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Sandusky Case: Trial Postponed Until June, Prosecution Asks Judge Not to Honor Request for Dismissal

by on March 29, 2012 3:50 PM

UPDATED @ 10:30 p.m.

On Thursday afternoon, Judge John Cleland postponed the start of Jerry Sandusky's May 14 trial to June 5. The response by the Attorney General's office that asked the judge to deny Sandusky's request for all of his charges to be dropped was released soon after. 

On Thursday night, Sandusky's attorney, Joe Amendola, responded to that response. 

"We are continuing to review volumes of discovery materials we have recently received from the Attorney General's Office which are generating further discovery requests. We don't know if we will have all the information we need and are entitled to receive prior to the new trial date, but we will do our very best to be ready to proceed to trial on June 5," Amendola said in a statement. 

"The AG has conducted a three plus-year secret Grand Jury investigation in this matter. We've only had a couple of months since we received our first discovery materials in mid-January to begin preparing our defense," he said.

Amendola said he will comment further on the Attorney General's response on Friday. 

UPDATED @ 4:05 p.m.

The office of the Attorney General responded to Sandusky's request for all charges against him to be dropped and for the case  that has been postponed to June 5 from May 14  to be dismissed.

The prosecution also asked the court on Thursday to deny that request, among others.

On March 22, Sandusky's attorney, Joe Amendola, filed an Omnibus Pretrial Motion that said all 52 counts against Sandusky should be dropped and his case dismissed because of insufficient information submitted by the prosecution during the pretrial discovery proceedings.

In a 95-page document, Amendola said that because specific dates and times of alleged abuse by Sandusky were not provided, there is no way to build a proper defense.

The prosecution said in a 21-page document that "[w]e do not believe that it would serve the ends of justice to permit a person to rape and sexually abuse [a] child with impunity simply because the child has failed to record in a daily diary the unfortunate details of [his or her] childhood."

The Commonwealth asksed Judge John Cleland to deny Sandusky's requests to dismiss the case, for Habeas Corpus relief, and asks for a "modest continuance in this case" to be granted.

However, the prosecution says in the document that "it is specifically denied that the alleged unavailability of defendants Curley and Shultz could establish the basis for continuance in this matter." 

The prosecution also has asked that the court sequester the jurors, according to the document. Sandusky asked for the same. 

A hearing to address the request for dismissal is scheduled for 9 a.m. April 5 in Bellefonte at the Centre County Courthouse. Amendola said that he expects Sandusky to attend, given the importance of the hearing.

Earlier @ 3:45 p.m.

Jerry Sandusky's trial has been postponed until June 5, according to a judge's ruling Thursday.

Judge John M. Cleland wrote the trial must be postponed to "accommodate various logistical contingencies that have arisen."

Sandusky, 68, of College Township, is charged with 52 criminal counts in the child sexual abuse case. State prosecutors have identified 10 alleged victims. Sandusky has maintained that he is innocent. Jury selection for his anticipated trial was previously scheduled for May 14.

 

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