The judge presiding over the upcoming Jerry Sandusky child molestation trial granted a defense request to have certain information pertaining to the alleged victims turned over by the prosecution.
In a March 20 order filed at the Centre County Court of Common Pleas, Judge John M. Cleland ordered prosecutors to turn over the current addresses and phone numbers of the alleged victims as well as the addresses and phone numbers of the victims as of the date of the alleged offenses.
The judge also ordered prosecutors to give to the defense the record of any juvenile adjudication of any witness the commonwealth intends to call to testify during trial, but only if the record contains an adjudication for any offense that would be admissible to attack the credibility of any of the alleged victims.
Cleland also gave prosecutors seven days in which to explain why they believe psychological evaluations of any of the alleged victims should not be given to the defense team.
The judge issued his order in response to a request by Sandusky’s lead defense attorney, Joseph Amendola, that was made a week ago in which the lawyer sought juvenile records that he believes might prove the former Penn State assistant football coach was set up by his accusers.
According to local media reports, prosecutors argued against making available the psychological reports on the alleged victims, maintaining they should fall under doctor-patient privilege, even though the doctor-patient relationship developed out of a criminal investigation.
Cleland’s ruling also states that if prosecutors object to the release of any information relating to the ongoing statewide grand jury investigation, their objection would be sustained if the supervising judge determines the information sought cannot be divulged because of grand jury secrecy rules.
“If the Supervising Judge determines that the information sought is not associated with any past or ongoing grand jury investigation, or if it is so associated nevertheless authorizes me to direct its disclosure if the information is otherwise appropriate under [state law] or any applicable Pennsylvania Rule of Evidence, then I will reconsider counsel’s request,” Cleland wrote in his order.
Sandusky, the former defensive coordinator for the Penn State Nittany Lions football team, stands accuses of sexually abusing 8 young boys dating back to the 1990s.
He was arrested in November following a grand jury investigation into his alleged sex crimes against the then-minors.