Former Penn State football coach Jerry Sandusky’s lawyer, Norris Gelman, argued in a Wilkes-Barre, Pa. courtroom on Sept. 17 that Sandusky, convicted in June 2012 on 45 counts of child sexual abuse for molesting 10 boys over 15 years, should be awarded a new trial “because the judge made several errors, including one that left the defense ‘flying blind’ at the trial."
According to Reuters, attorney Gelman argued that the trial judge hearing Sandusky’s case failed to inform and instruct the jury that the boys filing charges against Sandusky “did not make a ‘prompt report’ of their sexual abuse.”
It is true that some of the boys did not report their abuse at the hands of Jerry Sandusky for more than 10 years after the abuse occurred.
However, Superior Court Judge William Platt who sat on the appeals panel noted that the "prompt report" legal argument does not apply to children or people without the capacity to make a prompt report.
Sandusky’s attorney also argued that the defense team only had six weeks to review 12,000 pages of materials submitted by the prosecution before the trial was scheduled to begin. Attorney Gelman contends that the defense did not have adequate time to review those materials before the trial got underway.
"We were flying blind," Gelman said.
It was noted by the Pa. Chief Deputy Attorney General, James Barker, that the defense “"never asked for a mistrial’ during the trial, a textbook move by the defense when there are grounds to believe their client's rights have been violated.”
It might be several months before we hear whether or not the court decides to award Jerry Sandusky a new trial in his child sexual abuse case.
Sandusky is currently serving 30 to 60 years in state prison after being convicted on those 45 counts of child sexual abuse. Much of Sandusky’s time behind bars is being spent in solitary confinement.
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