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 prosecution was also told Tuesday they have to turn over phone numbers and addresses of the alleged victims.
The three-page order from Senior Judge John Cleland was the latest result in a series of pretrial discovery requests from the defense to prepare for the mid-May trial.
While the ruling appears to be a win for the defense that they will be able to view the documents, the question remains whether they can be admitted as evidence at trial.
Sign Up and Save
Get six months of free digital access to the Centre Daily Times
Sandusky’s attorney, Joe Amendola, said Tuesday he was happy with the judge’s decision. A spokesman for the Attorney General’s Office declined to comment.
Last week, Amendola asked the judge for the materials.
He said the juvenile arrest records can be used to question the accusers’ credibility on the stand, and he thinks the contact information may help the defense determine if they were communicating with each other when the state’s grand jury investigation was ongoing.
In particular, Amendola was interested in the psychological report of the boy from a 1998 Penn State police investigation.
That boy’s mother told police that Sandusky showered with her son, but Sandusky was never charged.
Sandusky thinks the psychologist, John Seasock, concluded that the boy was not sexually abused.
The prosecution had argued that the materials were confidential or privileged, such as the psychological reports being protected by doctor-patient privilege.
In his order Tuesday, 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 further argue their side.
Outside of the prosecution’s one objection, Cleland reasoned that the evaluations would otherwise be available to the defense.
One of the alleged victims’ attorneys spoke out Tuesday, accusing Amendola of raising irrelevant issues.
“Mr. Sandusky knows what he did to these young men, so he would be wise not to challenge the veracity of their allegations at trial,” said Ben Andreozzi, a Harrisburg lawyer.
Sandusky, 68, is awaiting trial on 52 counts of child sex abuse. He denies the allegations.
Mike Dawson can be reached at 231-4616. The Associated Press contributed to this report.