Barry Feudale doesn’t want to come to Bellefonte on Friday.
The former judge who presided over the grand jury that recommended charges against retired Penn State defensive coordiantor Jerry Sandusky filed documents in Centre County court Tuesday.
Sandusky’s attorneys submitted a witness certification for Feudale and served a subpoena upon his home. Sandusky is pursuing a Post Conviction Relief Act petition, looking for a new trial in his child sex abuse crimes case. The former coach was convicted in 2012 of 45 of 48 counts in one of the largest and most publicized trials in Centre County history.
Feudale’s attorney, Samuel Stretton, said that testifying would violate the secrecy of the grand jury.
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“There is absolutely no way that Judge Feudale could testify in a PCRA proceeding and not touch on grand jury material,” Stretton wrote.
According to the new document, Feudale signed a secrecy oath in front of Judge Norman Krumenacker in January.
Sandusky attorney Al Lindsay said repeatedly in arguments in front of McKean County Senior Judge John Cleland on May 2 that he could not explain several points Cleland wanted clarified about potential testimony from multiple witnesses because of an order from Krumenacker.
Feudale, who became embroiled in controversy with Attorney General Kathleen Kane, was removed as a grand jury judge in 2013 and had his senior judge status revoked in 2015. Kane accused him of inappropriate behavior including bringing a knife into her office.
Additional arguments in Sandusky’s case are slated for Friday. Feudale said his attorney will be out of town that day and asked that, due to the secrecy arguments, he be allowed to reschedule any testimony to have his attorney present.