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AG Kane: Internal review of Sandusky case delayed

Updated: Wednesday, February 5 2014, 04:59 PM EST

By: Marc Stempka

HARRISBURG -- Pennsylvania's top prosecutor said her department's internal investigation into the handling and prosecution of the Jerry Sandusky child sex abuse case has been delayed, mostly in part to difficulty in recovering emails and the uncovering of new information that will require a judge's review.

Pennsylvania Attorney General Kathleen Kane said in a news release Wednesday that it has been one year since she appointed H. Geoffrey Moulton Jr., to lead the office's internal review of the Sandusky investigation and that work continues to review how the case was handled.

"Mr. Moulton has been both thorough and diligent, reviewing and analyzing a substantial documentary records and, despite not having the power to compel testimony through subpoena, interviewing a wide range of witnesses," Kane said.

A grand jury looking into Sandusky's crimes was convened and had been meeting for several years prior to his arrest on child sex abuse charges in November. 2011.

Gov. Tom Corbett was the state's attorney general at the time the Sandusky grand jury convened. Corbett was elected attorney general in 2004 and won re-election in 2008. He left the office after winning the gubernatorial race in 2010, and then appointed Linda Kelly for the position. Kelly oversaw the prosecution and investigators who worked to convict Sandusky.

At the time of her investigation's announcment, Kane said Moulton would be helping with conducting "a comprehensive and independent examination" of information related to the handling of the Sandusky investigation.

Kane said once the report is complete, it will be made public.

Kane said some factors have combined to slow down the process of compiling the report, and some of those delays were not expected. One of the big, time-consuming challenges was collecting written records, specifically emails.

"For reasons that will be described in more detail when the report is made public, until last fall we believed the [Office of the Attorney General] emails for the relevant time period had been permanently removed from [Office of the Attorney General] storage systems (pursuant to a then-existing document-retention policy) and were unrecoverable," Kane said. "Since then, we have developed a recovery process that is ongoing."

Also delaying the findings will be the releasing of information not previously made public prior to the grand jury convening in this case, Kane said. Because of that, the office will need "judicial approval" before releasing the report.

"We have been working with the assigned grand jury judge on this issue," Kane said.

Additionally, Kane said those discussed in the report should have the chance for "due process and fairness [that] require that certain individuals discussed in the report be afforded the opportunity to review and comment on those aspects of the report that pertain to them."

Kane said they hoped to have this process complete as soon as possible.

"The release of the review findings will be determined only by the time necessary to complete a comprehensive review," Kane said. "I remain fully committed to that approach. Pennsylvanians deserve that full and true story, and I will not permit a rush to judgment to interfere with a thorough review."

Kane said no additional comment would be made between the update and the release of the findings.

Sandusky was a former Penn State football coach, serving with the team through his retirement in 1999, but maintained access to university facilities in the years following his retirement.

Sandusky was also one of the founders of the Second Mile, a charity designed to assist underprivileged children.

Prosecutors said Sandusky used the charity as a way to identify potential abuse victims. Sandusky was convicted on 45 counts related to child sexual abuse in June 2012. He is serving a 30- to 60-year sentence in a state prison.

Three former Penn State administrators, former university President Graham Spanier, former Athletic Director Tim Curley and former Vice President for Business Gary Schultz are awaiting trial on charges they covered up Sandusky's abuses, some of which happened on Penn State's main campus in Centre County.

AG Kane: Internal review of Sandusky case delayed

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