Jerry Sandusky Denied New Trial By Pennsylvania Court of Appeals, Will Continue 30- to 60-Year Sentence
ByJerry Sandusky will not have a new trial after being convicted about a year ago of 45 counts of child molestation, for which he is serving a 30- to 60-year prison sentence.
The Associated Press reported a Pennsylvania court of appeals denied Sandusky's request Wednesday in a unanimous decision by a three-judge panel. The decision was announced nearly two weeks after a state prosecutor and Sandusky's lawyer made oral arguments regarding the case.
Sandusky, a former Penn State assistant football coach, has maintained his innocence despite being convicted of molesting ten boys over the span of more than a decade. He had made his plans to appeal his conviction clear all along.
Sandusky argued that his trial lawyers did not have proper time to prepare, that a prosecutor made an out-of-line allusion to him not taking the stand on his own behalf and what he called two mishandled jury instructions on the part of the judge.
Judge Jack Panella wrote an opinion stating trial judges may decide whether or not to allow pretrial delays. He said in Sandusky's case, the judge came to his decision carefully and did not overlook any continuance requests.
"The decision does not reflect a myopic insistence upon expeditiousness in the face of Sandusky's request; it was not an arbitrary denial," Panella wrote.
Sandusky had asked the trial judge, John Cleland, to instruct the jury about the time it took for the victims to come forward with their claims. Panella wrote that Cleland's failure to do so did not harm Sandusky in the case. He said each victim's motives for coming forward with their allegations of abuse were brought forward in the trial.
"The trial court specifically instructed the jury that they were to consider any possible motives of the victims in coming forward," Panella wrote. "The vigorous cross-examination of the victims and arguments by defense counsel, when combined with the trial court's instructions on credibility, clearly defined the issues for the jury."
Panella also noted Sandusky's declining to testify was not properly preserved for a court of appeals. The review panel also denied the second jury instructing claim, related to weighing a defendant's track record of upstanding character with such heinous allegations.
Sandusky, 69, is about one year into a minimum 30-year sentence. He will be first eligible for parole when he is 98 years old.