A judge won’t rule on another judge testifying in Jerry Sandusky’s quest for a new trial until other judges weigh in.
In a ruling dated Friday, but appearing on the Centre County website Monday, McKean County Senior Judge John Cleland, specially presiding in the Sandusky case, filed an order delaying a decision.
Barry Feudale, the former judge who presided over the grand jury that returned Sandusky’s indictment in 2011, was subpoenaed to testify in the retired Penn State defensive coordinator’s Post Conviction Relief Act petition. Sandusky’s attorneys want to use him to speak to the problem of leaks. Feudale was removed from his judgeship in 2015 by the state Supreme Court.
Feudale had previously been removed from presiding over grand juries. Allegations of leaks in the grand juries have been a recurring theme in recent years, with Attorney General Kathleen Kane now facing charges of violating grand jury secrecy. Sandusky’s attorneys allege leaks in his case as well.
Feudale filed a motion, saying he believed he could not testify, but asking that his testimony be delayed until his lawyer was available. That appearance was rescheduled.
Cleland’s latest order kicks the can on his decision, saying he was waiting “pending ruling by the Supreme Court of Pennsylvania and Judge (Norman) Krumenacker regarding motions to unseal various grand jury materials.”
Last week, The Associated Press and the Legal Intelligencer asked to have grand jury information unsealed in the cases against former Penn State president Graham Spanier, former vice president Gary Schultz and former athletic director Tim Curley.
Sandusky was convicted in 2012 of 45 counts of various child sex abuse crimes. He is serving a 30- to 60-year sentence at Greene state prison in Waynesburg.