Butler, Butler County, Pa- One day after an Appeals Court ruled that Jerry Sandusky will be resentenced, but not get a new trial, his Lawyer Al Lindsay spoke to the media with a response to the ruling.
Lindsay was asked about what outcome he’s hoping for regarding the resentencing.
“The hope is that it will be less than the original sentence… as far as Jerry Sandusky was concerned, it couldn’t have been worse than it was.”
But WTAJ’s legal analyst, Attorney Tony DeBoef, says a resentence, something Sandusky is looking for, could actually be more severe than his existing sentence.
“Sometimes you have to be careful what you wish for because sometimes you can ‘get it’ and in this case I think his attorney does need to be very careful because this could end up being more than 30 years,” DeBoef said.
Sandusky’s original sentence was 30-to-60 years in prison. But, Attorney DeBoef says a judge could view Sandusky’s 45 criminal counts of child molestation as a justification for handing down a sentence that falls within the aggravated range of penalties.
“It’s different if you do something once….it’s different than if you do something 20 or 30 times over a period of 20-30 years,” DeBoef said.
Attorney Lindsay says they’re not afraid of a harsher sentence because Sandusky has nothing to lose, given his age and health.
“The man is in his mid 70’s and not in the best of health,” Lindsay said.
Another interesting factor in this case will be the judge who hands down Sandusky’s sentence. Law dictates that the judge giving the resentencing should be the same judge who heard the trial. In this case, it should be Judge John Cleland, from McKean County… but there may be a new judge appointed to issue the resentencing.
“Judge Cleland recused himself because there was some question as to whether he was going to end up being a witness or not in the appeal process. So we’ll have to see whether Judge Cleland resentences him or whether an additional judge gets appointed to do it.”
The date of Sandusky’s resentencing has not been announced.
The resentencing will occur at the Centre County Courthouse in Bellefonte, PA.