A request by Jerry Sandusky, the accused ex-Pennsylvania State University coach, for government- supplied details on the times and places of the alleged acts of sexual abuse was dismissed by a judge as moot.
Sandusky, a former assistant football coach, is accused of more than 50 counts stemming from the alleged abuse of boys over a 15-year period. He had asked state court Judge John M. Cleland to order prosecutors to provide exact times, dates and locations of the alleged acts. Prosecutors said yesterday that details weren’t available because of the alleged victims’ trauma.
“Any order directing the Commonwealth to supply details would be a futile act since the Commonwealth has explained it cannot supply the details requested,” Cleland said today in an order.
Under state law, the failure by prosecutors to fix a date with reasonable certainty when a defendant is accused of having sexually assaulted a child would “violate the notions of fundamental fairness embedded in our legal process,” the judge wrote.
“A long line of Pennsylvania cases has refined and applied this standard to various factual situations involving assaults against children,” he wrote.
Joseph Amendola, a lawyer for Sandusky, said yesterday that he will file papers asking Cleland to dismiss the case if state prosecutors can’t be more specific with the allegations.
The case is Commonwealth of Pennsylvania v. Sandusky, CP- 14-2422-2011, Court of Common Pleas of Centre County, Pennsylvania (Bellefonte).
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