Sandusky Back in Court, Says Trial Wasn't Fair

Court to hold new hearing today to see if re-trial needed

By Matt Cantor,  Newser Staff

Posted Jan 10, 2013 6:45 AM CST

(Newser) – Jerry Sandusky was sentenced months ago, but hearings in the Penn State abuse case aren't over. Today, the court will hear lawyers debate the fairness of the trial, the AP reports. Calling for a new trial, Sandusky's team holds that it wasn't afforded enough preparation time. Defense lawyers must make "reasonable investigations," the attorneys say. "Given the vast amount of material the prosecution turned over at the 11th hour, it is clear counsel could not come close to fulfilling this obligation."

But prosecutors say Sandusky and his lawyer knew of a sexual assault report as far back as 2008. The former coach "identifies not a single act that counsel could have performed or a single piece of information that would have been learned with more time before trial that would have had any impact whatsoever on the jury's consideration of the evidence," which hinged on witnesses' credibility, a prosecutor notes. The defense takes issue with several other aspects of the case, including a janitor's hearsay testimony and the vagueness of some charges.

In this Dec. 13, 2011, file photo, Jerry Sandusky walks with his attorney Joe Amendola, center right, as he leaves the Centre County Courthouse in Bellefonte, Pa.
In this Dec. 13, 2011, file photo, Jerry Sandusky walks with his attorney Joe Amendola, center right, as he leaves the Centre County Courthouse in Bellefonte, Pa.   (AP Photo/Gene J. Puskar, File)
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