Sandusky attorney discusses appeal hearing
Jerry Sandusky may be back in Bellefonte again.
On Tuesday, the Centre County media information site posted a new document in the ongoing saga of the retired Penn State defensive coordinator convicted of 45 counts of child sex abuse in 2012.
McKean County Senior Judge John Cleland, who has been specially presiding over the case since its first trip through court, signed a new order in Sandusky’s quest for a new trial.
Sandusky will have an opportunity to call witnesses for an evidentiary hearing on his Post Conviction Relief Act petition. An argument on that hearing will be held May 2.
Attorneys Al Lindsay and Andrew Salemme filed a second amended petition with the court on March 9. The PCRA is a process that allows individuals convicted of “crimes they did not commit” to appeal by trying to prove that their rights were violated or the justice process undermined.
According to Cleland’s memorandum, the petitions have listed the topics the attorneys wanted to have 21 named witnesses testify on at an evidentiary hearing, but that’s not enough under the law.
“... Notably the petition does not, as the statute and the rules both require, state the substance of each witness’s testimony,” Cleland wrote, giving the attorneys 30 days to amend the list to include the new information.
Lindsay said he has not yet requested to have his client attend the May arguments, but “in all likelihood, he will be there.”
“We are excited to get into court,” said Lindsay, calling the order “good news.”
Sandusky himself may not have heard about the order yet, as his attorneys only got word of it Wednesday morning.
“For Mr. Sandusky, I can tell you this, he believes, being an innocent man, no matter how fast it goes, it’s too slow,” Lindsay said. “He’s frustrated.”
Sandusky has maintained his innocence throughout the trial and appeals. He remains incarcerated at Greene state prison in Waynesburg, serving the 30- to 60-year sentence imposed in 2012.