Skip to main content

Sandusky's attorney asks to postpone trial

By the CNN Wire Staff
updated 5:13 PM EDT, Wed May 9, 2012
STORY HIGHLIGHTS
  • NEW: Wednesday's hearing wraps up with no mention of continuance motion
  • Lawyer Joe Amendola has made similar motions in the past
  • Sandusky has pleaded not guilty and remains under house arrest until his trial
  • Jerry Sandusky's attorney asks court to delay his client's June 5 trial

(CNN) -- An attorney for Jerry Sandusky, the former Penn State assistant football coach charged last year with more than 50 counts involving sexual acts with minors, asked Wednesday for his client's June 5 trial to be delayed.

Lawyer Joe Amendola filed a motion saying that without a postponement he "will be unable to effectively and adequately" represent the former Nittany Lions defensive coordinator, saying he needs more time to prepare and has not yet received all pertinent information about the case.

The request comes one month ahead of jury selection. Amendola has made similar motions in the past.

Superior Court Judge John Cleland did not rule on the motion during Wednesday's court hearing, which was held to address a series of motions involving evidence in the case.

Last month Cleland denied a previous motion for continuance that could have pushed back the trial's scheduled start date.

Feds probe use of funds at Penn State
Penn State pays tribute to Paterno
Reporter one of youngest to win Pulitzer

Cleland also ruled against motions to dismiss, including one claiming an expired statue of limitations because, the defense argued, too much time elapsed, from a legal standpoint, from when the alleged crimes occurred.

Sandusky has pleaded not guilty and remains under house arrest until his trial.

On Tuesday, Mike McQueary, a former graduate student considered a key witness in the Sandusky case, filed court documents indicating that he intends to a bring a civil suit against Penn State University over an employment dispute.

McQueary was placed on administrative leave in November.

Rodney Erickson, then acting university president, said he and newly named Athletic Director Mark Sherburne had made the decision. A day earlier, the school athletic department said McQueary would not coach in a game against Nebraska due to "multiple threats" against him.

"It became clear that Coach McQueary could not function in this role, under these circumstances," Erickson said of the decision.

McQueary testified that he alerted head coach Joe Paterno in 2002 that he'd seen what appeared to be Sandusky sexually assaulting a boy, an allegation authorities didn't learn of until years later.

But prosecutors said this week that the incident took place about a year earlier than what was originally alleged, causing defense attorneys for two former Penn State officials to argue that one of the charges should now be dropped.

In a court filing Monday, the Pennsylvania attorney general's office determined that the incident in question occurred around February 9, 2001, rather than in March 2002, which was originally listed in the grand jury report.

Tim Curley, Penn State's former athletic director, and Gary Schultz, a former university vice president who oversaw campus police, have been charged with perjury and failing to report the incident.

Attorneys for Curley and Schultz said in a statement that prosecutors "charged this case before it knew the facts."

Curley and Schultz have pleaded not guilty to the charges against them.

ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT