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Sandusky Case: Different Judge Orders Release of Documents from Probation and Parole Department

by on May 17, 2012 3:40 PM

Updated at 5:03 p.m.

Centre County President Judge Thomas Kistler authorized the Centre County Probation and Parole Department to release certain records from their juvenile file pertaining to Victim 4. 

The records to be released include: 

  • Allegations, complaints and related police reports
  • Court orders
  • Court appearance sheets and juvenile tracking forms;
  • Social cases with attachments not including private forms, such as behavioral reports;
  • Supervision plans and conditions of in-home detention;
  • Memos to the court, such as contempt of court;
  • Restitution claim forms, insurance company documents;
  • Central Counties Youth Center Weekly Behavioral Report
  • OTN data sheet;
  • Praecipe - Satisfaction
  • Centre County Juvenile case closing report

Some specified items ordered to be withheld include behavioral reports, psychological evaluations and individual education plans, drug and alcohol treatment reports and evaluations and any internal notes exchanged between staff on the Centre County Probation and Parole Department.

Earlier at 3:40 p.m.

Joe Amendola filed a brief in support of his May 10 motion for continuance and urged the court to grant its request, though Judge John Cleland has yet to acknowledge the motion. 

In a 34-page document, Amendola re-hashed the reasons why his client, Jerry Sandusky, is not able to prepare an adequate defense based on the information he has so far been provided by the prosecution. 

The newest information reveals Amendola issued subpoenas to Verizon, Verizon Wireless, AT&T, Nextel/Sprint and T-Mobile to obtain phone records of the alleged victims. So far, only Verizon has given a partial response.

Amendola wrote that the alleged victims had contact with one another outside of The Second Mile, where they may have met. Records could show that the individuals together conspired against Sandusky, who has maintained his innocence. 

The defense stands by its request for dismissal of all the criminal charges against Sandusky, who is facing 52 counts of child sex abuse. Amendola wrote that the alleged contact between Sandusky and Victims 1-10 are too general and non-specific to build any reasonable defense against. 

Amendola wrote specifically about Victim 8, saying that because the Commonwealth has not identified the individual and the only eyewitness is not available, any attempt by the prosecution to present evidence having to do with Victim 8 against Sandusky will be viewed by the defense as impermissible hearsay.

The defense said the Commonwealth cannot support its case against Sandusky based on the testimony of Mike McQueary alone, who testified before the grand jury that he witnessed the alleged shower incident in the Lasch Building. The prosecution requested the date of the alleged incident between Sandusky and a minor be amended from 2002 to Jan. 9, 2001. 

Amendola maintains testimony from Tim Curley and Gary Schultz is imperative, but because the former Penn State administrators are pursuing the dismissal of the perjury charges against them, they plan to invoke their fifth amendment rights in the event that they are called to the stand during Sandusky's trial.

Currently, the trial is still scheduled to start on June 5. Jury selection is expected to last about two weeks. 

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