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Sandusky withdraws recantation claim; latest appeal dismissed

By From staff reports 2 min read
AP file photo/GENE J. PUSKAR Former Penn State University assistant football coach Jerry Sandusky arrives at the Centre County Courthouse, Friday, Nov. 22, 2019, in Bellefonte.

HARRISBURG -- Jerry Sandusky's latest attempt to challenge his 2012 child sexual abuse conviction was dismissed Tuesday after he withdrew a claim that one of the victims in the case had recanted, according to the Pennsylvania Attorney General's Office.

A Centre County judge formally dismissed Sandusky's petition under the Post Conviction Relief Act after questioning Sandusky about his decision to withdraw the claim.

Sandusky, a former Penn State assistant football coach, was convicted in 2012 of sexually abusing multiple boys and was sentenced to 30 to 60 years in prison. Prosecutors said Sandusky gained access to some of the victims through The Second Mile, a charity he founded for at-risk youth.

Sandusky has filed multiple challenges to his conviction since 2012.

His latest petition included a claim that one of the victims had recanted allegations against him. The court had provided Sandusky an opportunity to present evidence supporting that claim at an evidentiary hearing, according to the Attorney General's Office.

Sandusky instead declined to proceed with the claim and withdrew it Tuesday. The court questioned Sandusky to confirm that he intended to withdraw the claim before dismissing the petition.

Prosecutors said they were prepared to challenge the alleged recantation with testimony from six witnesses and other evidence. The Commonwealth placed an offer of proof on the record describing the evidence it would have presented had the hearing proceeded.

Prosecutors also raised concerns about what they described as the defense's failure to comply with a court order requiring the disclosure of materials related to proposed defense witnesses and the alleged recantation.

The order required the defense to provide post-trial interviews, statements or accounts from proposed witnesses that addressed the victim's allegations of sexual abuse, trial testimony or the subsequent recantation claim, according to the Attorney General's Office.

Attorney General Dave Sunday characterized the petition as another attempt by Sandusky to overturn his conviction and said prosecutors had substantial evidence prepared to challenge the alleged recantation.

Senior Deputy Attorneys General Cari Mahler and Jaime Keating represented the Commonwealth in the post-conviction proceedings.

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