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Cleland Dismisses Sandusky Defense Request; Amendola to Pursue Dismissal of Charges

on March 13, 2012 12:52 PM

UPDATED @ 12:52 p.m. March 13: In light of Judge Cleland's decision Tuesday, Jerry Sandusky's lead attorney, Joseph Amendola, plans to seek dismissal of all charges against his client, Amendola said Tuesday afternoon.

Amendola said Monday that the state prosecution should provide more pre-trial information if Sandusky is to be afforded his constitutional right to due process.

Earlier, detailed coverage is posted below and in this Monday report.

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Earlier report, posted @ 11:24 a.m. March 13:

Judge John M. Cleland "dismissed as moot" Tuesday a defense request for more pre-trial information in the Jerry Sandusky criminal case.

Sandusky's lead attorney, Joseph Amendola, argued in court Monday that state prosecutors should provide the defense a better sense of when and where Sandusky's alleged sexual crimes occurred.

But the prosecution, represented by Joseph McGettigan, said a number of the alleged victims have somewhat-imprecise memories, damaged partly by the passage of time and the nature of the offenses.

In his ruling Tuesday, Cleland wrote that the state has some latitude since the "alleged crimes involve sexual offenses against" children.

He underscored the prosecution argument that "it cannot provide further details beyond what it has already supplied in its (pre-trial) Bill of Particulars" for the defense. "Therefore, any order directing the commonwealth to supply details would be a futile act since the commonwealth has explained it cannot supply the details requested."

The complete text of Cleland's ruling is available via the Centre County website. A report from the Monday hearing is posted here.

Sandusky, 68, of College Township, is a former Penn State football coach. He is charged with 52 criminal counts in the child-sexual abuse case. Jury selection for an anticipated trial is scheduled for May 14.

Additional earlier coverage is available via the page linked below.

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