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Jerry Sandusky Appeal Denied

Jerry Sandusky's hope for a new trial is denied.
CENTRE COUNTY - Jerry Sandusky's hope for a new trial is denied.

A ruling expected to take months, even a year, was made unanimously in just over two weeks Wednesday morning as the State Superior Court ruled unanimously to deny Jerry Sandusky his request for a new trial.

"Ill say the court was concerned, the court was interested and we're in the game," Sandusky's Defense Attorney, Norris Gelman, said.

Just two weeks ago, Gelman and Sandusky's wife, Dottie, were confident his case would be heard again.

Wednesday, they lost a battle in their fight.

The Pennsylvania Superior Court ruled Jerry Sandusky does not deserve a new trial after being convicted of sexually abusing 10 boys.

The three-panel court heard arguments from Sandusky's attorney, saying jury instructions were mishandled during the trial, the prosecution made an improper reference to the fact Sandusky did not testify, and the defense did not have enough time to prepare for the 2012 trial.

"During the trial, he was forced to fly blindly," Gelman said of Joe Amendola. "He had no idea what his questions would lead to. It's only fundamental fairness to let a lawyer prepare."

"The volume of material they received is not really overwhelming for lawyers," Commonwealth Attorney, James Barker said. "Lawyers deal with documents all the time and two boxes of material is something they would consider in an afternoon."

WTAJ Legal Analyst, Tony DeBoef, is not surprised by the Superior Court's decision Wednesday, but is surprised how quickly it came down.

"It was very unexpected that the decision would be made this quickly," he said. "It's good to note it was unanimous by the three judges. I can only assume they did it this quickly just to get the case over with."

But DeBoef says the case may not be over and Sandusky does have other options.

"They have two choices. They can go straight into something called the re-argument, in front of the entire panel of nine judges, or they can appeal to the Pennsylvania Supreme Court," he said.

Sandusky's defense attorney said Wednesday he will appeal to the state Supreme Court. He has 30 days to do so.

DeBoef says the Supreme Court is discretionary, which means they can pick and choose which cases to hear, unlike the State Superior Court that has to hear every appeal case.
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