Judge nixes bid from sandusky for new abuse trial

HARRISBURG, Pa.—Jerry Sandusky lost a bid for a new trial Wednesday when a judge rejected his argument that his lawyers were not given enough time to prepare for the three-week proceeding that ended with a 45-count guilty verdict on child sex abuse charges.

Judge John Cleland’s 27page order said lawyers for the former Penn State assistant football coach conceded that their posttrial review turned up no material that would have changed their trial strategy.

“I do not think it can be said that either of the defendant’s trial counsel failed to test the prosecution’s case in a meaningful manner,” Cleland wrote. “The defendant’s attorneys subjected the commonwealth’s witnesses to meaningful and effective cross-examination, presented evidence for the defense and presented both a comprehensive opening statement and a clearly developed closing argument.”

He also rejected postsentencing motions regarding jury instructions, hearsay testimony and a comment by the prosecution during closing arguments that referred to the fact that Sandusky, who did not testify at trial, gave media interviews after he was arrested in November 2011.

Cleland said the prosecution’s closing was not presented in a way that “was either calculated to, or did, create in the jurors a fixed bias toward the defendant.”