Penn State Sandusky scandal: AD arrested, Paterno fired, dies; cover-up charged #9

[J. J. in Phila]

I thought this little exchange was interesting and shows JS overruling his lawyer:

The third juror selected was a middle-aged white woman whose husband is a physician in the same medical group in which John McQueary, the father of one of the key witnesses in the case, works.

Defense attorney Joseph Amendola asked to have the woman struck for cause because of that relationship, but Judge Cleland rejected his request.

"We're in Centre County. We're in rural Pennsylvania," Cleland said. "There are these (connections) that cannot be avoided."

It appeared that Amendola was going to then use his first peremptory challenge, but his client stopped him.

"I think she would be fair," Sandusky said, and the woman was accepted.

Read more here: http://www.mcclatchydc.com/2012/06/05/151191/jury-selection-is-underway-in.html#storylink=cpy

There is a bit more.

She taught Sandusky's adopted son, and knew about an incident where the son set a barn on fire.

 

[BennyProfane]

i hope they are non-concurrent, but if they aren't and he is found guilty in a federal court, would a federal sentence be non-concurrent? TIA

Surely, the feds wouldn't let him serve a federal sentence in a state facility if he is already incarcerated. Please forgive my ignorance on this.

Generally, the feds let the states go first when there's overlapping prosecutions, and allow state sentences to be served completely before transferring the prisoner to federal facilities to serve the federal sentence afterwards.
This keeps everything separate enough to avoid complications like the one you're describing.
This was covered really well in the Michael Devlin plea-bargain (Shawn Hornbeck & Ben Ownby's abductor).

 

[J. J. in Phila]

Somewhere in one of the articles today I read that the total for all state charges is 500 years!

I think it was only 350 years.

That assumes that:

A. Sandusky is convicted on all counts.

B. The sentences are consecutive.

C. Sandusky gets the maximum sentence.

Now I'll use Victim 6 for an example (since I'm more familiar with that one).

There are 11 charges, 4 felonies (each a violation of the same statute), and 7 misdemeanors (3 different statutes) all relating to the same incident. I think the felonies can each have a maximum sentence of 5 years and each misdemeanor is 2 years.

A. If convicted on all, Sandusky maximum sentence is 34 years. However, because the charges all relate to the same incident, he'd likely only be convicted on 1 felony, and 3 misdemeanors. So that is 11 years, 5 for the felony, 2 for each misdemeanor.

B. It might be likely that some of these would be concurrent. The misdemeanors might all be concurrent with the felony, or one might might be consecutive. Assume that Sandusky begins serving on 8/1/12. If it is concurrent, and it usually is, his sentence on the felony would expire 7/31/17. The sentence on the misdemeanors would expire (and that probably isn't the right term) would expire on 7/31/14.

C. The judge doesn't give Sandusky the maximum; he sentences him to 4 years. The sentence would then expire 7/31/16.

Sandusky could also get parole and might be out well before the sentence expires. One of the priests in the Phila Church sex abuse scandal plead guilty to IDSI and got 2 1/2 to 5 years; I'm told he will be out in 2 with good behavior.

All of this assumes that Sandusky is actually found guilty.

 

[Pensfan]

Somewhere in one of the articles today I read that the total for all state charges is 500 years!

As for Pensfan's question:


I've checked some sources and this is the easiest to understand to me:



It was made clear in several places that even if the feds make it concurrent, the federal sentence cannot begin until it is ordered. IOW, if JS was convicted by the state and had served 5 years of his state sentence, before a federal conviction and sentence, those 5 years would not be counted in the concurrency (if that makes sense). It also depends on which agency has possession of the prisoner first. If the state sentence ends before the federal, then he would be transfered to the federal facility. This is all to my understanding, so for what it's worth, lol.

For more details this source gives a lot of info which I think basically says the same thing:

http://www.bop.gov/news/ifss.pdf

If somebody gets a better answer please let us know!

Thank you for finding that. I appreciate it!

 

[HMSHood]

I am surprised Sandusky is going to trial sooner than I expected.

 

[HMSHood]

Generally, the feds let the states go first when there's overlapping prosecutions, and allow state sentences to be served completely before transferring the prisoner to federal facilities to serve the federal sentence afterwards.
This keeps everything separate enough to avoid complications like the one you're describing.
This was covered really well in the Michael Devlin plea-bargain (Shawn Hornbeck & Ben Ownby's abductor).

The only time I can see federal charges first if it happens on federal land/property or involves federal employees.

If Sandusky faces federal charges, he gets no parole.

 

[J. J. in Phila]

The only time I can see federal charges first if it happens on federal land/property or involves federal employees.

If Sandusky faces federal charges, he gets no parole.

It is crossing state lines for immoral purposes with a minor and involved tha Alamo Bowl incident.

 

[HMSHood]

It is crossing state lines for immoral purposes with a minor and involved tha Alamo Bowl incident.

I wonder what the penalty is for that.

I wonder if there are more victims that Sandusky crossed state lines for this exact vile behavior besides Alamo Bowl, like some road game out of state.

