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Sandusky's appeal denied, restitution in question

Jerry Sandusky Resentencing, Walk to patrol vehicle

Jerry Sandusky is escorted to a patrol vehicle after being resentenced at the Centre County Courthouse on Friday, Nov. 22, 2019.

In a recent nonprecedential decision from the Superior Court of Pennsylvania, Jerry Sandusky's appeal of his November 2019 Judgement of Sentence was denied, but he may no longer have to pay a $95,047.88 restitution order.

Sandusky, a former Penn State defensive coordinator, was found guilty on 45 of 48 counts of child sexual abuse and was sentenced to 30 to 60 years in 2012.

According to an opinion memorandum filed Thursday by Judge Mary Jane Bowes, Sandusky was denied his plea concerning "after-discovered evidence" that would result in a new trial or remand for further hearings.

The "after-discovered evidence" in question includes a diary allegedly from a member of the Penn State Board of Trustees' investigative team, "summaries" of alleged emails from members of the team, and an affidavit from Sandusky's counsel regarding this information.

However, because of Rule of Criminal Procedure 720, Sandusky was denied this appeal. This procedure requires after-discovered evidence to be submitted "promptly" after finding.

According to Bowes, Sandusky didn't submit this evidence until between four and six months after discovery, which the court concluded as not prompt.

As for the restitution, Bowes wrote there is "no causal connection in the certified record" concerning the amount and his convictions.

The plaintiff did not have written documentation of the reasons regarding the $95,047.88 restitution order, and the commonwealth agreed to search for further clarification, according to the memorandum.

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