Disgraced former Penn State assistant football coach Jerry Sandusky, 82, is seeking to move his appeal for a new trial to federal court, according to reports. Sandusky has been serving a lengthy prison sentence since his 2012 conviction on 45 counts of sexual abuse, with eight young men testifying about their experiences as boys.
A court hearing in Centre County, previously scheduled for September 8, was intended to address claims that one of the accusers wishes to recant his testimony. However, Sandusky's attorneys have opted to seek a federal court remedy instead of proceeding with the state hearing. An investigator assisting Sandusky's legal team, Frank Parlato Jr., told ESPN that paperwork is expected this week to withdraw from the state hearing.
The accuser, identified in court documents as R.R., was one of the 10 young men who testified against Sandusky. Six of the 45 charges against Sandusky were attributed to R.R., who stated that Sandusky abused him on multiple occasions in 1998 and 1999. R.R. has since claimed that he was coached by authorities and assured compensation in subsequent civil proceedings. In an affidavit filed by Sandusky's attorneys, R.R. stated, "I was told - both directly and indirectly - that trauma may have fragmented my memory, and that I could safely affirm details I did not fully recall. I was assured this was common and even expected."
Sandusky's attorneys have argued in court filings that the allegations were "based on suggestive leading questioning, prosecutorial coercion and influence, confirmatory bias and memory manipulation, which permeated throughout each of the accusers as well." The Pennsylvania Office of Attorney General has described R.R.'s recantation as "highly suspect."
Sandusky's legal team had also intended to present additional evidence suggesting a flawed investigation and biased prosecution, but their efforts were reportedly blocked by the presiding judge. This has led to the pursuit of federal habeas relief, a process that typically requires the exhaustion of state court remedies first.
Sandusky has expressed a lack of faith in receiving a fair hearing in Centre County, citing previous attempts to bring issues before Pennsylvania courts that he believed proved his innocence, all of which were dismissed. "Every one was swatted down," Sandusky stated via ESPN. "I have no faith this one would be treated differently, no matter how compelling the evidence. In federal court, every one of those issues can be heard together by judges who have not already made up their minds about me... I need to get there as fast as possible. I am 82 years old. I am innocent. I intend to be alive when the truth is heard."
Sandusky, the former defensive coordinator for Penn State's Nittany Lions, coached under Hall of Fame head coach Joe Paterno. The scandal surrounding his abuse led to Paterno's dismissal and resulted in the university paying over $100 million to victims. Authorities stated that Sandusky found and groomed boys through The Second Mile, a charity he founded for at-risk youth. Sandusky has consistently maintained his innocence, stating in a 2019 court appearance, "I apologize that I'm unable to admit remorse for this because its's something that I didn't do."
At the time of his trial, R.R. was 25 years old and testified that he was 11 when the abuse occurred in 1998. He stated that Sandusky told him, "He told me that if I told anybody that I would never see my family again," adding that Sandusky later apologized and said "he loved me."