Updated at 2:45 p.m. May 4
Add Clinton County Children and Youth Services and Bald Eagle Area School District to the list of those looking to quash the subpoenas issued by defense attorney Joseph Amendola.
Subpoenas were issued to Gerald Rosamilia, director of CYS in Clinton County and Michael Gillum, the psychologist for Clinton County Counseling Services who examined alleged victim No. 1.
But CYS is arguing the defense already has the information regarding alleged victim No. 1 that it is permitted to release, and a psychologist cannot be examined without written consent of the client.
Elsewhere, Bald Eagle Area School District is looking to quash five subpoenas — issued for records regarding alleged victim Nos. 3, 4, 7 and 10 and to Superintendent Daniel Fisher. Bald Eagle is citing the Family Education Rights and Privacy Act and the Health Insurance Portability and Accountability Act in its motion to quash.
On Thursday, Judge John A. Cleland denied the Commonwealth’s request to stop subpoenas Amendola served to police, The Second Mile and several schools.
Keystone Central in Clinton County, Mifflin County schools and Juniata College also issued motions to quash the subpoenas. Cleland will hear arguments regarding individual schools at Wednesday’s hearing in Bellefonte.
Earlier at 1:30 p.m. May 3
Judge John M. Cleland ordered Thursday the prosecution must turn over all materials the court directed it to by May 9 and he denied the Commonwealth’s request to restrict Amendola’s subpoena power.
Unresolved discovery disputes will be addressed at Wednesday’s hearing.
Earlier at 11:45 a.m.
There’s supposed to be a trial on June 5 for Jerry Sandusky, but his attorney, Joe Amendola, says he still doesn’t have enough information to build a solid defense.
Meanwhile, a fourth motion to quash a subpoena served by the defense was filed on Thursday.
Amendola submitted his second motion to compel the Commonwealth to provide the defense with requested discovery materials.
The defense asked the court to “enter an order directing the Commonwealth to provide defendant’s counsel with full, complete, and non-redacted copies of these materials pursuant to his request contained in defendant’s first request for pre-trial discovery material, along with all supplemental reports and attachments related thereto.”
Amendola has received some of the names and addresses of the alleged victims, which he requested, but in his motion maintains that key information is still missing for his team to build a solid defense for Sandusky. This information includes birthdates of alleged victims and names, addresses, and telephone numbers of anyone else who may have been interviewed by the prosecution.
The motion also is looking for more information on the victims and any evidence or information on investigations based on their accusations.
He also asks for all documents, records, reports and files in the prosecution’s possession to which the defense has not had access.
At an April 5 hearing, Judge John M. Cleland said that due to the still-going grand jury investigation into the events that led to Sandusky’s charges, the trial had to be pushed back because of the amount of information that could still be discovered.
Juniata College also filed a motion Thursday to quash the subpoena it was served by the defense, citing the defendant’s failure to “articulate a foundation as to the reasonableness, materiality and justicability of the subpoena.”
The college asked Sandusky to submit to a background check when he applied for a job in May 2010.
Previously, the Keystone Central School District, the Mifflin County School District and The Second Mile all have asked for the court to quash subpoenas, citing private records.
The defense is seeking records related to Victim 1 from Keystone Central School District and records related to Victim 9 from Mifflin County School District.
Prosecutors have said that Amendola is inappropriately using his subpoena power, something he has denied, both in a statement last week and in a 21-page document filed Thursday. Amendola said it was necessary to issue the subpoenas in an attempt to get the information he needed.
Sandusky, Penn State’s former defensive coordinator, faces 52 counts of child sexual abuse. He maintains his innocence.
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