Ellis, May 1, 1974.

by OctaShields on Dec 14, 2011 6:45 PM EST up reply actions  

You don't think the victims will need to testify?

Just how do you expect the Commonwealth to make their case without the victim’s testimony? Amendola will look like an all-star if the victims don’t testify…and he won’t even have to try.

by rodney20 on Dec 14, 2011 11:49 PM EST up reply actions  

Not sure if I'm reading your post right...

Are you referring to my answer to whether the victims will have to testify at trial?

or are you talking about the decision not to have a hearing? Amendola’s strategy shouldn’t have been to get into credibility of the witnesses at the prelim. I don’t think that would serve any legit purpose. But I can’t see how the MDJ or Judge doesn’t allow him to extensively question the witnesses about every graphic detail to make a substantial record.

I don’t practice in Centre County all that often, but I can’t imagine an objection being sustained if the defense is simply developing a detailed record for trial.

by rodney20 on Dec 14, 2011 11:55 PM EST up reply actions  

Is there a chance that Amendola knew that Curley and Schultz were not going to wave

and the only statement he really wants to hear is McQueary? There is really nothing he could do with the victims’ testimony and they would probably just be more piling on. In this way, he draws everyone to the hearing, gets his hour long presser, gets a concession from the prosecution (no more arrests for more victims coming forward) and will still get to hear McQueary on Friday. This is my take on what happened and it seems pretty smart to me.

I just read.

by BMAN13 on Dec 14, 2011 12:25 PM EST up reply actions  

I can't accept that the MDJ wouldn't allow the defense to fully cross-exam...

All they would be doing is framing an appeal issue for the defense. The best trial judges and MDJ’s I’ve been before allow the defense to have a good bit of leeway…this gives them enough rope to hang themselves. Generally makes the appellate issues tougher to win.

by rodney20 on Dec 14, 2011 12:30 PM EST up reply actions  

Magisterial District Judge...

in PA prelims are usually before these individuals. Not to deminish the importance of these individuals, but most lawyers and police officers generally don’t consider MDJ’s actual Judges. They are commonly known in PA as the minor judiciary, small claims courts, justice of peace, local magistrates, district justices. Since Sandusky’s prelim was at the Centre COunty Courthouse, it is possible that the hearing was supposed to be before a Common Pleas Judge. This is not the norm though.

There is a big difference in power, authority, status, and pay scale, between an MDJ and a Common Pleas Judge.

by rodney20 on Dec 14, 2011 1:29 PM EST up reply actions  

yeeeeahhhh, I was just trying to lighten up the mood a little

BUT, thank you for the explanation. I did not, in fact, know what the acronym MDJ was.

"my dad says Michigan used to be good"

by hbeach08 on Dec 14, 2011 1:38 PM EST up reply actions   1 recs

I actually cant believe so many people are surprised at this

waiving a preliminary hearing is a fairly common thing especially when a grand jury has indicted. I clerked in Federal Court and preliminary hearings are pretty much automatically waived if a grand jury indicts. The judge is finding probable cause here, we all know that, and Amendola knows that.

Tactically it makes sense to waive particularly in a case where 11 victims are going to testify in front of 400 newsmedia before jury selection/etc. Public opinion of Sandusky is bad enough as it is. Further, keep in mind these are not formal hearings, hearsay is allowed. Some (most) Examination/Cross-Examination questions are inadmissble because of this, so asking them questions may be helpful to see their play, but a deposition could do the same (and also preserve testimony for trial) in private. I dont do criminal law, so I dont know if PA allows deps for criminal cases, i know some states do not.

It means as much as Amendola drinking decaf instead of regular coffee legally. I cant believe how many people assumed waiving the hearing was an admission of guilt. He’s going to trial, a judge is going to find probable cause on at least one count, and he will have his ability to examine them at trial.

Would I have done it I dont know, but it makes sense tactically if you ask me

by swiggy04 on Dec 14, 2011 3:28 PM EST up reply actions  

I can say that I was on the prosecution side in some prelims

and if you let the defense get in 4 or 5 questions about witness credibility before objecting, the judge would normally say “are you going somewhere with this, counselor?” to the defendant, who would admit that he was getting at credibility, and the judge would say “save it for trial” and cut him off after another question or two.

"We gon' get down. We gon' do the do. I'm going to hit these mother****ers" - Dock Ellis, May 1, 1974.

by OctaShields on Dec 14, 2011 6:49 PM EST up reply actions  

Causing a media shit storm could be good...

It significantly reduces the jury pool by spreading information to potential jurors. You can really make life hell for the Commonwealth. Could be successful on a number of pretrial motions regarding jury selection, sequestering, etc. Most prelims are done not for the purpose of trying to get the charges dropped, but moreso as a discovery tool or to set up cross exam for trial.

Again, I can’t second-guess Amondola because he knows all the inside information on this case, but I am surprised he waived…although I would agree with you that waiving prelims is quite common. I usually waive about 95% of mine. Generally, I only have a prelim when I am confident I can get the charges dismissed, or if I know there is a high probability the case will go to trial.

by rodney20 on Dec 15, 2011 12:06 AM EST up reply actions  

Sandusky lawyer

Who’s creepier, Sandusky or Amendola?

by spudoe on Dec 14, 2011 1:33 PM EST reply actions  

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