Attorneys for Jerry Sandusky were back in Bellefonte on Monday, asking questions about the young men at the heart of the child sex abuse scandal.
Sandusky was in the second day of a three-day evidentiary hearing for his Post-Conviction Collateral Relief Act petition in front of McKean County Senior Judge John Cleland, specially presiding over the appeal as he did over the retired Penn State defensive coordinator’s 2012 trial.
It started with Andrew Shubin. The Centre County defense and civil attorney made it clear from the moment he took the stand that he had clear boundaries to what he believed he could address.
“I am prepared to offer a motion to quash,” he said. He just didn’t have the paperwork prepared.
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Shubin said he would not testify to any conversations between himself and his clients, which would fall under attorney-client privilege. He also asserted work-product privilege. Cleland granted the attorney-client issue and said he would address work-product should it arise.
The client in question was the young man known as Victim 2, the boy who then-graduate assistant Mike McQueary told the grand jury he saw being assaulted in the shower by Sandusky.
Sandusky’s attorney Al Lindsay has pinned some of the PCRA on the idea that the prosecution misrepresented information about Victim 2, including closing statements with the suggestion that boy was “known only to God.”
Shubin confirmed that prosecutors had been made aware that his client “self-identified” as Victim 2.
“Did you make any efforts to make the prosecution aware of your representation of (Victim 2)?” Lindsay asked.
“I sent a couple of letters, maybe an email or two to (prosecutor) Joe McGettigan in February 2012, May 2012. I likely spoke to Mr. McGettigan and (prosecutor) Frank Fina on a couple of occasions,” Shubin said.
“He showed no interest in your client?” he asked about McGettigan’s response.
“That was my feeling — no follow-up. I believe that I said something along the lines of ... ‘this is the person who has self-identified as Victim 2,’ ” Shubin said. “He was never interviewed. Let's just leave it at that.”
Shubin also represented three other of the total 10 victims in the criminal case, as well as Sandusky’s adopted son Matthew, in obtaining settlements from Penn State.
Also on the stand Monday morning were investigators from the state police and Victim 1’s psychologist and book co-author who spoke to leaks and information obtained by former Centre Daily Times and Patriot-News reporter Sara Ganim.
Leaked grand jury information is another key argument in the PCRA petition.
Sandusky was convicted of 45 of 48 counts of child sex abuse charges. He was sentenced to 30 to 60 years in prison. He is seeking a new trial.
Testimony is scheduled to continue Tuesday.