April 5th, 2012
04:07 AM ET

Sandusky due in court as lawyers seek to dismiss charges

Former Penn State assistant football coach Jerry Sandusky will be in a Pennsylvania courtroom Thursday as his lawyers argue that child sex abuse charges against him be dismissed.

Sandusky, 68, a longtime defensive coordinator for the Nittany Lions, faces more 52 counts involving sexual acts with 10 boys, dating back to 1994. Prosecutors allege he met some of the victims through a charity he created for underprivileged children.

Sandusky has pleaded not guilty, and remains under house arrest until his trial begins June 5.

Ahead of Thursday's hearing, Sandusky's lawyers filed a 95-page motion on March 22 that addresses several issues:

- The defense argues the allegations against Sandusky are so vague and non-specific that he cannot prepare and present a defense, which violates his right to due process.

- They say that in regard to some of the victims, prosecutors cannot establish sufficient proof; in some, the statute of limitations has run out.

- The defense also claims prosecutors have not turned over all the evidence. Once it is, the defense says it can lead to a revised motion to dismiss.

- They also say they need more time to prepare for the trial.

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Filed under: Crime • U.S.
soundoff (73 Responses)
  1. ron

    Really sad when his best line of defense is "the statute of limitations have run out". what- that means he's not still the perv he always was. Jerry, better pack your bags, you're goin on a very long trip.

    April 5, 2012 at 5:48 am | Report abuse |
  2. RON

    Every man is innocent until proven guilty...none argue this. Unless that 'man' be a very well known suspect like OJ Simpson? Usama Bin Laden? Two American citizens droned-down in Yemen? Check that. Most men are inncocent until proven guilty. My bad.

    April 5, 2012 at 6:17 am | Report abuse |
    • leeintulsa

      you do know simpson was found innocent, right? regardless of what the man on the street thought?

      and who cares what the man on the street thinks? i guess when everyone thinks you are a kook, you would want to control their thoughts.

      good thing we live in america, where we are free to think

      April 5, 2012 at 8:26 am | Report abuse |
    • BOMBO ©

      As for bin-Laden, the US did try repeatedly over the years to get the various Sudanese/Afghan/Pakistani governments to send him over to stand trial – and were always ignored or refused. But you may have conveniently forgotten that fact. As he was an ongoing threat to security in time of war it was certainly appropriate to kill him in the field.

      April 5, 2012 at 12:45 pm | Report abuse |
  3. Mary

    Statues of limitations doesn't run out on the victims/survivors and what they live with for the rest of their lives.

    April 5, 2012 at 7:04 am | Report abuse |
  4. Schoolmarm

    @Mary. *Statutes, not 'statues'.
    @ron. There is nothing in this story that would indicate Sandusky's "best line of defense" (as you say) is the statute of limitations running out. Everyone knows that his best line of defense if for his wife, Mrs. Sandusky , who had an affair with one of her husbands boyfriends, to keep her mouth shut about her husbands se xual orientation, thereby avoiding statutory raype charges.

    April 5, 2012 at 7:22 am | Report abuse |
  5. Bill

    Slumber party at Jerry's house tonight. Wooooohooooo

    April 5, 2012 at 7:24 am | Report abuse |
  6. banasy©

    I know that this is almost always a tactic of of the defense lawyer, that of trying to get the charges dismissed for one reason or another.
    That being said:
    1) If there wasn't enough evidence against him, the Grand Jury would not have indicted him; I'm sure that the Grand Jury knows the statutes, and
    2) the law needs to be changed. The statute of limitations should never run out in raype cases. Ever.

    April 5, 2012 at 8:10 am | Report abuse |
  7. Superman

    @@@banasy c you are damm good!!!!! Hey maybe that wisdom will rub off on me someday hopefully, but we are all innocent until guilty. Some day we will all be fighting to live in the prisons to be safe from the guilty, i just wish this country would do something to fix our legal system to keep the good safe

    April 5, 2012 at 8:25 am | Report abuse |
  8. Portland tony

    Guilty or innocent, every attorney has an obligation to fight for his client. That's what this is all about.

    April 5, 2012 at 8:35 am | Report abuse |
    • banasy©

      Exactly!

      April 5, 2012 at 8:42 am | Report abuse |
    • leeintulsa

      @portland tony: and they better, too, or they end up on a boat with robert deniro on cape fear..

      April 5, 2012 at 9:03 am | Report abuse |
    • banasy©

      @leeintulsa:
      How weird. I just saw the original with Robert Mitchum and Gregory Peck the other day...........

      April 5, 2012 at 9:09 am | Report abuse |
    • leeintulsa

      @banasy: i liked the original, too. but being a *huge* deniro fan, i'm more drawn to that one.

      April 5, 2012 at 9:51 am | Report abuse |
  9. Superman

    My comment is still awaiting moderation

    April 5, 2012 at 8:48 am | Report abuse |
    • the Moderator

      I'm moderating as fast as I can.

      April 5, 2012 at 12:48 pm | Report abuse |
  10. ron

    Beg to differ Schoolmarm, but if statute of limitation has indeed run out then a case against him is not possible regardless of proof or evidence supporting his guilt. No case-no verdict of guilt, therefore innocent by our law (until he is judged by his maker). So yes, in fact his best defense is indeed no case.

    April 5, 2012 at 9:40 am | Report abuse |
  11. ♔Mmmmm♕

    scandulous...double standards...church abuse
    allegations older than dirt itself are heard and ruled by the courts but Sandusky cannot be held accountable?!?!?! this reeks of conspiracy to me and maybe more about protecting the liabilities and torts of penn state than securing justice for the victims...!

    April 5, 2012 at 10:11 am | Report abuse |
  12. mike

    Sandusky's attorneys are doing what they are paid to do. Why are more recent victims not coming forward?

    Get Jason some remedial grammar coaching. His fractured English has no place on a global news channel. And if you don't know what I'm talking about go back to grammar school yourself.

    April 5, 2012 at 10:26 am | Report abuse |
  13. Mr Dalloway

    Everyone who knew about and failed to report it is just as disgusting.

    April 5, 2012 at 10:50 am | Report abuse |
  14. Mr Dalloway

    Are just as

    April 5, 2012 at 10:52 am | Report abuse |
  15. Philip

    @ Mike...err, 'mike'...his first victim's began making themselves known back in 1994. Since then, many have come forward, and the prosecuting attorney has settled on 10 as being sufficient to secure a conviction. Sandusky's attorneys are just hoping the don't add statutory raype charges...20 yrs. minimum.

    April 5, 2012 at 10:52 am | Report abuse |
    • leeintulsa

      @philip: you are kicking a dead horse.

      i just wasted half an hour of my life that i can't get back looking it up. federal sentencing guidelines make no mention of the seks of the offender or the victim regarding statutory, and pennsylvania precedent, from 2007, has a man accused by boys getting 52 to 105 years for just 4 boys.

      sandusky, if found guilty, will never see the outside of a prison again.

      what concerns me now is your obsession with talking about 'rayping' young boys..

      April 5, 2012 at 11:30 am | Report abuse |
    • banasy ©

      He cycles them much the way CNN cycles theirs...lol....

      April 5, 2012 at 12:25 pm | Report abuse |
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