Wednesday, February 15, 2012

Sandusky pleased by grandkid visits, jury rulings (AP)

HARRISBURG, Pa. ? Jerry Sandusky says he's relieved and pleased that a judge is giving him permission to see his grandchildren as he awaits trial on child sex abuse allegations.

The former Penn State assistant football coach reacted on Monday to Judge John Cleland's ruling that lets him have contact with most of his grandchildren. Cleland also resolved other pretrial issues.

A release from Sandusky's lawyer's office says they're also happy with Cleland's denial of a request by the state attorney general's office that jurors be selected from outside the State College area.

Defense attorney Joe Amendola says they've always believed they'll be able to get a fair and impartial jury in Centre County.

Cleland says he hopes to start the trial in mid-May.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

The judge in Jerry Sandusky's child sex abuse trial on Monday granted the former Penn State assistant coach's request to have a jury composed of residents of State College and the surrounding area and gave him permission to visit with most of his grandchildren.

Judge John Cleland ordered the state attorney general's office to tell defense lawyers where and when the purported crimes occurred and how old the children were at the time.

The judge said jury selection will be a challenge, given the pretrial publicity and the special role that Penn State plays in the Centre County community.

"If, after a reasonable attempt it is apparent that a jury cannot be selected within a reasonable time, then I will reconsider this ruling," Cleland wrote.

Cleland encouraged state prosecutors to work with the judge who supervised a grand jury that investigated Sandusky to figure out how to release grand jury transcripts to Sandusky's lawyers "on a schedule which balances the appropriate interests of maintaining the secrecy of the grand jury while still assuring the trial can proceed without unnecessary disruption."

Sandusky faces 52 criminal counts for what prosecutors say was the sexual abuse of 10 boys over a 15-year period. He has denied the allegations.

Prosecutors had asked to have Sandusky, who is on home confinement as he awaits trial, ordered to remain indoors after they fielded concerns by neighbors about the safety of children, particularly at an elementary school behind Sandusky's house. Cleland denied that motion.

"No evidence was presented that at any time the defendant made any effort to contact any of the children by signaling or calling to them, or that he made any gestures directed toward them, or that he acted in any inappropriate way whatsoever," Cleland wrote.

Sandusky, 68, was granted the right to see adult visitors, as well as his grandchildren ? under their parents' supervision ? except for three grandchildren who are the subject of custody litigation. Cleland deferred visits with those children to the judge overseeing the custody case.

Sandusky was allowed to make up a list of up to 12 adults he would like to be able to see, subject to approval by the county officials overseeing his home confinement. He will be limited to a total of two hours of visits, three times a week.

Cleland, who has set a tentative trial date for mid-May, addressed disputes between the sides over material that should be turned over to the defense by directing prosecutors to put their objections in writing by Feb. 20. Sandusky's lawyers will be allowed to reply by Feb. 27.

Sandusky lost a request to force prosecutors to disclose the names, addresses and birthdates of witnesses.

Calls seeking comment weren't immediately returned by Sandusky attorney Joe Amendola or by a spokesman for the attorney general's office.

Also Monday, a Penn State administrator asked a judge to throw out charges that he lied to the grand jury investigating Sandusky and that he failed to properly report suspected child abuse.

Tim Curley filed motions in Dauphin County Court that argued the death of football coach Joe Paterno last month left prosecutors without a required second witness to support the perjury charge.

He said that allegations he didn't report suspected abuse in 2002 were filed under a revision of the law that was passed five years later and that the statute of limitations has expired. Prosecutors didn't respond to a request for comment.

The 57-year-old Curley is on leave as athletic director as he awaits trial. Former Penn State vice president Gary Schultz, who faces the same charges as Curley, has not filed similar motions. Both have denied the allegations.

Source: http://us.rd.yahoo.com/dailynews/rss/topstories/*http%3A//news.yahoo.com/s/ap/20120213/ap_on_sp_ot/us_penn_state_abuse

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