Pa. amends Sandusky charges, doesn’t add or withdraw counts

Posted: May 20, 2012

HARRISBURG — State prosecutors on Friday added details in court documents about the criminal allegations against former Pennsylvania State University assistant football coach Jerry Sandusky, but did not add to or withdraw any of the 52 counts he faces.

The changes included identifying locations of alleged sexual abuse, including the Sandusky home in State College, university facilities, and hotels. In several cases, time frames were changed.

Chief Deputy Attorney General Frank Fina wrote that Sandusky’s legal team had been provided with extensive pretrial discovery that should satisfy concerns about proper notice or due process that might otherwise arise when a charging document is amended.

Fina said Sandusky’s lawyer was notified May 11 about the proposed changes and did not object. Reached by phone late Friday, Sandusky lawyer Joseph Amendola declined to comment, citing a gag order in the case.

Court documents were also amended on May 8, when Judge John Cleland granted a prosecution request to change the date of a key allegation against Sandusky from March 2002 to February 2001. That incident is the alleged sexual attack by Sandusky on a boy, known as Victim 2, in football-team shower area. Mike McQueary, who was then a graduate assistant, has testified he witnessed that incident.

In the new revisions, one document for so-called Victim 1 has added that the allegations include oral sex and that the locations included Sandusky’s home, a State College hotel, and Central Mountain Middle School. For the boy described as Victim 4, new court papers spell out that the allegations include oral and anal sex, and that there were more than 50 “occurrences.”

The dates of alleged offenses involving Victim 7 were changed from “between approximately 1996 and 1999” to “various dates between September 1995 and December 1996.” For Victim 10, the dates changed from “between summer 1997 and 1999” to “various dates between September 1997 and July 1999.”

The amended court papers indicate that both Victim 2, in the incident that McQueary has said he witnessed, and Victim 8, a boy allegedly seen by a janitor being molested by Sandusky, remain unidentified by prosecutors.

The date of the Victim 8 allegation was also modified, from “a Thursday or Friday evening in November of 2000” to “between the dates of Nov. 20 and Nov. 27, 2000, Thursday or Friday evening, on a weekend when the football team had an away football game.”

Sandusky, 68, awaits trial in connection with the alleged sexual abuse of 10 boys over 15 years, allegations he has repeatedly denied. He is confined to his home to await trial, scheduled to begin with jury selection on June 5.

Cleland did not rule Friday on Amendola’s motions seeking dismissal of charges and asking for a delay in the start of the trial.

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