Sandusky gets new sentencing hearing
Pa. court refuses to overturn conviction
Former Penn State assistant football coach Jerry Sandusky will have a new sentencing hearing after the state Superior Court found that he should not have been subjected to mandatory minimum penalties.
Sandusky, 75, was sentenced in 2012 to 30 to 60 years in prison after his conviction on 45 counts of child sexual abuse.
The 119-page opinion, filed Tuesday, does not overturn Sandusky’s conviction. In fact, the first 116 pages deny each of Sandusky’s appellate issues relative to allegations of ineffectiveness of trial counsel and evidentiary issues at trial.
Instead, the appellate court cites a 2013 U.S. Supreme Court case, Alleyne v. United States, as a reason to remand the sentencing
Under that case, the Sandusky jury needed to find beyond a reasonable doubt the aggravating factor leading to the mandatory minimum sentence — in this case, that the victims were less than 16 years old.
That did not happen because Alleyne was decided after Sandusky’s trial. However, because the Alleyne opinion came out before Sandusky’s direct appeal was finalized, it applies to his case.
Al Lindsay, Sandusky’s appellate attorney, said his client plans to continue his appeal of his conviction — through the state Supreme Court and federal court, if necessary.
Mr. Lindsay said he is confident a higher court will grant Sandusky a new trial and “has an opportunity to correct one of the most profound injustices in the history of American jurisprudence.”
Mr. Lindsay said he and his client continue to believe that what occurred was a byproduct of overzealous prosecutors, media enticed by the nature of the case, and plaintiffs’ attorneys pursuing claims involving institutions with deep pockets.
“What I believe, and I have said this many times, is that
Jerry Sandusky and [his wife] Dottie Sandusky are the two most courageous people I’ve ever met,” Mr. Lindsay said. “Our position is Jerry is absolutely innocent and that these charges never should have been brought.”
State Attorney General Josh Shapiro “is pleased that the convictions of this child predator remain intact,” said a statement from his spokesman, Joe Grace. “All of Sandusky’s claims as to why he was entitled to a new trial were thoroughly explored during the course of multiple evidentiary hearings and submission of briefs. The Superior Court has agreed with us that it was proper for the court below to reject Sandusky’s claims.”
Concerning the resentencing, Mr. Shapiro said, “. . . our office looks forward to appearing for the new sentencing proceeding and submitting argument to the court as to why this convicted sex offender should remain behind bars for a long time.”