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Sandusky Case: Defense Wants Grand Jury Evidence

by on May 09, 2012 9:43 AM

Updated at 3 p.m.

Jerry Sandusky and his defense team are asking a judge to direct the prosecution to immediately turn over Grand Jury evidence, including alleged victims' testimony.

Judge John M. Cleland previously said the defense would have the materials 10 days prior to trial, but the defense said that is not enough time.

Earlier Wednesday, Amendola asked to have the June 5 trial pushed back because the evidence to sift through was too voluminous.

Updated at 9:43 a.m.

Joe Amendola filed for a continuance in Jerry Sandusky's case Wednesday. 

The defense filed two motions Wednesday morning, just hours before the 1:30 p.m. hearing scheduled for all motions to quash subpoenas served by Amendola. 

In the first motion, Sandusky's attorney, Amendola, acknowledged the more than 100 pages of discovery material, a portable hard drive, four DVDs and six CDs worth of additional information from the prosecution.

Included in the information on the hard drive, DVDs and CDs is information taken from the Sandusky home computers, The Second Mile databases and phone records from a search of former Penn State football head coach Joe Paterno's office. 

Amendola said the defense does not have the necessary software at this time to access the information in the hard drive. According to the motion, obtaining the necessary equipment and software could cost more than $10,000.

The defense wants the prosecution to print out the information regarding the Sandusky home computers, The Second Mile data and the phone records taken from Paterno's office and hand it over, according to the motion.

Due to the amount of information, Amendola filed a second motion, asking for Judge John M. Cleland to grant a continuance of Sandusky's trial, scheduled for June 5, because of the significant and lengthy amount of time it will take to go through the new information and interview any potential new witnesses. 

Earlier, at 6 a.m.

The judge in the Sandusky case will hear each motion to quash subpoenas issued by the defense, which now total more than half a dozen, on Wednesday.

On April 27, the Attorney General's office said Jerry Sandusky's lawyer, Joe Amendola, was inappropriately using his subpoena power, something Amendola denied, both in a statement and in his own filed response.

On April 30, the Keystone Central School District filed a motion to quash the subpoena served by the defense, which was quickly followed up by the Mifflin County School District, the Second Mile, Juniata College, Clinton County Children and Youth Social Services, the Bald Eagle Area School District and the Centre County Children and Youth Services.

A 1:30 p.m. hearing is scheduled Wednesday at the Centre County Courthouse. The prosecution has until that time to turn over all discovery requests made by the defense. It can fight what it believes the defense is entitled to, but the Attorney General's office faced a few problems of its own this week.

First, it asked the court to amend the date of the alleged Lasch Building shower incident from 2002 to Feb. 9, 2001. Then, it inadvertently released the names of the alleged Victims 1-10. Judge John M. Cleland granted the motion to seal the document containing the names.

Jerry Sandusky will not be at the hearing, according to multiple reports. will be covering the hearing live. There's complete Sandusky scandal coverage here.

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