Sandusky defense wins mixed decision on subpoenas
HARRISBURG, Pa. — A judge on Thursday gave Jerry Sandusky’s lawyers some of the information they sought through subpoenas, but he did not enforce broad requests for all information related to accusers in the child sex-abuse case.
Judge John Cleland said the defense team will get access to documents regarding the former Penn State assistant football coach’s conduct from The Second Mile, a charity he founded for at-risk youths. The Second Mile also was directed to give Sandusky complaints about his misconduct or “inappropriate actions.”
The Second Mile also must provide Sandusky with a list of the people he was allowed to invite to his retirement party, but not their addresses or financial information.
Cleland said Juniata College must turn over a background investigation conducted when Sandusky applied for an assistant football coaching position that he didn’t get. The college can black out references to the names of those who were interviewed.
Cleland did not rule on a defense request to delay the start of trial, currently scheduled to begin with jury selection on June 5.
Sandusky, 68, faces 52 criminal counts for alleged sexual abuse of 10 boys over 15 years, charges he has consistently denied.
Cleland presided over a hearing about the subpoenas on Wednesday at the Centre County Courthouse in Bellefonte.
Three central Pennsylvania school districts — Mifflin County, Keystone Central and Bald Eagle — were ordered to give Sandusky’s lawyers several categories of records that pertain to boys who are alleged victims in the case.
They included records that address their behavioral health or school adjustment, those regarding psychological or psychiatric treatment, and “investigative reports prepared regarding a complaint of harassment/stalking” regarding one of the accusers, the judge said.
Sandusky’s lawyer Joe Amendola wrote in a court filing a week ago that an accuser known as Victim 1 made a claim, which the school deemed unfounded, that “an unknown male related to The Second Mile had approached him in a bathroom at his high school.”
Cleland granted the defense limited access to records of Michael Gillum, a psychologist with Clinton County Children and Youth Services. The county’s lawyer had argued the information Sandusky sought regarding Victim 1 was protected by psychologist-client privilege, but Cleland said that did not apply to Gillum’s “opinions, observations, diagnosis and considered treatment alternatives.”
In several instances in the four-page order, Cleland specified what material must be disclosed but denied all other information sought by the subpoenas.
He said that none of the information received pursuant to defense subpoenas may be disclosed to anyone except counsel for the defense and members of the defense team.By
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