Jerry Sandusky's attorney will use Brady violations in long-shot request for new trial
By
Ray Blehar
February 25, 2019, 9:08 PM, EST, Updated 9:40 PM EST
In a small meeting room at the Country Garden Inn of State College, Sandusky's defense attorney Al Lindsay stated he would utilize Brady violations by the Office of Attorney General (OAG) as a means to get a new trial.
Lindsay was the headliner of a panel that included
former NCIS Agent John Snedden, independent author/blogger Ralph Cipriano of
BigTrial,net, and former Penn State University assistant football coach Dick Anderson. The panel was emceed by WRSC radio's Jeff Byers -- a friend and ardent supporter of the Sandusky family.
While Lindsay appeared not to have a complete strategy in place at the moment for his request to the Pennsylvania Supreme Court, he offered that in order to win a new trial he had to prove that judicial precedence was violated at the June 2012 trial.
Brady v. Maryland requires that the prosecution must turn over all exculpatory evidence that might exonerate the defendant.
Lindsay argued, and won, that Brady was violated in Sandusky's Post Conviction Relief Appeal (PCRA). Specifically, he argued that the interview notes showing that the accusers had changed their stories several times prior to trial should have been part of discovery for the case.
Even though he won on that specific argument, the Superior Court argued that the violations were not significant and that Sandusky's trial attorney was able to use the new/different testimony from the witnesses in an effort to impeach them.
Winning a decision for a new trial based upon the Brady violations could be a long-shot.