What Happened in Happy Valley III
On Point with Chris Papst
A few weeks ago, Jerry Sandusky appeared in a Bellefonte courtroom for a pretrial hearing. Five motions were presented to the court concerning bail, jury selection and the release of documents to the defense. As Sandusky sat in his chair listening to the proceedings, I sat directly behind him. Here's what I observed.
First, the former Penn State assistant coach's demeanor did not match the seriousness of the moment; specifically when it came to the motions concerning his jury.
The prosecution requested the jury be selected from outside Centre County. The state argued that it would create a fairer trial since many people in Centre County are connected to Penn State or The Second Mile (the non-profit Sandusky founded to help disadvantaged youth. This is also where he was accused of meeting his alleged victims). The defense, however, wanted a jury from inside Centre County, where the alleged crimes were committed. After both sides argued their positions, the judge called Sandusky to testify. Under oath, the judge asked him a series of questions, during which the 67-year-old appeared to be giggling.
I understand the man has been under tremendous stress, especially if he is not guilty. But there was a serious disconnect between his behavior and the situation. With his age and the scope of the charges against him, this jury will decide if he dies in jail. I don't know Jerry Sandusky, but maybe his conduct was part of his personality. Maybe he was filled with nervous energy and a light laughter was his release. Whatever the reason, his actions were weird.
The second thing I noticed was the prosecution did not seem well prepared. One lawyer to whom I spoke after the hearing told me the state appeared “weak”. And I would have to agree. Their arguments were lacking and the motions they brought forth were quickly dismissed by the judge.
For example, the state requested that Sandusky's bail be changed so that he would not be permitted to leave his home. He is currently on house arrest, which means he is allowed on any structure, such as a deck or patio that is connected to his primary dwelling. The state argued that some neighbors were complaining about him being outside. To further their point, they provided a video shot by one of Sandusky's neighbors where the defendant was on his porch petting his dog. The judge asked what Sandusky was doing wrong to constitute a change in bail. The prosecution had no answer. And there was no answer. The man was simply on his porch petting his dog, which he is allowed to do under the conditions of his bail. The state had nothing.
The judge, at times, even appeared to politely ridicule the prosecution. At one point, the state argued for why the jury should come from outside Center County. They stated that Centre County would afford Sandusky a fair trial, but a jury from outside the county might be better. The judge seemed confused. He asked why an outside jury is needed when the state admits one from inside the county would be fair. The prosecution's lack of a response looked bad.
Meanwhile Sandusky's attorney, Joe Amendola, seemed calm and relaxed. He made strong arguments and easily dismantled all the prosecution's.
As a result, the defense won almost every motion – a likely outcome for anyone watching.
The judge said he would like to see the trail, where Sandusky faces 52 counts of child sexual abuse, start by mid-May. The experts I talk to think that's a bit ambitious. But when this trial does begin, it's bound to be fascinating.
Chris Papst is a two-time Emmy Award winning reporter for CBS-21 News. Follow him on Facebook and Twitter @chrispapst.
First, the former Penn State assistant coach's demeanor did not match the seriousness of the moment; specifically when it came to the motions concerning his jury.
The prosecution requested the jury be selected from outside Centre County. The state argued that it would create a fairer trial since many people in Centre County are connected to Penn State or The Second Mile (the non-profit Sandusky founded to help disadvantaged youth. This is also where he was accused of meeting his alleged victims). The defense, however, wanted a jury from inside Centre County, where the alleged crimes were committed. After both sides argued their positions, the judge called Sandusky to testify. Under oath, the judge asked him a series of questions, during which the 67-year-old appeared to be giggling.
I understand the man has been under tremendous stress, especially if he is not guilty. But there was a serious disconnect between his behavior and the situation. With his age and the scope of the charges against him, this jury will decide if he dies in jail. I don't know Jerry Sandusky, but maybe his conduct was part of his personality. Maybe he was filled with nervous energy and a light laughter was his release. Whatever the reason, his actions were weird.
The second thing I noticed was the prosecution did not seem well prepared. One lawyer to whom I spoke after the hearing told me the state appeared “weak”. And I would have to agree. Their arguments were lacking and the motions they brought forth were quickly dismissed by the judge.
For example, the state requested that Sandusky's bail be changed so that he would not be permitted to leave his home. He is currently on house arrest, which means he is allowed on any structure, such as a deck or patio that is connected to his primary dwelling. The state argued that some neighbors were complaining about him being outside. To further their point, they provided a video shot by one of Sandusky's neighbors where the defendant was on his porch petting his dog. The judge asked what Sandusky was doing wrong to constitute a change in bail. The prosecution had no answer. And there was no answer. The man was simply on his porch petting his dog, which he is allowed to do under the conditions of his bail. The state had nothing.
The judge, at times, even appeared to politely ridicule the prosecution. At one point, the state argued for why the jury should come from outside Center County. They stated that Centre County would afford Sandusky a fair trial, but a jury from outside the county might be better. The judge seemed confused. He asked why an outside jury is needed when the state admits one from inside the county would be fair. The prosecution's lack of a response looked bad.
Meanwhile Sandusky's attorney, Joe Amendola, seemed calm and relaxed. He made strong arguments and easily dismantled all the prosecution's.
As a result, the defense won almost every motion – a likely outcome for anyone watching.
The judge said he would like to see the trail, where Sandusky faces 52 counts of child sexual abuse, start by mid-May. The experts I talk to think that's a bit ambitious. But when this trial does begin, it's bound to be fascinating.
Chris Papst is a two-time Emmy Award winning reporter for CBS-21 News. Follow him on Facebook and Twitter @chrispapst.
