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Sandusky Resentencing Hearing Delayed

by on November 07, 2019 11:09 AM

Jerry Sandusky's resentencing for his child sexual abuse convictions has been delayed two weeks.

Specially-presiding Judge Maureen Skerda on Thursday granted a motion for continuance, rescheduling the hearing for Nov. 22.

Sandusky was scheduled to be in Centre County Court on Friday for a resentencing hearing, but defense and prosecution attorneys filed a motion on Wednesday asking for more time to review pre-sentence investigation reports and other documents and to submit arguments about whether Sandusky should be designated a sexually violent predator.

Pennsylvania Superior Court in February denied Sandusky's request for a new trial, but ruled that mandatory minimums were improperly applied when the former Penn State football assistant coach and Second Mile charity founder was sentenced to 30-60 years in state prison following his conviction on 45 counts of child sexual abuse in 2012.

The case was returned to Centre County Court for resentencing, which was originally scheduled for September but delayed when then-presiding Judge John Foradora, of Jefferson County, recused himself from the case, citing an unrelated but unspecified recent action by the state attorney general's office.

Skerda, president judge of the Warren-Forest County Court of Common Pleas, subsequently was assigned to handle the case.

After the state Supreme Court declined in July to hear Sandusky's request for a new trial, his attorneys filed an appeal in federal court. They have asked for a new trial or for Sandusky to be released from prison, arguing that his constitutional rights were violated before, during and after his trial. They asked that the motion for a writ of habeas corpus be held in abeyance until the resentencing was resolved.

U.S. Magistrate Judge Joseph Saporito Jr. issued a recommendation in response that said because Sandusky is now in custody awaiting a sentence and not because of a sentence, the federal court does not yet have jurisdiction and the request is premature.

Sandusky, 75, is currently housed at SCI-Laurel Highlands in Somerset County. He is expected to be present for the resentencing hearing.

It remains unclear if his sentence will change in any substantial way.



Geoff Rushton is managing editor for StateCollege.com. Contact him at [email protected] or find him on Twitter at @geoffrushton.
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