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Sue, Jay Paterno among prosecution witness list in Sandusky Trial

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June 5th, 2012 at 12:57 PM
#1
justingoblue
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Joined: 11/16/2010
MGoPoints: 10854
Sue, Jay Paterno among prosecution witness list in Sandusky Trial

Other names on the list include members of Sandusky's family, the entire McQuery bunch, and alleged victims. Jury selection started yesterday, with more than 150 still left in the jury pool.

ESPN story.

Go Blue!

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June 5th, 2012 at 1:06 PM | fairly obvious prediction: (Score:3 Normal)
Erik_in_Dayton
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Joined: 12/03/2008
MGoPoints: 6784

This is going to be an extremely ugly trial even by the standards of this subject matter.  My impression is that the defense is going to attack the witnesses for issues that aren't directly related to Sandusky and also argue that some of what happened was consensual...It also seems like the defense is going to try to conjure the ghost of Joe Paterno, via his son and widow, to testify to Sandusky's character.  The benefit the defense has is that Sue and Jay can say he was a great guy but also claim that they don't know why Joe fired him when he did.

It's tough to make predictions, especially about the future. -- Yogi Berra

                         

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June 5th, 2012 at 1:07 PM | They were underage (Score:5 Normal)
Blazefire
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It doesn't matter if they showed up to that locker room naked, rubbed in butter with a sign that said "Please Do Me" strung around their necks. There is no such thing as consensual underage physical relationships.

"This is the EMU game, not the emo game."
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June 5th, 2012 at 1:13 PM | "underage" (Score:3 Normal)
Erik_in_Dayton
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The age of consent in PA is apparently 16. 

It's tough to make predictions, especially about the future. -- Yogi Berra

                         

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June 5th, 2012 at 2:07 PM | EDIT: (Score:3 Normal)
Erik_in_Dayton
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My memory is not consistent with the findings of Google.  I thought PA had a particularly odd law re: consent and at minors of a certain age, but I can't find it.  I also only see speculation that Sandusky's attorney may argue that some of what happened was consensual, so about half of what I said was ill-founded. 

It's tough to make predictions, especially about the future. -- Yogi Berra

                         

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June 5th, 2012 at 2:13 PM | Consent in PA (Score:4 Normal)
nmumike
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Joined: 10/28/2010
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Pennsylvania

The age of consent in Pennsylvania is 16 years of age for sexual consent but a corruption of minors statute against adults corrupting the morals of minors under 18 years' of age exists which makes the de facto age of consent in Pennsylvania 18. However, the corruption of minors statute only applies to perpetrators 18 years of age and older, so it is legal for minors 16-17 to have sex with each other but not with a partner 18 or older.

Teenagers aged 13, 14 and 15 may or may not be able to legally engage in sexual activity with partners who are less than 4 years older. Such partners could not be prosecuted under statutory rape laws, but may be liable for other offenses, even when the sexual activity is consensual.

http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America

"It is better, of course, to know useless things than to know nothing."

"The world is given to me only once..."

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June 5th, 2012 at 2:14 PM | Probably (Score:4 Normal)
BiSB
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MGoPoints: 27875

Consent isn't an issue, and hopefully most of the other victim-related stuff will stay out. Between character evidence rules (FRE 404) and rape shield laws, most of the character assassination stuff (at least re: the victims) will probably be avoided. Besides, attacking child victims (even as adults) is really dicey terrain for a defense attorney.

They no longer call me Bisbiño

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June 5th, 2012 at 2:19 PM | I hope you're right (Score:2)
Erik_in_Dayton
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Joined: 12/03/2008
MGoPoints: 6784

This attorney...and I'm trying to be careful in what I say...seems like a risk-taker, and one can imagine a situation in which an initially acceptable attack on someone's credibility turns into something else. 

 

It's tough to make predictions, especially about the future. -- Yogi Berra

                         

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June 5th, 2012 at 3:25 PM | Meh, I'm not careful (Score:3 Normal)
BiSB
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His lawyer (at least if he's still got the same guy) is batshit insane.

They no longer call me Bisbiño

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June 5th, 2012 at 6:12 PM | It's still Lawyerin' Joe (Score:1)
Urban Warfare
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It's still Lawyerin' Joe Amendola.  This is going to be a farce of a trial, methinks.  Apparently a bunch of prospective jurors showed up to court wearing Penn State gear. 

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June 5th, 2012 at 1:05 PM | As a prosecutor (Score:3 Normal)
Jedelman11
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Joined: 12/15/2008
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As a prosecutor I can tell you that listing witnesses is far more about preserving your right to call them at trial than it is about your actual intent to call them...



That being said, I'd be stunned of they didn't call McQuery. The case is nearly impossible to prove wothout him.

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June 5th, 2012 at 1:26 PM | Yeah... (Score:0 Overrated)
justingoblue
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Joined: 11/16/2010
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I was thinking the same thing with regards to Sue Paterno. I'm not sure what value she could bring a prosecutor and how willing they would be to subject her to cross examination. Jay Paterno seems like he could be useful, McQuery and his father seem essential.

Go Blue!

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June 5th, 2012 at 1:05 PM | hmmm (Score:2)
Blazefire
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Joined: 04/17/2009
MGoPoints: 15738

On one hand, that might be the only jury I wouldn't want to get out of. On the other hand, that case is going to go on for weeks as the defense tries to invalidate each witness. I wouldn't want to be stuck in court that long. Gonna be tough for the defense to find an acceptable jury. I don't know anyone who doesn't already think he's guilty and should fry.

