Sandusky Case: Defense Asks for Dismissal of All Charges
May 16, 2012 11:22 AM
by Nate Mink
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Jerry Sandusky is asking a judge to dismiss all 52 criminal offenses he has been charged with in a child sex abuse case, citing a lack of specificity.

Sandusky’s lead defense attorney, Joseph Amendola, filed the pretrial motion Wednesday in Centre County Court.  The defense wants all 12 counts of criminal charges relating to alleged victim Nos. 9 and 10 tossed because the allegations are too general and not specific enough to adequately prepare a defense.

Additionally, it wants 26 offenses related to alleged victim Nos. 1, 3, 4, 5 and 7 dismissed for the same reasons — that the Commonwealth cannot pin down more exact details concerning times, dates and locations of the alleged sexual abuse.

Amendola also wants the charges stemming from the 2001 Lasch shower incident dropped because the Commonwealth has not identified the boy Sandusky was allegedly molesting in the shower and because Mike McQueary’s testimony from a December preliminary hearing would not establish enough evidence to warrant the charges.

McQueary testified at the preliminary hearing for Tim Curley and Gary Schultz in Dauphin County Court five months ago that he saw Sandusky directly behind a boy with his hands up against the wall. McQueary testified he did not see anal penetration but believed Sandusky was sexually assaulting the prepubescent boy.

Likewise, Amendola wants the charges relating to alleged victim No. 8 dropped because he also has not been identified by the Commonwealth, and the only purported eyewitness to that incident is a janitor named Jim Calhoun, who suffers from dementia and is unable to testify, according to the grand jury report.

The remaining charges relating to alleged victim No. 6 — the incident which sparked the 1998 Penn State Police investigation — should be tossed, Amendola wrote, because anticipated testimony will not establish any sexual contact occurred.

Sandusky's trial is scheduled to start June 5 with jury selection.

Also included in the motion is a request for the Commonwealth to provide the defense with a written statement outlining details, dates, and places of offenses against those not already listed in the criminal complaint. Amendola is asking for the written statement at least 30 days prior to trial. The trial is scheduled to start in 20 days.

As for the trial, the defense is asking Judge John M. Cleland, who is presiding over the case, to provide potential jurors with a supplemental questionnaire to make jury selection more efficient, private and honest.

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