(CNN) — Jerry Sandusky has filed an appeal of his conviction and sentence on child sex abuse charges with the Pennsylvania Superior Court, according to court records.
This story has 9 updates
Penn State University’s bill for legal fees, consultants and other costs associated with the Jerry Sandusky sex abuse scandal now stands at more than 27 million dollars. That includes 13 million for the internal investgation by former FBI director Louis Freeh. Sandusky, a former Penn State assistant football coach is serving 30 to 60 years in prison for child sex abuse. The 27 million dollars of costs does not include the first of five 12 million dollar annual installments to cover the fine handed down by the NCAA.
Pennsylvania Attorney General Kathleen G. Kane announced the appointment of H. Geoffrey Moulton, Jr. to lead the office’s internal investigation into how the Sandusky child abuse case was handled. Mr. Moulton will serve as a Special Deputy Attorney General with the Pennsylvania Office of the Attorney General, reporting directly to Pennsylvania Attorney General Kane.
“Mr. Moulton is a highly respected former federal prosecutor who will assist us in providing a comprehensive and independent examination of the facts surrounding the handling of the Sandusky investigation,” said Pennsylvania Attorney General Kane. “Once the facts have been uncovered, my office will make these findings available to the public.”
Mr. Moulton, an Associate Professor at Widener University School of Law, will begin his work effective immediately. His prior work experience includes eight years as a federal prosecutor with four as First Assistant United States Attorney for the Eastern District of Pennsylvania. In that capacity, he was responsible for the day-to-day operation of an office of 130 lawyers, supervised all major cases in the office — both civil and criminal — and served as a principal point of contact with state and federal law enforcement agencies.
From 2009 through 2011, Mr. Moulton served in senior positions in the federal government in Washington, D.C., first as Chief Counsel to U.S. Senator Ted Kaufman of Delaware, where he was responsible for all aspects of the Senator’s work on the Judiciary Committee and the Homeland Security and Government Affairs Committee, including drafting and shepherding aspects of major financial fraud and health care fraud legislation. Mr. Moulton then served as Chief of Staff and Deputy Special Inspector General for the Office of Special Inspector General for the Troubled Asset Relief Program (SIGTARP). At SIGTARP, Mr. Moulton was responsible for the day-to-day management of an agency of more than 140 employees, including auditors, criminal investigators, and staff. He supervised all agency investigations of fraud and other criminal activity related to TARP as well as all agency audit and evaluation activity.
In 1993, as the Project Director for the U.S. Treasury Department, Mr. Moulton prepared a comprehensive and widely praised report concerning the failed Bureau of Alcohol, Tobacco and Firearms (ATF) raid on the Branch Davidian compound near Waco, Texas. His report resulted in important changes in the policies and procedures at both ATF and the Treasury Department.
Mr. Moulton is a former United States Supreme Court law clerk. He clerked for the Honorable William H. Rehnquist, and also served as law clerk to the Honorable Wilfred Feinberg, United States Court of Appeals for the Second Circuit. Mr. Moulton earned his undergraduate degree from Amherst College and his law degree from Columbia University School of Law, where he was on the Law Review.
Today the State Senate unanimously approved a bill to keep all the money from Penn State’s 60 million dollar fine for Pennsylvania programs. The money is part of the punishement from the NCAA in the wake of the Sandusky scandal and alleged cover up. Penn State paid its first 12 million dollar installment in December but the NCAA won’t disperse the money until a lawsuit makes its way through court. The senate bill would require any institution fined more than 10 million to deposit the money into a fund set up through the state treasurer.
Jerry Sandusky’s appeal for a new hearing on grounds that he did not have enough time to adequately prepare for last year’s trial has been denied.
Judge John Cleland’s 27-page opinion states that while the volume of material presented in the discovery phase may have been “vast,” as the defense has called it, but a post-trial review determined there was nothing that would have changed the defense strategy or advanced Sandusky’s defense.
Sandusky was convicted of sexually abusing 10 boys and was sentenced to no less than 30 years and no more than 60 years in prison.
Sandusky’s attorneys may file an appeal to mid-level Superior Court.
Jerry Sandusky and his attorneys were back in Centre County court Thursday morning for a hearing to argue for a new trial. Sandusky’s lead attorney, Joe Amendola, testified that he was rushed to trial and therefore, his client should be granted a new trial.
Back in June, the former Penn State assistant football coach was convicted on 45 counts of sexual abuse involving ten boys.
A smiling Jerry Sandusky made his way to Judge John Cleland’s courtroom, his first time out of prison since his October conviction. Defense attorney Joe Amendola took the stand, arguing that he did not have enough time to go through thousands of documents from prosecutors a month before the case went to trial.
“You can’t take 6400-6500 pages and give them to a lawyer and say let’s start the trial real soon,” said Norris Gelman, who is handling Sandusky’s appeal. “You have to give a lawyer time to work with it and time to digest it.”
Chief Deputy Attorney General Frank Fina said the defense had more than enough time to prepare.
“Anybody can go through a box of information adequately and prepare for trial,” Fina said. “And as you saw, Mr. Amendola did that and did a good, effective job.”
When cross-examined by prosecutors, Amendola admitted on the stand that knowing the information in the un-reviewed documents would not have changed his defense of Sandusky.
Tom Kline, the Philadelphia-based attorney for Victim Five, sat in on the hearing and said the defense doesn’t have a leg to stand on.
“My prediction there would be, based on having reviewed many a trial record for many a year, that there is going to be no reversal,” Kline said.
But when asked about their chances, Sandusky attorney Norris Gelman used a basketball analogy to say he’s optimistic.
“It’s a long three-pointer. Some of those go in,” he said.
A decision from Judge Cleland could come down at any time. Prosecutors said they expect a swift decision. If Sandusky’s appeal is denied, the case would go to a Superior Court.
By Mike Dawson
Well, for a few hours anyway.
Sandusky will make the trip from the state prison in Waynesburg to the Centre County Courthouse in Bellefonte for a court hearing Jan. 10, and the judge overseeing the case ordered Thursday that county sheriff’s deputies transport him.
The hearing is over Sandusky’s defense attorneys’ claims that they did not have enough time to prepare for the trial. They want Judge John Cleland to throw out the verdict and the 30- to 60-year sentence Sandusky is serving in Greene County, a rural area in the southwest corner of the state.
Because of safety concerns, prison officials put Sandusky in solitary confinement, meaning he’s surrounded by the four walls of his cell for 23 hours a day with limited visitation.
Sandusky was convicted on 45 counts of child abuse but has maintained his innocence despite the trial testimony from eight young men who said the former coach molested them when they were children.
Tomorrow Governor Tom Corbett will announce plans to file a federal lawsuit against the NCAA for its sanctions against Penn State University. This, in the aftermath of Sandusky’s sex abuse scandal. Sandusky is serving the next 30 years behind bars. You’ll recall the NCAA took away wins, reduced scholarships and temporarily banned the school from competing in the post-season. Penn State is not involved in the lawsuit.
Judge Thomas Gavin has denied Penn State’s request to stay Mike McQueary’s whistleblower case until after the criminal cases against Graham Spanier, Gary Schultz and Tim Curley are complete. The university wanted the case stayed because of overlapping factual and legal issues which they believe should be resolved in criminal prosecutions before embarking on McQueary’s case.
Judge Gavin stated in court papers, “[A] factor that I deem relevant is the publicly stated (through various members of Penn State’s Board of Trustees) desire of Penn State to restore its reputation as promptly as possible. Certainly, McQueary should have the same right. Allowing this case to proceed now will afford both parties that opportunity.”