Sandusky's attorney requests delayed start of trial; former coach McQueary intends to sue Penn State

By Jon Campisi | May 10, 2012

The attorney representing accused child molester Jerry Sandusky has filed court papers seeking to have the judge overseeing the sex-abuse case push back the trial’s June 5 start date.

Defense attorney Joseph Amendola filed his motion for continuance May 9 at the Centre County Court of Common Pleas.

Amendola says his request comes in light of the fact that there still remains outstanding discovery issues in the case, and because he needs time to review materials that have just been made available by prosecutors to the defense team.

Amendola wrote that he still awaits other case materials that have yet to be given to him, another reason for the requested delay in the scheduled proceedings.

“Defendant’s counsel is very concerned he will be unable to effectively and adequately represent the Defendant at trial if the Defendant’s cases are not continued for all the reasons set forth hereinabove,” Amendola’s motion reads.

In his motion, Amendola wrote that he believes the commonwealth’s investigation into Sandusky’s alleged misconduct is continuing and will require prosecutors to turn over additional materials to the defense team in the “foreseeable future.”

The trial, which was originally scheduled to start in May, had been pushed back by Judge John Cleland to early June, but not because of any other reason than a need to address logistical issues, the judge had previously written in an order.

Amendola’s motion also lists additional materials the lawyer claims he is waiting for the prosecution to deliver, including certain phone records relating to Sandusky’s accusers.

The defense has maintained all along that some of the alleged victims knew each other prior to the beginning of the commonwealth’s investigation, and that they may have “communicated and collaborated” with one another, the motion states.

“The Defendant submits the requested phone records from the aforementioned carriers represent critical information which he needs in order to properly and adequately prepare his defense to the charges brought against him by the Commonwealth in these matters,” the motion states.

The motion also states that the defense team will need additional time to locate and interview potential witnesses who only became known to the defendant following the receipt of certain prosecutorial discovery materials.

The motion comes a day after former Penn State University assistant football coach Mike McQueary announced that he intends to sue the school.

The writ of summons, which signals pending litigation, was filed at the Centre County Common Pleas Court by a lawyer representing McQueary, whose reports of Sandusky, the former defensive coordinator for the Nittany Lions, allegedly abusing a young boy in the athletic showers on campus led to the firing of legendary football coach Joe Paterno.

Paterno died soon after his ouster.

The court filings submitted by McQueary’s attorney indicates the potential litigation against Penn State could be a whistleblower suit.

The writ, a copy of which was not immediately available, was first reported May 8 by the Centre Daily Times of State College, Pa.

The newspaper reported that McQueary is being represented by Harrisburg attorney Elliot Strokoff.

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