A judge sentenced Jerry Sandusky to spend the rest of his life in prison. But his attorneys vow to appeal.
After Tuesday's sentencing, Sandusky's attorneys immediately laid out their plan to appeal. They will focus on the convicted child molester's due process being violated.
When the judge handed down his sentence, he made sure it was long enough that Jerry Sandusky will never be a free man.
Immediately, his attorneys vowed to appeal saying they could get a continuance easier for a parking ticket than Sandusky's 52 counts of child sex abuse.
Korey Leslie, a York attorney who has followed the Sandusky case, agrees it's a strong tactic for appeal but doesn't think it will work.
“He has a wonderful argument because this trial was pushed through very quickly,” explained Leslie. “I'm surprised the judge wasn't more lenient in giving defense time to prepare, but that is his discretion “
To begin the appeals process, defense attorneys will file a motion within ten days. Judge John Cleland will have to schedule a hearing and response within 120 days.
“For whatever reason he reversed and said there was a trial error, he could reverse himself and grant retrial,” Leslie stated. “It is high unlikely, also unlikely he would change the sentence.”
Sandusky could be kept in the Centre County Prison until the issue is settled at this level. He would only be moved to Camp Hill Prison once the defense would file an appeal to superior court.
There it would have to be decided Judge Cleland abused his discretion in denying the delay for Sandusky to get any relief.
After Tuesday's sentencing, Sandusky's attorneys immediately laid out their plan to appeal. They will focus on the convicted child molester's due process being violated.
When the judge handed down his sentence, he made sure it was long enough that Jerry Sandusky will never be a free man.
Immediately, his attorneys vowed to appeal saying they could get a continuance easier for a parking ticket than Sandusky's 52 counts of child sex abuse.
Korey Leslie, a York attorney who has followed the Sandusky case, agrees it's a strong tactic for appeal but doesn't think it will work.
“He has a wonderful argument because this trial was pushed through very quickly,” explained Leslie. “I'm surprised the judge wasn't more lenient in giving defense time to prepare, but that is his discretion “
To begin the appeals process, defense attorneys will file a motion within ten days. Judge John Cleland will have to schedule a hearing and response within 120 days.
“For whatever reason he reversed and said there was a trial error, he could reverse himself and grant retrial,” Leslie stated. “It is high unlikely, also unlikely he would change the sentence.”
Sandusky could be kept in the Centre County Prison until the issue is settled at this level. He would only be moved to Camp Hill Prison once the defense would file an appeal to superior court.
There it would have to be decided Judge Cleland abused his discretion in denying the delay for Sandusky to get any relief.