"This is the EMU game, not the emo game."
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June 5th, 2012 at 1:50 PM | For you lawyerly folks around here (Score:3 Normal)
Moleskyn
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Regarding the jury, how can they find one that is going to objectively consider the evidence, and make a decision based on that, rather than acting on their pre-conceived feelings or emotions about this? Is that even the goal in a case as highly publicized as this? Because, unless they find people who are completely cut off from society, won't just about every jury member have heard of the story and already made up their mind about Sandusky?

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June 5th, 2012 at 3:09 PM | Functionally you are correct, (Score:5 Normal)
trublu4781
Joined: 09/09/2010
MGoPoints: 68

Functionally you are correct, there will never be a jury that can be comprised of people totally shut off from society without knowledge of this case.  The fact that a potential juror knows about the story, however, does not necessarily preclude them from serving on the jury.  The attorneys are allowed to ask questions of the jurors thru voir dire and in doing so they have to make some rather subjective evaluations about jurors.  Obviously someone could say "I know all about this guy and he is guilty! GUILTY!!" and they would of course be precluded from service.  The problem is that that kind of stuff almost never happens (unless one wants to get out of jury duty).

Instead, what you have to do as the attorney making their precious few challenges, is to get a feel from the person to see if, although they have heard the story in the news, they will be open minded and true to the judicial proceedings.  The attorneys job is to make sure the jury is properly vetted thru voir dire so that you get the best chance of having people willing to listen to the evidence and act in accordance with the jury instructions.   

Obviously the potential jurors will be asked if they have heard details and, if so, if they have prejudged him one way or another.  Most people in my experience will try to give the "right" answer to that question and say no even when it clearly is "yes yes yes fry the bastard yes" so it becomes a bit of an art for the attorney to "get a feel" for the person and challenge them accordingly.  

It will be a difficult jury selection I would imagine, but the standard does not have to be that someone has never heard of Sandusky at all.  

 

Want to know about me? Well...I've lived awhile and I've done some stuff

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June 5th, 2012 at 1:21 PM | In a sense... (Score:0 Overrated)
French West Indian
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Joined: 12/28/2011
MGoPoints: 928

...does a trial even matter?  Even if he were somehow found not guilty, Sandusky is notorious enough now that his life would be a living hell even if he were free to walk the street.

And given the carnage he caused, it probably only be days before somebody clunked him on the head...or he mysteriously died in an "accident."

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June 5th, 2012 at 1:26 PM | If Sandusky comes back (Score:2)
CRex
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If Sandusky comes back innoncent, some of the other people who were fired because of this can lawyer up and go for wrongful termination and the like.  

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June 5th, 2012 at 1:40 PM | I doubt it (Score:4 Normal)
BiSB
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Joined: 08/15/2009
MGoPoints: 27875

Different burdens of proof, different issues, etc. A not-guilty verdict only says that prosecutors can't demonstrate beyond a reasonable doubt that these things occured based on the evidence they are permitted to introduce. You can fire people on way less evidence than that. Besides, most people weren't fired specifically because Sanducky committed a crime. They were fired for a host of other reasons, such as failing to report suspected abuse and conduct detrimental to the University.

Think of the end of A Few Good Men. They were supposed to fight for people who couldn't fight for themselves. Their actions merit firing, even if Sandusky isn't convicted.

They no longer call me Bisbiño

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June 5th, 2012 at 1:28 PM | I thought the same thing (Score:2)
A-Train7
Joined: 08/29/2010
MGoPoints: 44

I thought the same thing about Casey Anthony.....

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June 5th, 2012 at 1:47 PM | Gotta say that this is one (Score:2)
RakeFight
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Joined: 02/21/2012
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Gotta say that this is one trial that i am just not looking forward to in any way.  And with today's multimedia 24 hours news cycle, not sure if there's going to be any way to avoid it.

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June 5th, 2012 at 2:07 PM | especially since it's going (Score:2)
orobs
Joined: 10/03/2010
MGoPoints: 1729

especially since it's going to be covered like crazy on ESPN

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June 5th, 2012 at 1:50 PM | When did Sandusky get his old (Score:2)
WolverineHistorian
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Joined: 08/10/2009
MGoPoints: 5123

When did Sandusky get his old lawyer back?  The one who knocked up a 16 year old client and let Sandusky be interviewed by Bob Costas on live TV. 

Go Blue!  Always!

http://www.youtube.com/user/WolverineHistorian

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June 5th, 2012 at 2:03 PM | Talk about the last trial in (Score:2)
MaizeAndBlueWahoo
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Joined: 07/02/2008
MGoPoints: 11799

Talk about the last trial in all the trials in all the history of the country that I'd want to be on the jury for.

"We've beaten Michigan the last four years.  So where's the threat?"

- Mark Dantonio

Blogging the Virginia Cavaliers at http://fromoldvirginia.blogspot.com/<

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June 5th, 2012 at 2:03 PM | Slippery Slope Reminder (Score:5 Normal)
BiSB
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For those of you who don't remember the Sandusky Rules from last fall, most pedophilia-related jokes will be deleted, even if they are fairly harmless.

They no longer call me Bisbiño

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June 5th, 2012 at 3:05 PM | Yeah guys, no kidding around (Score:5 Normal)
1484
Joined: 06/21/2010
MGoPoints: 14231

Yeah guys, no kidding around on this one...

Hail.

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June 5th, 2012 at 2:33 PM | I hope he gets what he (Score:2)
NFG
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I hope he gets what he deserves. The man is evil.

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