Friday, June 1, 2012

Pa. appeals court denies Sandusky's delay request

FILE - This April 5, 2012 file photo shows Jerry Sandusky arriving at the Centre County Courthouse in Bellefonte, Pa. Sandusky, facing trial next week on charges he sexually abused 10 boys, on Thursday asked a state appeals court to review his case and to delay the criminal proceedings against him. (AP Photo/Matt Rourke, File)

FILE - This April 5, 2012 file photo shows Jerry Sandusky arriving at the Centre County Courthouse in Bellefonte, Pa. Sandusky, facing trial next week on charges he sexually abused 10 boys, on Thursday asked a state appeals court to review his case and to delay the criminal proceedings against him. (AP Photo/Matt Rourke, File)

HARRISBURG, Pa. (AP) ? Jerry Sandusky's child sex-abuse trial remained on track to start next week after a Pennsylvania appeals court on Friday turned down his latest request for a delay.

A Superior Court panel issued a one-paragraph order denying the former Penn State assistant football coach's petition seeking its review of the matter, granting his application to seal the defense filing and deeming as moot his request for a stay.

Sandusky, 68, was arrested in November and faces 52 criminal counts for the alleged abuse of 10 boys over 15 years, allegations he denies. Jury selection is scheduled to begin in a central Pennsylvania courthouse on Tuesday.

Sandusky's lawyers took the matter to the appeals court late Thursday, after the trial judge turned down the delay request. The defense team said it wanted more time to review material from the prosecution and said a delay was warranted so their experts and potential witnesses could be available at trial.

Judge John Cleland, who will preside over the trial, wrote that another issue involved grand jury secrecy, so the motion for a continuance had been filed under seal.

Cleland has not ruled on the defense's effort to have the charges thrown out. Sandusky's lawyers have argued that in some instances the allegations are too vague, and in other cases would rely on impermissible hearsay or lack sufficient to put the charges before a jury.

The judge also has not addressed requests by five alleged victims for a court order that would prevent their identities from being disclosed to the public.

Jurors will be chosen from among residents of the area around State College where Sandusky lives, also home to Penn State's main campus. Opening statements are expected June 11.

Associated Press

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