BELLEFONTE — Prosecutors will have to give Jerry Sandusky the juvenile arrest records of the alleged victims in the case, and the state might have to turn over psychological evaluations, a judge ruled Tuesday.
The three-page order was the latest in a series of pretrial discovery requests from the defense to get access to hundreds of pages of documents. The prosecution has argued that the materials contain confidential or privileged information and shouldn’t be disclosed.
Sandusky’s attorney, Joe Amendola, had asked for the arrest records, telling the judge they could go to question the credibility of the alleged victims. He also argued that by the prosecution having the psychological evaluations, they're no longer confidential so the prosecution should share them with the defense.
In response, the prosecution asserted the evaluations are protected under law by doctor-patient privilege and aren’t materials available to the defense under the discovery process. They also said the arrest records were confidential under state law.
In his order Tuesday, Senior Judge John Cleland said the prosecution has to turn over any juvenile arrest records of any of the alleged victims slated to testify at trial. But, Cleland said records of drug and alcohol violations are not to be handed over.
As for the psychological evaluations, Cleland said the prosecution only argued the records are covered by doctor-patient privilege but didn't explain how the law applies. He gave prosecutors seven days to respond.
Cleland seemed to agree with the defense that the matter of the psychological evaluations is complicated by the prosecution already having them.
Outside of the prosecution’s one objection, Cleland reasoned that the evaluations would otherwise be available to the defense.
In addition to the arrest records and psychological evaluations, Cleland ordered the prosecution to give the defense the current phone numbers and addresses of the alleged victims. Cleland said the prosecution will need to turn over the information it has on the alleged victims’ phone numbers and addresses when the alleged abuse occurred.
Sandusky, 68, is awaiting trial in mid-May on 52 counts of child sex abuse. He denies the allegations.