Tuesday 13 December 2011

Sandusky waives hearing, delays facing accusers

Bellefonte, Pennsylvania -- Former Penn State football coach Jerry Sandusky, who is accused of sexually abusing young boys, surprised a packed courtroom Tuesday by waiving his right to a preliminary hearing.
Onlookers who packed the old courthouse in Centre County, Pennsylvania, reacted with surprised looks when they heard that the long-anticipated encounter between Sandusky and his accusers would not happen.
Some 11 witnesses were prepared to testify against Sandusky, who faces more than 50 counts related to allegations of sexual molestation revealed in a grand jury report last month, according to Senior Deputy Attorney General E. Marc Costanzo.


At the hearings, prosecutors must show that they have probable cause to bring the case to trial. Prosecutors in this case were expected to meet that relatively low bar, in part because the case been through a grand jury.


CBS News chief investigative correspondent Armen Keteyian reports that 11 witnesses were prepared to testify for the prosecution, including Penn State assistant coach Mike McQueary, who has been placed on administrative leave.


The hearing was expected to last a day or more. Sandusky has denied the allegations, which led to the departures of longtime Penn State football coach Joe Paterno and the university president.


"This development we believe provides maximum protection to most importantly the victims in this case," said Senior Deputy Attorney General E. Marc Costanzo. "It avoids their having to testify for a second time. They will of course testify at a trial in the case.


Today's hearing was intended to determine whether there was enough evidence to put the case against Sandusky to a jury.


Wes Oliver, an associate professor at Widener Univeristy Law School in Harrisburg, said Sandusky's decision to waive the hearing was a signal that a plea bargain is likely in the works.


OIiver said there was no "strategic advantage" to waiving the hearing if Sandusky was headed to trial.


"If you were going to trial, you'd want any opportunity you could get [to put victims] on the stand and learn all you could about what the prosecution is coming at you with," he said. "The only thing that makes sense tactically is that a plea is in the works."


Later this week in Harrisburg, two former Penn State administrators, Timothy Curley and Gary Schultz, face a similar hearing in Harrisburg on charges that they covered up one of the assaults then lied to a grand jury about it.


The proceeding today and the one in Harrisburg later this week were already expected to be formalities.


None of the defendants were expected to testify or present a defense. And only an unprecedented implosion by the witnesses is likely to prevent Senior Judge John M. Cleland from finding sufficient evidence to hold Sandusky for trial, legal experts say.


Sandusky first groomed him with gifts and trips in 2006 and 2007, then sexually assaulted him more than 20 times in 2008 through early 2009, the teen told the grand jury.


Sandusky founded The Second Mile, an organization to help struggling children, in 1977, and built it into a major charitable organization, headquartered in State College with offices in other parts of Pennsylvania.


Two university officials have been charged with perjury and failure to report suspected abuse — athletic director Tim Curley and former university vice president Gary Schultz. Their preliminary hearing is scheduled for Friday in Harrisburg.


Curley has been placed on leave and Schultz has returned to retirement in the wake of their arrests. The scandal brought down university president Graham Spanier and longtime coach Paterno, who was fired last month.

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