Sunday, April 1, 2012

Prosecutors Call For Delay of Game in Sandusky Trial - Child Abuse ...

Judge John Cleland approved a three-week delay in the Jerry Sandusky trial today. The move was made to allow more time for investigation and pretrial legal maneuvering.

In addition to the delay, the prosecution filed a response to last week?s pretrial motion filed by the defense. In their motion, the defense claimed that witness Mike McQueary?s testimony about walking in on Sandusky having sex with a young boy in 2002 was insufficient to prove guilt.

The prosecution retorted with ?[t]he defense appears to argue that an eyewitness who sees an adult man having sex with a child cannot provide sufficient evidence of the conduct of crimes. It is noteworthy that the defense provides no legal support for such a specious assertion.? (Well played, Chief Deputy Attorney General Frank Fina.)

The prosecutor pointed out what may have been a strategic blunder by the defense. Though we have no way of knowing how they decided on strategy behind closed doors, the defense waived the pretrial evidentiary hearing. That hearing ensures that the prosecutor has enough evidence to possibly obtain a guilty verdict. It prevents abuse of the justice system and allows the defendant to know what he will be facing at trial.

Many of the claims made by the defense in the motion last week were contesting evidence. Since Sandusky waived the evidentiary hearing, it is odd that he is arguing against the sufficiency of the evidence now. When the Sandusky legal team waived the hearing, they admitted the sufficiency of the evidence. It is likely that they waived the hearing hoping to avoid publicity, and now are trying to sneak motions in through the back door.

With the prosecutor?s investigation continuing, and motions flying back and forth, expect many more hearings and arguments like this in the coming weeks, and even through the entire Jerry Sandusky trial. Barring further delay, the trial should start in early June.

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