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Judge Unseals Transcript to Reveal Significant Evidence Not Used at Sandusky Trial

by on August 15, 2012 12:00 PM

According to a newly unsealed transcript from a June 26 hearing, there was a 'great deal' of 'incriminating evidence' prosecutors did not use against Jerry Sandusky at trial.

Protecting that evidence, prosecutors Joe McGettigan and Frank Fina told senior judges John Cleland and Barry Feudale, was pertinent to the "integrity of the process." They also said it was in the best interest of Sandusky that a protective order be issued so that no parties outside of the case accessed any material not made public during the June trial.

Such material includes information regarding victims who did not testify and other "highly incriminating information" also not presented at trial. 

Prosecutors cited wanting to protect victims' identities who did not testify as one of the reasons a protective order was necessary.

According to the transcript, unsealed by Cleland on Wednesday, Fina said:

"It also seems to me it's not in the interest of Mr. Sandusky and I'm in this very odd position here but I don't think – I can't imagine defense counsel would disagree with me on that this – is not in the best interest or Mr. Sandusky to have, you know, additional incriminating information being revealed to the public.

"I'm talking about incriminating information beyond that which was presented during the trial. There's a great deal of that in the discovery. Evidence that, for a variety of reasons, was highly incriminating against Mr. Sandusky." 

Fina said some of the instances that caused them to pursue a protective order includes when the Attorney General's office was contacted regarding Matt Sandusky's testimony, which was not used at trial. The Today Show played excerpts of it publicly. 

The Commonwealth also expressed concern over third parties having access to unused grand jury testimony. 

Cleland granted the protection order and initially sealed the transcript of the hearing. Counsel for Sandusky Karl Rominger filed an appeal because he said the court 'erred' in its issuing of the order

Sandusky, 68, is currently incarcerated at the Centre County Correctional Facility where he awaits sentencing pending the fulfillment of all necessary psychological testing. 

Sandusky was convicted on June 22 on 45 of 48 counts of sexually abusing 10 boys over a 15-year period that he met through his charity, The Second Mile. 

Laura Nichols is a news reporter and @LC_Nichols on Twitter.
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