McGettigan said he did not believe the man’s claim to be Victim 2 at the time of Sandusky’s 2012 trial.
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“I have never spoken about that issue and never waived that privilege”, Shubin testified.
She and her supervisor, Frank Fina, placed a fake notice within the prosecution agency’s file about someone who had been subpoenaed and then watched to see if it would produce a story that would indicate a leak within the attorney general’s office.
“I live in the real world”, McGettigan told reporters. Neither the man nor Penn State has disclosed the precise nature of his claim against the university or said how much he was paid to settle it. He did not mention having been seen by McQueary in a shower with Sandusky.
Sassano said some victims of child sex abuse, including some at Sandusky’s trial, are first in denial before opening up about what happened.
It was the prospect of such inconsistent testimony – and how it might reflect on the rest of the case – that persuaded prosecutors and defenders to leave him off their witness list, Sandusky’s appellate lawyer has said. McGettigan said the man was unable to properly describe the location of the attack and drew a map of a locker room that was not accurate.
That “led me to believe he was never in that particular locker room”, Sassano testified. She said no one took the bait. Her response, Sassano said, was “Crickets”. But he said the man is his client and he would not represent anyone he did not believe. He insisted on being present, for his client’s protection, at every meeting with prosecutors. However, that story changed a few months later after Victim 2 hired civil rights and criminal defense attorney Andrew Shubin.
But Mr. Sassano said Monday that Mr. Shubin went so far as to hide the man “at a hunting cabin somewhere so we couldn’t find him to interview him”.
“We all came to the same conclusion”, he said.
Joe McGettigan testified Tuesday that his opinion is based on changes in the man’s story and other factors.
To win Sandusky a new trial, Lindsay must show that the former coach’s trial attorney, Joseph Amendola, was incompetent.
Sandusky and two of his defense lawyers are among the witnesses who already have testified.
Then, in February of 2011, Gillum wrote, Harrisburg Patriot-News reporter Sara Ganim knocked on the door of Daniels’ home asking about her son Aaron, with Ganim stating that she knew about Fisher’s allegation and that it had kickstarted an investigation into Sandusky.
Both Eshbach and Fina denied knowing who supplied Ganim with the information. Or he, said, she could have gotten the information from Children and Youth Services at the local or state level.
Eshbach said only she and Fina knew about the covert attempt to confirm the leak.
McGettigan said Sandusky, who attended all three days of the Post-Conviction Relief Act hearing, “could at any time have told any number of persons” the identity of Victim 2.
Matt Sandusky initially supported his adopted father and testified to a grand jury that he had never been abused, but in the midst of Jerry Sandusky’s trial, Matt told prosecutors he had been abused.
Lindsay said after the hearing that his position is that the issue of a grand jury leak is a matter that stands apart from the ineffective counsel arguments. The hearing will pick up at 9:30 in the morning.
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“There were so many flaws in his trial”, attorney Alexander Lindsay said.
