BELLEFONTE, Pa. -- The judge assigned to former Penn State football coach and convicted child sex abuser Jerry Sandusky's appeal has ordered Pennsylvania Attorney General Kathleen Kane to release any information she has regarding potential leaks in the Sandusky grand jury.
Judge John Cleland ordered Kane has until Wednesday at 10 a.m. to deliver evidence, under seal, as to who was involved in the accused leaks, what was disclosed, and when and how it was leaked. Should the attorney general not comply with Cleland's order, she will have to testify at the Pennsylvania Judicial Center in Harrisburg, under oath and on camera, on Thursday, November 5, at 1 p.m.
The information Kane provides will determine Judge Cleland's ruling on whether or not Sandusky will get a new trial.
On Wednesday, Kane released a statement to the press accusing Judge Barry Fuedale, who oversaw Sandusky's grand jury report, of leaking grand jury information to Philadelphia Inquirer reporters in 2013. Kane was not referring to the Sandusky case directly, but Sandusky attorneys argue any prosecutorial abuse involving their client should be grounds for a removal of charges.
"It's our position there were leaks by the attorney general and they were done deliberately," said Sandusky defense attorney Alexander Lindsay. "And it was an abuse of grand jury secrecy to further an investigation."
In an apparent attempt to prevent speculation from spreading, Judge Cleland issued his order. Attorney General Kane must disclose any information to her claims of people who "orchestrated, facilitated, cooperated in, or arranged for disclosure of otherwise secret grand jury material in this case," Cleland wrote.
The decision Thursday at the Centre County Courthouse caught Lindsay off guard.
"I thought we might have some success but I must confess I was surprised at the judge," he said following the 30-minute appeal hearing.
Lindsay is filing a motion for a new trial under the grounds Sandusky's trial attorney, Joe Amendola, was insufficient in 2012. He is attempting to get the power to subpoena a witness who he claims could refute former assistant coach Mike McQueary's testimony.
Jerry Sandusky was convicted in June 2012 of the sex abuse of 10 boys. He is currently serving 30 to 60 years in prison.