 

[J. J. in Phila]

I wonder what the penalty is for that.

I wonder if there are more victims that Sandusky crossed state lines for this exact vile behavior besides Alamo Bowl, like some road game out of state.

I had posted a link, but I don't know the penalty.

 

[Quiche]

We have a jury.

The seven women and five men who will hear opening statements on Monday in the case against former Penn State assistant football coach Jerry Sandusky include an engineering administrative assistant at Penn State, a dance teacher in the school's continuing education program and a professor who has on the faculty for 24 years.

They also include a Penn State senior, a retired soil sciences professor with 37 years at the university, a man with bachelor's and master's degrees from the school and a woman who's been a football season ticket holder since the 1970s.

One of four alternate jurors was selected Wednesday, and three more were expected to be picked Wednesday afternoon.

Link gives a good rundown on each of them.

Read more: http://www.seattlepi.com/news/artic...en-in-Sandusky-case-3612321.php#ixzz1x2O64wDX

 

[Quiche]

I thought I'd peruse some images from the jury selection-- here are a few I find choice. (He's the doofiest looking monster I've ever seen... makes him all the more creepy, imo.)

 

[Reader]

I wonder if there are more victims that Sandusky crossed state lines for this exact vile behavior besides Alamo Bowl, like some road game out of state.

I believe it was also Victim 4 that JS brought to Tampa, Fl. for a game.

 

[Blondie in Spokane]

I thought I'd peruse some images from the jury selection-- here are a few I find choice. (He's the doofiest looking monster I've ever seen... makes him all the more creepy, imo.)

ITA....my skin crawls whenever I see a photo of him.......he really is doofy looking! Yuck!

 

[Reader]

Posting these links just for the couple of quotes below:

http://www.centurylink.net/news/read.php?rip_id=<[email protected]>&ps=1011&page=1

Amendola on Wednesday asked again for a delay, alleging that an ABC News report saying that the accuser identified in court papers as Victim 4 would be the first witness violated the gag order Judge John Cleland issued in April. Cleland denied Amendola's request.

His name should be Amendelay....I suppose that all these delay requests are to be used for an appeal later.

JS's big smile coming into court today:

http://www.sun-sentinel.com/news/na...me-sanduskybre8540k2-20120605,0,6062340.story

The white-haired Sandusky, who wore tan slacks and a sport coat, seemed increasingly upbeat and animated as jury selection progressed, according to a pool report.

During a lull in the proceedings, he joked with reporters, laughing: "What did you guys do to deserve me? How did you guys get stuck with this? Ay yi yi."

Christopher Mallios, an attorney adviser with AEquitas, a resource group for sex crimes prosecutors, said the high percentage of jurors with Penn State ties would not necessarily help Sandusky.

Mallios, himself a Penn State graduate, said jurors with Penn State ties could be a "double-edged sword" given the damage done to the school by the Sandusky scandal, he said.

"I don't necessarily see it as a winning strategy to have people with Penn State ties on the jury," he said.

 

[pghbrandi]

ITA....my skin crawls whenever I see a photo of him.......he really is doofy looking! Yuck!

'

I agree about the photos. I can't stand to watch any interview with him.

 

[BrownRice]

StellarsJay, thanks SO much for the extremely detailed timelines. I haven't been following this closely in the past months and forgot about so many of the details.

I'm hopeful you will be able to edit Part 4 and add at the bottom:

8/20/12 - Sandsusky convicted of 134 counts of child molestation. Sentenced to 150 years in prison. Or something like that.

Regardless, hopefully justice is served. I wonder if the victims will sue PSU. I would imagine there should be some form of financial compensation for them.

 

[J. J. in Phila]

Regardless, hopefully justice is served. I wonder if the victims will sue PSU. I would imagine there should be some form of financial compensation for them.

Some of them, Victim 1 for example, have no case; Sandusky wasn't even working there and the offenses didn't happen there.

A lot might have a stronger claim against Second Mile.

 

[BrownRice]

Some of them, Victim 1 for example, have no case; Sandusky wasn't even working there and the offenses didn't happen there.

A lot might have a stronger claim against Second Mile.

Do you believe Victim 1 is not credible (or a victim at all)? Or, do you believe there is just not enough/any evidence?

 

[J. J. in Phila]

Do you believe Victim 1 is not credible (or a victim at all)? Or, do you believe there is just not enough/any evidence?

I actually think Victim 1 is one of the more credible victims. He never claimed that anything happened on the Penn State campus, IIRC. Sandusky wasn't even employed there at that point 2005-09.

Victims 2 and 8 would have the strongest case; neither has come forward. In the case of Victim 6, the University acted promptly, but the DA's Office didn't pursue the case.

Some of the others have a stronger case against Penn State.

 

[StellarsJay]

Looking over Sara Ganim's shoulder-- she lists the jurors with their distinguishing features- her own memory-aid, I think.
http://www.pennlive.com/midstate/index.ssf/2012/06/jerry_sandusky_trial_jury_breakdown.html