An attorney for Jerry Sandusky filed documents Monday explaining why he filed an appeal of the protective order issued by a judge to prevent the leakage of information about the case not introduced at trial.
Attorney Karl Rominger, who served as Sandusky’s co-counsel during his criminal trial, stated in the filing that the court “erred” in the protective order when they required the defense to say under oath who they gave discovery material to, as it was not part of the protective order originally agreed upon, according to court documents.
Rominger also stated that by forcing the defense to turn over the information would be to invade the “attorney work product” and reveal the defense’s strategy, according to court documents.
Rominger cited the Pennsylvania Rules of Criminal Procedures provision, which does not allow the court to make a protective order which requires "devolution of whom counsel worked or counseled with,” according to court documents. Rominger invoked the attorney-client communication privilege, according to court documents.
Senior Judge John Cleland filed the protective order on June 26, forcing the defense to disclose all materials they compiled to make their case to the court as well as the judge presiding over the grand jury.
Rominger also claimed that the order is “one-sided,” as the prosecution filed against the procedure and their filing was approved by the court, according to court documents. Rominger also stated that the prosecution may find the order advantageous, according to court documents.
Sandusky, the former Penn State defensive coach, was convicted on June 22 on 45 counts of sexually abusing boys he met through his charity, the Second Mile.