That means the hearing will likely include testimony from a 29-year-old man who has claimed to be Victim 2 – and has alternately stated that he was / was not sexually abused by Sandusky; case prosecutors Frank Fina and Joe McGettigan; Feudale, the supervising judge of the grand jury; and Sandusky’s original trial attorney, Joe Amendola.
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Paterno had an unparalleled coaching career at Penn State but was sacked in the months between Sandusky’s arrest and his own death of lung cancer in early 2012.
Specially-presiding Judge John Cleland of Potter County, who has been overseeing the case since Sandusky’s trial in 2012, signed an order on Wednesday, granting a hearing for 9 a.m. on May 20 in Centre County Court.
“I do not know of anything else that Jerry would be involved in of that nature, no. I do not know of it”, Paterno testified 10 months before Sandusky was first charged, along with two university administrators accused of covering up complaints about him.
Penn State has paid more than $60 million to Sandusky’s victims.
The judge said the defense also can file arguments that the grand jury lacked jurisdiction over the crimes.
The judge said Sandusky could try to show that McGettigan’s reference to “unknown” victims was a lie; the defense can try to show the reference was to Victim 2, whom the prosecution knew and who was the same young man who has since settled a civil lawsuit with Penn State.
Messages seeking comment were not returned by McGettigan, Sandusky’s current lawyer, Al Lindsay, and a spokesman for the attorney general’s office.
He will also seek to prove that prosecutors in the attorney general’s office in 2011 leaked secret grand jury information to Harrisburg Patriot-News reporter Sara Ganim in the hopes that other alleged victims of Sandusky would emerge.
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Sandusky has already lost direct appeals to Pennsylvania Supreme and Superior. The law addresses newly discovered evidence, constitutional violations and ineffective lawyering.Sandusky is serving 30 to 60 years in state prison on a 45-count child sexual abuse conviction.
