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Sandusky's lawyers seek new trial before Pa. court - abc27 WHTM

Sandusky's lawyers seek new trial before Pa. court

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WILKES-BARRE, Pa. (WHTM) -

Lawyers for Jerry Sandusky have challenged his child sexual abuse conviction before a state appeals court.

The former Penn State assistant football coach wants Superior Court to overturn his 30- to 60-year state prison sentence for molesting 10 boys and grant him a new trial.

Sandusky lawyer Norris Gelman argued before a three-judge panel Tuesday that the defense did not have enough time to prepare for last year's trial, and that Judge John Cleland made a mistake when he allowed a janitor to give hearsay testimony about a 2000 shower incident.

Sandusky's attorneys also claim that prosecutor Joseph McGettigan in his closing argument improperly commented on Sandusky's failure to testify by referring to a television interview he gave before the trial.

The attorneys further maintain that Cleland misled the jury when instructing them that Sandusky's character evidence should be weighed along with all other evidence in the case.

The attorneys say the judge was also wrong to deny a defense-requested instruction that jurors, when assessing the credibility of the accusers, could consider their failure to report the abuse promptly.

Superior Court Judge Jack Panella pointed out that Sandusky attorney Joe Amendola has said he would not have changed anything in the way he presented his defense if he had been given more time.

Prosecutors in their rebuttal said the defense never objected to the jury instructions during trial.

The judges did not indicate when they will issue their ruling.

Sandusky did not attend the hearing in Wilkes-Barre.

His lawyers filed the appeal before Superior Court after Cleland rejected their arguments earlier this year.

 

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