Did Unorthodox Sandusky Defense Strategy Include Contact with Grand Jury Witnesses?
An unorthodox defense strategy in a child sex-abuse case by a former Pennsylvania State University assistant football coach already had puzzled some observers, even before Jerry Sandusky talked with the New York Times.
But now some are wondering what defense benefit was served when Sandusky tried to contact some of his alleged victims and reportedly had dinner with one earlier this year, along with his wife, reports msnbc.com’s Open Channel blog. Meanwhile, as he knew, a grand jury investigation was under way at that time.
Sandusky and his lawyer, Joe Amendola, apparently view what they have portrayed as continuing positive relationships with youths the former assistant coach and child-charity founder mentored as a defense plus. The two also said Sandusky didn’t know some of youths he reportedly spoke with would be grand jury witnesses.
Both Sandusky and his wife are “deeply saddened and perplexed” by the claims of sexual abuse being made, Amendola said in a written statement last month.
However, a lawyer for the man known in the grand jury report of Sandusky as Victim 6 points to a troubling potential issue.
“One of the questions that raised in my mind, ‘Was this an effort on his part to tamper with witnesses?’” attorney Howard Janet of Baltimore told Open Channel. “Was it intended as a way to influence the public or the perspective jury pool?”
In a similar comment to the Patriot-News, he explained: “When you look at the invitation, look at how it’s couched, the timing of it, and look at what his attorney has attempted to make of it, I think there are some very serious questions raised.”
Police tried to persuade the Janet’s client, now an adult, to wear a wire, but he was too nervous, according to Janet.
Amendola had indicated that at least one or two of the eight alleged Sandusky victims listed in the grand jury’s report would testify in his client’s favor. But, citing unidentified sources, ABC’s Good Morning America says all eight are expected to testify against him in preliminary hearings that are scheduled to begin next week.
Calling the media-intensive approach to Sandusky’s defense “bizarre,” former Pennsylvania Attorney General Walter Cohen nonetheless told the Patriot-News that there might possibly be some strategic benefit at the preliminary hearings.
If, contrary to the usual practice, Amendola forces the state to present a detailed case and put on witnesses at this stage, that could help create contradictory evidence that might benefit the defense, Cohen speculated.
Longtime midstate criminal defense attorney William Costopoulos said he’s never seen a higher-profile case than Sandusky’s, nor one in which the defendant spoke out so freely, at such at early stage, the Patriot-News reports.
While Sandusky has obviously been hurt by the negative publicity, his interviews are doing him no good, Costopoulos says:
“I don’t believe speaking out at this time is doing anything to influence the court of public opinion. And I don’t believe it’s doing anything to advance his case in any way in the criminal justice system.
Additional coverage:
ABAJournal.com: “Defense Lawyers Doubt Wisdom of Ex-Penn State Coach Sandusky’s Comments re Child Sex-Abuse Case”
ABAJournal.com: “Penn State’s Former Top Lawyer Says He Had No Inkling About Sandusky Allegations Till 2009”
New York Times: “Jerry Sandusky in His Own Words”
