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October 26, 2012

Post-sentencing Sandusky case hearing scheduled

A hearing is scheduled for Dec. 10 in the Jerry Sandusky sex abuse case, when issues raised by the post-sentence motions filed by the defense will be addressed, according to court documents filed Thursday.

Senior Judge John Cleland ordered the hearing for 10 a.m. Dec. 10 at the Centre County Courthouse in Bellefonte, according to the order. Cleland also wrote that Sandusky’s defense team is granted until Nov. 9 to file any additional post-sentencing motions, according to the order.

By Nov. 16, Sandusky’s defense team must file any briefs in support of the post-sentencing motions they have filed, according to the order.

Sandusky’s lead defense attorney Joe Amendola said he and the rest of Sandusky’s defense team will be asking the court to revisit certain issues at trial relating to the people referred as “Victim 2,” “Victim 6” and “Victim 8.”

Amendola said he will revisit the charges relating to the people referred to as “Victim 2” and “Victim 8,” as no one presented themselves as such at trial. In the case of the person referred to as “Victim 2,” the jury found Sandusky guilty on all the charges except one, as previously reported.

The briefs — usually called a memorandum of law in trial court — are filed to more fully develop the arguments made in the post-sentencing motions, State College defense attorney Matt McClenahen said. If any of the defense attorneys have an issue with something said in court, they will also have to reference the specific page of court transcripts in which they take issue, McClenahen said.

Sandusky’s defense team filed its first post-sentence motions last week arguing for a new trial, as previously reported. Sandusky’s defense team argued that the evidence the prosecution produced against Sandusky at trial was inadequate to sustain the verdict, and that Sandusky was convicted based on the heaviness of the evidence produced.

A reconsideration for a modified sentence was also filed last week by Sandusky’s defense team, as previously reported. Sandusky’s defense team argued that the sentence was excessive.

The prosecution in the Sandusky case will have until Dec. 5 to file a reply brief in response to Sandusky’s defense team, according to the order.

Sandusky was convicted in June on 45 counts of sexually abusing boys he met through The Second Mile charity. He was sentenced earlier this month to serve 30 to 60 years in prison.

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