A janitor who saw Sandusky pinning a young boy against the shower wall and performing oral sex upon him cannot be trusted by the court since the janitor is now suffering from dementia and ‘incompetent to testify.'
A mother who confronted Sandusky over showering, soaping up and bear-hugging her 7-year old son from behind is a charge with ‘insufficient evidence.' The alleged victim has grown up and now serving in the military stationed outside the U.S.A. The jury cannot subpoena him presently affecting Sandusky's rights of ‘due process of law.'
In a 95-page petition to Centre County Court, Sandusky's lawyer Joe Amendola told the court that "The Defendant submits his due process rights ... will be violated if he is forced to proceed to trial ... because he cannot adequately prepare and present a defense to those charges due to the lack of specificity contained therein."
Sandusky has repeatedly submitted applications to get more precise information about the charges on him. However Judge John Cleland had dismissed those queries because the prosecutors have no further information to provide than what has already been communicated to the accused.
Sandusky is accused of using his position as Penn State coach to abuse 10 boys over a 15-year period. The child abuse scandal had thrown open the locker-room action in college football and resulted in the dismissal of legendary coach Joe Paterno and University President Graham Spanier.
Sandusky, now 68, is under house arrest.
Sandusky's lawyer has asked that the trial be delayed, if the petition for outright dismissal is not allowed. It is pertinent to mention that coach Paterno, who lost his job following accusations on Sandusky, has already died of old age. A delay in trial can greatly facilitate and increase the possibilities of Sandusky dying a natural death before having to do time for crime.
Sandusky was recently allowed by the court to visit his grandchildren.
The case is Commonwealth of Pennsylvannia v Gerald Arthur Sandusky, Court of Common Pleas of Pennsylvania, no.CR-393-2011.
