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Karl Rominger: The Court 'Erred' in Imposing Protective Order

by on August 13, 2012 12:09 PM

Karl Rominger, co-counsel for Jerry Sandusky, explained why he filed an appeal of the protective order intended to keep all parties involved with Sandusky's trial from sharing with outside parties any information not presented at trial. 

In documents filed Monday, Rominger said the court "erred" in entering the order, which was signed by Judge John Cleland on June 26.

Rominger cited reasons being that the order went beyond the parameters agreed upon at the hearing when it ordered the defense to certify under oath to whom they delivered discovery material. That was not part of the protective order to which the defense agreed, Rominger said. 

Cleland ordered the defense to turn over information that Rominger called "work product," which he said forces counsel to "divulge ... thought processes and/or strategies insomuch as they may be gleaned by the court or any opposing party who views them.

According to court documents, this is an invasion of privacy, or as Rominger wrote, an invasion of "the province of attorney work product."

Because there was no protective order already in place barring either party from discussing information not presented at trial with outside parties, such as the media, Rominger said the court cannot retroactively impose the order to glean discovery material. 

Rominger claims in his statement that the order is one-sided, saying the Attorney General's office may find it advantageous. 

"Presumably the Commonwealth could use that forum to shelter any embarrassing disclosures or wrong doing from the public eye, which creates a perception of unfairness and lack of public scrutiny," Rominger wrote. 

Sandusky, 68, is incarcerated at the Centre County Correctional Facility while he awaits sentencing pending the fulfillment of all necessary psychological examinations. He was convicted on June 22 on 45 of 48 counts of sexually abusing 10 boys over a 15-year period.

Related coverage: 

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