Jerry Sandusky Scandal

Sandusky defense scores victory, will get access to some records

BELLEFONTE — The Second Mile will have to give Jerry Sandusky’s defense team any complaints of “misconduct or inappropriate actions” made by the alleged victims in the case against the charity’s founder, but not financial or personal information of the attendees at his retirement party.

Three school districts, including Bald Eagle Area, must turn over mental health and discipline records of some former students, but not their grade reports or attendance records.

The psychologist for alleged victim No. 1 will have to hand over records of diagnoses, opinions and observations, but not confidential communications with his patient.

Those orders came Thursday from Senior Judge John Cleland, a day after he heard arguments from attorneys who objected to disclosing the information the defense asked for in subpoenas. The judge denied parts of the subpoenas for requesting information irrelevant to the case.

Cleland still hadn’t ruled on a standing request by the defense to delay the trial beyond the June 5 start date.

The judge’s decision appears to have been a small victory for defense attorney Joe Amendola, who’d been trying for months to get any access to psychological evaluations. Amendola said he expects the prosecution to say alleged abuse caused the boys to develop emotional problems, and he wants to see if the evaluations will show they were troubled before they met Sandusky.

The attorneys in the case are subject to a gag order and can’t talk to the media.

Cleland made it clear in his order that no one other than Amendola and the defense team are to see the materials they’ll get.

In court Wednesday, Amendola promised to keep the information confidential, telling Cleland he’d destroy the records when he’s through with them.

Cleland’s order also directs:

u Juniata College to give the defense copies of a background check into Sandusky that it had done when he applied to be an assistant football coach in 2010. Amendola said he wants that to see what negative information about his client it included.

u The Second Mile to hand over records from any internal investigations into Sandusky’s conduct that prompted the complaints.

In court Wednesday, the attorney for the charity, Howard Rosenthal, said two of the young men objected to the defense getting Second Mile records.

Cleland ruled that the defense will get just the names of the guests at Sandusky’s retirement party but not their personal or financial information. Cleland denied parts of the subpoena that requested donor lists and other financial information.

u Keystone Central School District to turn over an investigation it did into a report by alleged victim No. 1 that someone from The Second Mile approached him in a bathroom at his school. School officials deemed it untrue.

u Keystone Central, Mifflin County and Bald Eagle Area to provide records having to do with alleged victims’ “behavioral health and school adjustment” as well as discipline records and anything that addresses psychological treatment, therapists’ opinions, observations, diagnoses and treatment alternatives unless they fall under patient privilege protection.

u Clinton County psychologist Michael Gillum to turn over similar records pertaining to alleged victim No. 1. His attorney argued on Wednesday that the records are protected by privilege, but Cleland said in his order that applies to communication with a patient, not opinions.

In a separate order, Cleland denied the defense’s request for grand jury materials, including releasing the testimony earlier than the 10 days already established. Cleland said that request must go to the judge overseeing the grand jury.