The Office of the Attorney General doesn’t think Jerry Sandusky should be able to ask for discovery in his recent petition.
Sandusky is pursuing an appeal under the state’s Post Conviction Relief Act, requesting a new trial. As part of that, he has submitted a list of requests to have information turned over or to be allowed to issue subpoenas for depositions.
On Thursday, Deputy Attorney General Jennifer Peterson submitted a response in Centre County Court.
“Despite his protestations to the contrary, it should be remembered that Sandusky no longer enjoys the benefit of the presumption of innocence,” Peterson wrote.
Sandusky, a retired Penn State defensive coordinator, was convicted of 45 of 48 counts related to child sexual abuse allegations in June 2012.
“At this juncture, the burden rests squarely on Sandusky’s shoulders to prove that he is entitled to discovery. A review of his latest motion, however, reveals a mere juxtaposition of speculation and emotional appeal rather than a solid foundation to support his requests,” Peterson wrote.
Sandusky has continued to assert his innocence throughout his appeals and incarceration at Greene state prison.
His attorney, Alexander Lindsay, of Butler, submitted a laundry list of requests including depositions of investigators, officers who conducted interviews, prosecutors and others, as well as documents like agreements between the victims and their attorneys.
Peterson argued that the request is tantamount to allowing Sandusky to conduct his own pre-hearing.
“Indeed, the fact that Sandusky is even submitting such a request underscores and highlights that he is still searching for evidence to support his self-serving narrative on appeal, namely, that the prosecutors engaged in misconduct,” she wrote.
Lindsay submitted in his filing issues with the prosecution including grand jury leaks and potential trial testimony of a witness.
“Sandusky’s theory, which is only supported by his own wishful interpretation, is that the prosecutor lied to the jury” in his closing arguments, Peterson wrote, asking that McKean County Senior Judge John Cleland, specially presiding over Sandusky’s criminal case in Centre County, deny the request.
Sandusky will appear in Centre County on Oct. 29 for a hearing on the PCRA.