Transcripts from the Jerry Sandusky trial were released late Friday afternoon, revealing new insight into what went on behind the scenes during the weeks of the trial.
Judge John Cleland commented on Day 5 of the trial about ongoing investigations regarding The Second Mile, the nonprofit organization Sandusky founded and used to meet young boys he was found guilty of sexually abusing, according to the transcripts.
The former assistant football coach was found guilty on 45 of 48 charges of child sex abuse in June.
Addressing both the prosecution and defense in regards to a female juror whom both sides thought may have a conflict of interest, Cleland referenced investigations conducted by outside agencies, according to transcripts.
“I think it is general knowledge that Second Mile and its various fund raisings have been the object of some investigations by some agencies,” he said in closed-door proceedings, according to the transcripts. “I don’t know if it’s the grand jury, FBI, U.S. Attorney, or somewhat but there are certainly ongoing investigations.”
Juror debate
The possible investigations became a cause of concern in regards to Juror 6, according to transcripts.
Shortly following jury selection, the court received a fax dated June 6, 2012 regarding the juror’s relation to The Second Mile, according to transcripts.
It was placed on the record on Day 5 of the trial that the juror had a slight connection to The Second Mile, in that she worked for companies owned by Bruce and Ben Heim, both of whom have connections with the nonprofit organization.
Bruce Heim served on The Second Mile’s organizational board since the charity’s inception and has donated millions of dollars to the organization, according to transcripts. His son has also contributed and donated to The Second Mile.
The fax was sent by Ben Heim, who reportedly hoped to identify and clarify any possible conflict of interest on the part of the juror, according to transcripts.
The questions arose because neither the prosecution nor the defense was able to investigate jurors and their involvement with organizations, outside of jury selection, during the trial. Cleland specifically reminded both sides of the case that the topic must be approached carefully, according to transcripts.
But by Day 5 of the trial, it became apparent that Juror 6 was having some outside contact — via texting — regarding the case that the prosecution was made aware of, which also compromised her role in the trial, according to transcripts.
Sandusky’s lawyer, Joe Amendola said a reliable source had informed him that Juror 6 had prematurely found Sandusky guilty of the crimes he was charged with committing and voiced her opinion to outside sources, according to transcripts.
The concern was also raised earlier in the trial — specifically on Day 2 — but neither the prosecution nor the defense felt it was fair to make a decision on whether to dismiss the juror until both sides had more information, according to transcripts.
In those conversations, Cleland also hinted that in “reading between the lines,” the prosecution’s concerns seemed to lie in the effect of what investigations or information from outside agencies the juror may have come in contact with, according to the transcripts.
The female juror didn’t end up playing a role the deliberations and conviction of Sandusky, as she was dismissed June 20 after she was deemed too sick to participate in the rest of the trial, as previously reported.
Personality disorder
Private sidebar conversations between Cleland, the prosecution and defense also reveal a significant conflict regarding the use of expert testimony to aid the defense’s push for histrionic personality disorder, according to transcripts.
Prosecutor Frank Fina argued during these conversations that the testimony didn’t “open the door” into possible speculation about the disorder serving as a cause for the abuse Sandusky was charged with, but rather it “obliterated the door” leading into speculation, according to transcripts.
“There is no more door,” Fina said. “This has gone directly into the issue of his broader behavior including his sexual behavior.”
Missing D.A.
The disappearance and role that former District Attorney Ray Gricar played in the trial was also a topic of contention throughout discussions with both sides of the case, according to transcripts.
As early as Day 1 of the trial, prosecutor Joe McGettigan questioned the validity that Gricar could hold throughout the case — he said Amendola made character references to him — and addressed that he didn’t know how to respond accordingly, according to transcripts.
Cleland ultimately said that based on the representations of various people in the trial, as long as Amendola could provide witnesses to back what he was arguing, it would be permissible.
The transcripts released are more than 2,000 pages long and provide a full recounting of the trial that lasted less than two weeks.
