Sandusky waives preliminary hearing on child-sex-abuse charges

December 14, 2011|By John P. Martin, Jeremy Roebuck, and Jake Kaplan, Inquirer Staff Writers
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  • Swarms of reporters gather at the Centre County Courthouse. Ex-Penn State coach Jerry Sandusky waived his hearing on sex-abuse charges. "There will be no plea negotiations," his lawyer said. "This is a fight to the death." Arraignment is Jan. 11.
  • Swarms of reporters gather at the Centre County Courthouse. Ex-Penn State coach Jerry Sandusky waived his hearing on sex-abuse charges. "There will be no plea negotiations," his lawyer said. "This is a fight to the death." Arraignment is Jan. 11. (DAVID SWANSON / Staff Photographer )
  • Former Penn State coach Jerry Sandusky is escorted into court. His attorney called waiving the preliminary hearing on child-sex-abuse charges "a tactical measure." (DAVID SWANSON / Staff Photographer )
  • Sandusky with his wife: "We fully intend to put together the best possible defense . . . for four full quarters." (DAVID SWANSON / Staff Photographer )

BELLEFONTE, Pa. - Jerry Sandusky on Tuesday unexpectedly waived a preliminary hearing on charges he molested 10 boys, a last-minute decision that drew gasps from a packed courtroom and stirred new questions about how and when his case might end.

Sandusky's lawyer, Joseph Amendola, said the former Pennsylvania State University coach still planned to fight the charges at trial next year.

Amendola said Sandusky decided late Monday to forgo the hearing because he saw no benefit in a proceeding at which most, if not all, of his accusers would have testified, but he would not be allowed to present a defense.

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"Realistically," Amendola told reporters, "all that would have done [was] reinforced what you already believe: that Jerry Sandusky is guilty."

Though not uncommon, the waiver was another jaw-dropping development in a case that has led school officials to oust head football coach Joe Paterno and university president Graham B. Spanier, stirred a half-dozen investigations, and unleashed unending scrutiny on the university. Some attorneys involved in the case said the sudden decision to waive the hearing suggested the first step in a possible plea bargain.

For weeks, Sandusky and his lawyer have publicly proclaimed his innocence. Amendola repeatedly said he looked forward to confronting the accusers at the hearing, and predicted that at least half might dispute the abuse allegations outlined in a grand jury report.

At least 11 witnesses were prepared to testify, according to Senior Deputy Attorney General E. Marc Costanzo.

They included not only the young men who say Sandusky sexually abused them starting in the mid-1990s, but also Mike McQueary, the former graduate assistant who told the grand jury he saw Sandusky raping a boy in the football team's locker-room shower in 2002 and reported the incident to Paterno.

Prosecutors and Amendola have not discussed a plea, Costanzo said, but Sandusky's willingness to forgo the hearing "helps the prosecution in a lot of ways," including by sparing witnesses the spotlight.

None has been publicly identified in court filings, and it was unclear if any would be named in open court. But, Costanzo said, "not having to go through the pain and suffering that's brought by a case like this, I think, is an important factor to consider."

Still, the waiver sparked outrage from victims and their lawyers, who accused the coach and his attorney of gamesmanship.

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