PSU Sex Abuse Scandal
- Pa. House advances child-abuse reforms
- State details case against ex-PSU president
- Possible changes proposed to PSU sanctions
- Victim 9 sues Sandusky, PSU
- State senators propose PSU Board of Trustee changes
- Expenses for PSU scandal near $52 million
- AG argues against court hearing Sandusky appeal
- Judge sets hearing date for Spanier vs. Freeh case
- Search for next PSU president extended
- Jerry Sandusky lawyers file notice of another appeal
- PSU board calls off special meeting
- Paterno family lawsuit vs. NCAA goes before judge
- Penn State: 26 people get $59.7M over Sandusky
- Sen. denied request to intervene in NCAA suit
- Lawyers: 19 Sandusky victims settle with Penn St.
- Pa. appeals court: No new trial for Sandusky
- NCAA to restore Penn State football scholarships
- PSU student files lawsuit against police
- Borrowing, protest to mark Penn State meeting
- Sandusky's 1st appeal hearing set for Tuesday
- Former prosecutor says he doesn't think Paterno aided in cover-up
- Changes made to Jerry Sandusky appeal hearing
- PA Superior Court panel to hear Jerry Sandusky appeal
- 3 former PSU administrators to face trial
- McQueary: Paterno said Old Main 'screwed up'
- Testimony: Public information office 'in the dark' about Sandusky investigation
- Penn State community wants answers from administrator hearing
- Freeh stands behind findings in new interview
- Spanier denied access to some evidence
- 6 News Investigation: PSU trustee works to clear criminal record
- Judge approves Matt Sandusky, family name change, documents possibly to be sealed
- Judge to seal Sandusky family request for name change
- Paterno statue removal anniversary
- $90K missing from fraternity
- Paterno statue removal anniversary
Sandusky's 1st appeal hearing set for Tuesday
Updated: Monday, September 16 2013, 05:44 PM EDT
By: The Associated Press
Jerry Sandusky's challenge to his child molestation conviction goes before a state appeals court on Tuesday, as the former Penn State assistant football coach seeks to overturn a sentence that could keep him behind bars for life.
Pennsylvania's Superior Court will decide whether prosecutors made an improper reference to the fact that Sandusky did not testify, whether jury instructions were mishandled and whether the defense should have been given more time before trial to digest a large volume of investigative material.
Sandusky is seeking a new trial. His appeals attorney, Norris Gelman, said this week that Sandusky, who is largely isolated from the prison population, will not be in the courtroom.
The court is meeting in Wilkes-Barre in Luzerne County, part of efforts to make its proceedings accessible to a wider public.
Sandusky, who spent decades working under football coach Joe Paterno, was convicted in July 2012 of 45 counts of sexual abuse of 10 boys, including eight victims who testified against him. Judge John Cleland subsequently declared him a sexually violent predator and sentenced him to 30 to 60 years in state prison.
Gelman argued in an appellate brief that Cleland should have issued an instruction to jurors that addressed the length of time it took his victims to report their abuse, which for four of them was more than 11 years.
He noted that Cleland told the lawyers he believed it was not unusual for victims of child abuse to delay reporting it.
The attorney general's office, in its appeals brief, said it was clear to jurors that the defense was arguing that the abuse never occurred, and arguing that the victims were making up stories in hopes of cashing in. Penn State has since settled some of their claims for undisclosed sums.
"The record demonstrates that the victims had clear reasons for not disclosing the abuse by Sandusky: not only were they ashamed of the acts of abuse," the AG's office wrote, "but Sandusky gave them gifts, including access to the PSU football program, and was a prominent figure who was more likely to be believed than they were."
Gelman also focused on a reference, by prosecutor Joe McGettigan, to an NBC television interview Sandusky gave shortly after his arrest. McGettigan told jurors that Sandusky "had wonderful opportunities to speak out and make his case."
The prosecutor told jurors that he "only heard him on TV."