The process for one of Jerry Sandusky’s defense attorneys to appeal the presiding judge’s protective order to find out who received materials related to the case has begun again.
On Monday, Karl Rominger refiled a document with his reasons for appealing Senior Judge John Cleland’s order two months ago.
Rominger filed a nearly identical pleading a month ago, but Cleland invalidated it because it didn’t follow the proper appeal procedure.
The matter goes back to an order Cleland imposed in June, an apparent move to stop the leaking of information in the case that wasn’t introduced during the two-week trial that resulted in guilty verdicts on 45 of 48 counts.
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Cleland said the defense attorneys were to give him and the supervising grand jury judge the discovery materials shared with those outside the case as well as the names of the people who received the materials.
That was to be under oath, but Rominger objected, filing an appeal in July. Prosecutors objected to the improper procedure, and the judge OK’d the prosecution’s request.
In the nearly identical filing on Monday, Rominger said the defense would be forced to give up “work product” that shows their thought processes and strategies.
He invoked the privilege that governs attorney-client communication.
At issue is likely a taped interview police had with Sandusky’s adopted son Matt, who alleged his adoptive father abused him years ago. The recording was leaked to NBC and reported during the trial.
Mike Dawson can be reached at 231-4616. Follow him on Twitter @MikeDawsonCDT