The judge in the Jerry Sandusky case has thrown out the former coach's hopes for an appeal. But this is not the last chance for Sandusky to appeal. In a nearly 30 page order, the judge outlined why he does not believe the former coach should be granted a new trial.
Shooting down Sandusky's attorneys argument that they weren't given enough time to prepare for trial, Judge John Cleland summarized, "there was, in other words, no prejudice to the defendant by denying defense counsel's motion for a continuance."
The 27-page ruling outlines the judge's decision to deny the post-sentencing motions.
The judge also says he will not throw out the charges regarding victim 8. The defense, through trial and in the appeal, argued testimony from a janitor who was told by a fellow janitor about witnessing Sandusky sexually abuse a boy in a shower, should not have been allowed.
The defense said it was a mistake by Cleland to permit the jury to hear him on the stand. Cleland stuck by his decision and said even if the counts were thrown out, the other evidence was so overwhelming this one decision would have changed his sentence.
Sandusky is locked up in a Greene County Prison, serving a 30-60 year sentence. Sandusky's lawyer is already vowing to appeal to mid-level superior court. That appeal would have to happen within 30 days.
________________________________________________________________________________________
On Wednesday in Centre County, Judge John Cleland denied Jerry Sandusky's appeal.
Cleland issued a 27 page order that said Sandusky's lawyers conceded that their post-trial review turned up no material that would have changed their strategy. He also rejected post-sentencing motions regarding jury instructions, hearsay testimony and other matters.
Sandusky lawyer Norris Gelman says the decision means the defense will appeal to mid-level Superior Court within the next 30 days.
(The Associated Press contributed to this report.)
Shooting down Sandusky's attorneys argument that they weren't given enough time to prepare for trial, Judge John Cleland summarized, "there was, in other words, no prejudice to the defendant by denying defense counsel's motion for a continuance."
The 27-page ruling outlines the judge's decision to deny the post-sentencing motions.
The judge also says he will not throw out the charges regarding victim 8. The defense, through trial and in the appeal, argued testimony from a janitor who was told by a fellow janitor about witnessing Sandusky sexually abuse a boy in a shower, should not have been allowed.
The defense said it was a mistake by Cleland to permit the jury to hear him on the stand. Cleland stuck by his decision and said even if the counts were thrown out, the other evidence was so overwhelming this one decision would have changed his sentence.
Sandusky is locked up in a Greene County Prison, serving a 30-60 year sentence. Sandusky's lawyer is already vowing to appeal to mid-level superior court. That appeal would have to happen within 30 days.
________________________________________________________________________________________
On Wednesday in Centre County, Judge John Cleland denied Jerry Sandusky's appeal.
Cleland issued a 27 page order that said Sandusky's lawyers conceded that their post-trial review turned up no material that would have changed their strategy. He also rejected post-sentencing motions regarding jury instructions, hearsay testimony and other matters.
Sandusky lawyer Norris Gelman says the decision means the defense will appeal to mid-level Superior Court within the next 30 days.
(The Associated Press contributed to this report.)