Jerry Sandusky's attorney is asking the judge for a delay in the trial against the former Penn State assistant football coach goes to trial, saying a number of discovery requests are keeping him from preparing an adequate defense.
The case is scheduled to begin with jury selection on June 5.
Joe Amendola said he's concerned he will "be unable to effectively and adequately represent the defendant at trial if the defendant's case are not continued."
Amendola argued to Senior Judge John Cleland that the state's investigation into Sandusky is still going on and will mean prosecutors have to turn over more materials to the defense.
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Similarly, he argues that some materials have just been made available to the defense. Amendola said the defense's investigators will need time to sift through everything and interview potential witnesses.
Amendola again mentioned the Dauphin County perjury case against former Penn State administrators Tim Curley and Gary Schultz. Amendola thinks their testimony could discredit Mike McQueary at trial, but Curley and Schultz will invoke their Fifth Amendment right if called to testify, their attorneys told the defense.
One of Amendola's defense strategies is expected to be that the alleged victims knew each other and conspired against Sandusky for financial gain. He's hoping to show that through cell phone records, but he said he's still waiting for AT&T and T-Mobile to respond to subpoenas he sent a month ago. Verizon Wireless responded "in a limited fashion," he wrote.
Amendola will be in court this afternoon for a hearing on a number of motions to quash subpoenas seeking records about the alleged victims. The subpoenas were sent to their school districts, child welfare agencies, state departments and even The Second Mile charity.
It's not clear if the judge will rule on the request to delay the trial or if he'll wait. He's previously been hesitant to delay the trial, but he did push back its date once before by three weeks, from mid-May.
In a separate filing today, Amendola asked the judge to have prosecutors give him paper copies of files provided to him on a portable hard drive. Amendola said he can't access them.