An interesting story in the Legal Intelligencer on Sandusky's latest PCRA filings concerning two of the key issues still open in Sandusky's PCRA. The issues are the Grand Jury leaks and the use of repressed memory therapy. Sandusky would like to see dismissal of all charges related to eight accusers who came forward after the initial Grand Jury Leaks to Sara Ganim on or before March 2011 as well as an in camera review of therapy notes for accusers who used repressed memory therapy. Here is the article by Max Mitchell of the Legal Intelligencer.
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More than a week after the conclusion of his post-conviction hearing, convicted serial child molester Jerry Sandusky is asking the court to allow him to review the mental health records of several victims who claimed their memories of being abused by Sandusky were repressed and later recovered through therapy.
Sandusky filed two motions made public Thursday afternoon, one of which asked the court for an in camera review of therapy records from several accusers, including Sandusky’s adopted son, Matt Sandusky. The other motion asked the court to dismiss all charges related to the claims of eight accusers who came forward after news of an investigation into Sandusky became public through what the defendant has characterized as a potential breach of grand jury secrecy.
Sandusky, a former Penn State football coach, was convicted in 2012 on 45 of 48 counts related to sexually abusing numerous children. In August, the Centre County Court of Common Pleas held a three-day hearing regarding Sandusky’s claims that his trial counsel had been ineffective and that he had been the subject of prosecutorial misconduct. The post-conviction proceedings are part of Sandusky’s effort to win a new trial on the charges.
Much of the questioning during that hearing focused on the source of that alleged grand jury leak, with Sandusky’s attorney, Al Lindsay, questioning former prosecutors about the source of the information.
One of the briefs filed Thursday said tossing all claims that arose after the leak would be the best remedy for the alleged prosecutorial misconduct. The brief cited a review of the prosecution conducted by H. Geoffrey Moulton on behalf of the state Attorney General’s Office as evidence of the leak.
“In light of the Moulton report’s indication that the leak of the grand jury material is what drove the case from being a flawed case with a single unreliable victim to the litany of alleged victims with stories of abuse, it is beyond cavil that Mr. Sandusky was prejudiced by the leaking of grand jury material,” the brief said. “Dismissal of the charges against Mr. Sandusky is the appropriate remedy, as it is evidence that the commonwealth would not have identified victims 3-10 without the grand jury leak to the media.”
Both Lindsay and the attorney general’s press office did not immediately return calls for comment.
http://www.thelegalintelligencer.co...e Legal Intelligencer&slreturn=20160802140455
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More than a week after the conclusion of his post-conviction hearing, convicted serial child molester Jerry Sandusky is asking the court to allow him to review the mental health records of several victims who claimed their memories of being abused by Sandusky were repressed and later recovered through therapy.
Sandusky filed two motions made public Thursday afternoon, one of which asked the court for an in camera review of therapy records from several accusers, including Sandusky’s adopted son, Matt Sandusky. The other motion asked the court to dismiss all charges related to the claims of eight accusers who came forward after news of an investigation into Sandusky became public through what the defendant has characterized as a potential breach of grand jury secrecy.
Sandusky, a former Penn State football coach, was convicted in 2012 on 45 of 48 counts related to sexually abusing numerous children. In August, the Centre County Court of Common Pleas held a three-day hearing regarding Sandusky’s claims that his trial counsel had been ineffective and that he had been the subject of prosecutorial misconduct. The post-conviction proceedings are part of Sandusky’s effort to win a new trial on the charges.
Much of the questioning during that hearing focused on the source of that alleged grand jury leak, with Sandusky’s attorney, Al Lindsay, questioning former prosecutors about the source of the information.
One of the briefs filed Thursday said tossing all claims that arose after the leak would be the best remedy for the alleged prosecutorial misconduct. The brief cited a review of the prosecution conducted by H. Geoffrey Moulton on behalf of the state Attorney General’s Office as evidence of the leak.
“In light of the Moulton report’s indication that the leak of the grand jury material is what drove the case from being a flawed case with a single unreliable victim to the litany of alleged victims with stories of abuse, it is beyond cavil that Mr. Sandusky was prejudiced by the leaking of grand jury material,” the brief said. “Dismissal of the charges against Mr. Sandusky is the appropriate remedy, as it is evidence that the commonwealth would not have identified victims 3-10 without the grand jury leak to the media.”
Both Lindsay and the attorney general’s press office did not immediately return calls for comment.
http://www.thelegalintelligencer.co...e Legal Intelligencer&slreturn=20160802140455