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Sandusky Waives Preliminary Hearing
Per CNN his defense lawyers are encouraging Sandusky to tell his side when he's ready. They want to "think outside the box". I do not understand why they are doing this when his last interview went so badly. Maybe trying to taint the jury pool and claim unfair trial?
It basically reaffirms everything that has been said here - it's a tactical move, and Sandusky did of course vow, "to fight for 4 quarters", although all this makes me believe that eventually, there is a plea deal in this mess somewhere, or at least an attempt at a plea bargain. It looks really bad for Sandusky, and I have a difficult time believing he would fight this to the last, if you will. Given the magnitude of his crimes though, I can't believe that any plea offer wouldn't be regarded as "too light" (and in my mind, it would be exactly that). Life, what he has left of it, seems about right to me.
This whole Mike McQueary thing is still pretty confusing. The grand jury report said he witnessed a rape and only told Paterno (and his father.) About a week after the news first broke, a friend said that McQueary told him he saw the rape and told the police as well as Paterno. Now a fellow coaching assistant says McQueary told him he never saw a rape, just that he heard "sex sounds," and saw Sandusky pop his head around the door of the shower.
Sandusky's slimey lawyer seems pretty convinced that these conflicting reports are going to help him out. But this doesn't include the other 9 victims own ordeals.
in this instance, will be more corroborative than anything else. The actual victim's testimony will hold far more weight and McQueary's testimony will only serve to place the victim in the shower with Sandusky and not as evidence as to the nature of the acts/abuse.
If it were a case where there was 1 victim and no other witnesses, Sanduskey would have a much better shot at reasonable doubt and the McQueary inconsistency might matter. But, at this point it will be nearly impossible for Sandusky to deny he was there, especially since he has already admitted to this in an interview.
Preliminary hearings are often waived. Their only legal purpose is to establish probable cause. No one doubts that the prosecution can establish that in this case, and the practical effect would be to stir up more adverse publicity and further poison the jury pool, in the event that Sandusky goes to trial.
Although defendants sometimes waive a preliminary hearing when they expect to plead guilty, they may also waive it for tactical reasons. That is probably what is going on here. The fact that Sandusky has said he is not considering a plea is not meaningful. Plenty of people say that, only to agree to a plea later on.
The problem for Sandusky is that any plea acceptable to the state would probably carry the functional equivalent of a life sentence. There is therefore not much incentive for him to plead guilty, other than genuine remorse, and so far there is no evidence he feels any of that.
It doesn't sound like Joe Amendola knew what 1-800-REALITY is really about when he made that reference. Personally, Sandusky needs a new lawyer (not that I think it'll help him that much the way things are going).