HARRISBURG, Pa. (AP) — The lawyer for former Penn State assistant football coach Jerry Sandusky defended his use of subpoenas Thursday, saying they may help counter claims that his client caused psychological problems among the alleged victims.
Defense attorney Joe Amendola said the information he seeks could show that the children had been diagnosed prior to the alleged abuse. He also asked the judge to order prosecutors to provide more documents and other information as he prepares for trial next month on child sex-abuse charges.
In a pair of legal filings, Amendola responded to attacks by the attorney general’s office and others to his subpoenas, saying he needs the resulting information to prepare Sandusky’s legal defense.
He also filed a “motion to compel” that asked Judge John Cleland to order the release of prosecution materials “forthwith.” Amendola said he has yet to go through about 200 pages he received on Monday from the attorney general’s office, after a five-week period in which he said 30 defense discovery requests went unanswered.
Sandusky, 68, is confined to his home to await trial on 52 criminal counts, allegations he has repeatedly denied. Prosecutors say he engaged in a range of illegal sexual acts involving boys, including violent assaults inside Penn State athletic facilities. Jury selection is scheduled to begin June 5.
A spokesman for the attorney general’s office declined to comment. A gag order issued by Cleland has severely restricted what lawyers may say about the case.
Amendola said one alleged victim, called Victim 10 in court records, served time in prison for a robbery offense, but that information had not been disclosed by prosecutors.
He said the attorney general’s office gave him an 18-page university police report from a 1998 investigation into a complaint that Sandusky had showered with a boy, but the report’s other 72 pages have not been turned over.
Sandusky also told Cleland that school officials deemed unfounded a claim by Victim 1 that “an unknown male related to The Second Mile had approached him in a bathroom at his high school,” but prosecutors did not reveal that information to him. The Second Mile is a charity for at-risk youth, founded by Sandusky in 1977, that prosecutors say was used by Sandusky to locate targets of his alleged molestation.
The young man’s civil lawyer, Slade McLaughlin, said he did not want to try his case in the press with the criminal trial a month away.
“The truth about Sandusky will all come out then,” McLaughlin said. “All these ancillary issues being raised by Amendola are irrelevant and inadmissible.”
Amendola also told Cleland that prosecutors have not disclosed criminal backgrounds for other alleged victims, and that Victim 3 had been banned from high school property after bringing a weapon onto the premises.
Amendola wrote that some of what he has sought could make jurors doubt the credibility of witnesses at trial, while other information relates to Sandusky’s theory that the accusers “have ulterior motives including financial gain to make false accusations.”
Also Thursday, Juniata College filed a motion with the court asking Cleland to throw out a defense subpoena from Sandusky. Similar motions were previously filed by The Second Mile, the Keystone Central School District, the Mifflin County School District and the attorney general’s office.
Cleland has scheduled a Wednesday court hearing on the subpoena issues for the Centre County Courthouse in Bellefonte.
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