If prosecutors in the Jerry Sandusky sex abuse case had any say Tuesday afternoon, the former assistant football coach wouldn’t even get a shot at an appeal.
But what initially appeared as a fatal mistake on the defense’s part was actually a “calendaring error,” said defense attorney Karl Rominger.
According to court documents filed Tuesday, prosecutors said that because Rominger missed the deadline of his extension to file a document in support of post sentence motions for Sandusky, the appeal should be dismissed.
However, Rominger said the defense had planned on filing an extension — one that was ultimately mis-dated and never filed — and the mistake was only brought to his attention upon the prosecution’s filing. He said the appropriate court documents were filed this afternoon, but the Superior Court Media Information Page showed no additions in online court document posting, as of press time Wednesday.
Rominger had until Nov. 26 to file the document in support of the initial post sentence motions, filed days after Sandusky was sentenced to 30 to 60 years in prison, but failed to meet that deadline, according to court documents.
As per Pennsylvania Rules of Appellate Procedure, prosecutors could move to have the whole matter dismissed because the specified time frames were not met, according to court documents.
The court has not ruled on the matter as of press time Wednesday.
Sandusky is also appealing the decision to revoke his retirement pension on the grounds that the Pennsylvania State Employees' Retirement Board has no legal basis to withhold the money.
In a letter written by Sandusky’s attorney Charles Benjamin two weeks ago, Benjamin argues that Sandusky was no longer a Penn State employee when legislation regarding tougher pension penalties was passed in 2004.
Under the new legislation, public officials and employees can lose their pension if convicted of specific crimes.
Benjamin’s five-page letter was obtained by The Associated Press through the state’s Right-To-Know law.
Sandusky’s pension was revoked after he was found guilty of 45 counts of sexual abuse in late June. He is currently serving his 30 to 60-year sentence in southwestern Pennsylvania.
The Associated Press contributed to this report.