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Jerry Sandusky's Legal Move

Worst Strategy Ever

12/13/2011 10:12 AM PST BY TMZ STAFF

Jerry Sandusky Penn State
Some of the top criminal defense lawyers in L.A. tell TMZ ... they are "astonished" that Jerry Sandusky's lawyer waived his right to a preliminary hearing, because it would have been the only possible way the former Penn State assistant coach could've beaten the child molestation rap.

The lawyers were unanimous -- the prelim was the ONLY opportunity Sandusky's attorney had to test the veracity of the alleged victims before the trial.  As one criminal defense lawyer put it, "The prelim is where the lawyer can lock down the victim's story.  It's the only time Sandusky's lawyer can probe as to why such a long delay in reporting the crime." 

Crimes that are not reported for years create inherent problems for prosecutors, not the least of which are fading memories and exaggerations over time.  There's also a "me too" dynamic in these cases -- people riding the wave and saying they were also victims.  The prelim is where the defense can mine these weaknesses.

One of the defense lawyers we spoke with scoffed at Sandusky's statement this morning ... that he will fight for four quarters:  "Waiving the preliminary hearing is like laying down on the field for the first half of the game."

The lawyer said, "If Sandusky's lawyer is worried about bad publicity, it's not like it could get any worse," adding, "The decision to waive prelim is mind-numbingly stupid."

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76 COMMENTS

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16.

Zghying    

I think it is giving him more time to figure out the best/easiest way to kill himself. If he actually shows up for the trial I'll be surprised.

961 days ago
17.

Patrick Henry    

I'm glad this is one less time that the victims have to relive their horrors. Also I agree in limiting the publicity surrounding this case. As far as how much time it took, that is total BS: people reported it and nothing was done and also people witnesses the abuses and did nothing. It's like the Catholic priests abuse, people did try to talk long ago and the church did nothing other than to cover up. If the victims testimony were made public at this time the media would twist that ans then whatever is sad can be used against them in the court room. Also Sandusky can complain about a tainted pool and witnesses and have the venue moved.

No one knows the names of the victims yet and I hope they remain anonymous until their day in court. This guy is no Michael Jackson with tons of money so I doubt there will be any false witnesses out for money. As males I am sure it is quite shaming anyway to admit being diddled by another man in this society. Yes the defense will do all it can to discredit their character and stories anyway.Always the rape victim is put on trial. Some of hem have tried to move on with life and will have to relive it all over again. As with any pedophile the abuse happens over many decades and they always talk out of being caught being sociopaths that they are.

961 days ago
18.

Tammy    

I would think that after the accuser gets on the stand and says his allegation, Jerry's attorney will ask "Do you have any proof?" The accuser will more than likely say "No." I can certainly understand why this case is all over the media, but a court of law reauires proof and without it, a person shouldn't be convicted. Of course, it does happen.

961 days ago
19.

good as gold    

LOL @ some of the top criminal defense lawyers in L.A. believing that waiving his right to a preliminary hearing would have been the only possible way that Sandusky could have beaten the child molestation rap. The more hearings and depositions there are in a case the more money attorneys make! By waiving his right to a preliminary hearing his attorney gets paid less and Sandusky has the right to view depositions and evidence by the prosecution immediately. I advise anyone in legal trouble to never waive your rights to a speedy trial at a preliminary hearing because it gives the prosecution more time to gather evidence against you. This will also save you tons of money which means less money for attorneys who could give a crap if you are guilty or not. I know this is hard to believe but most attorneys [if not all attorneys] only care about billable hours at same ridiculous rate. They don't care if you are guilty or not.

961 days ago
20.

HARRY NIPPLES, Jr.    

Every one of these legal pundits should be brought up on malpractice charges for advocating without discovering all the relevant facts. Let Sandusky's lawyer - the one with all the actual facts - make the decisions.

961 days ago
21.

John T.    

Hope he rots in Hell and his wife too .

961 days ago
22.

flora68    

Did you hear about this part? Jerry Sandusky's lawyer,Joe Amendola (a sex-offender HIMSELF who literally fathered a child WITH a child he was representing), says that if you believe former Mike McQueary's story you should "dial 1-800-REALITY". But 1-800-REALITY is a $2.99 per minute gay-SEX line.

Real smooth, shyster! Why not just get Jerry to do ads for KY jelly?

Obviously Jerry latched onto this incompetent sleaze for a reason; his lawyer has sex much the same way Jerry does-with children. Don't understand why he wasn't disbarred years ago...

961 days ago
23.

flora68    

Did you hear about this part? Jerry Sandusky's lawyer,Joe Amendola (a sex-offender HIMSELF who literally fathered a child WITH a child he was representing), says that if you believe former Mike McQueary’s story you should ‘dial 1-800-REALITY.’ The thing about that number is, it's a $2.99 per minute gay-SEX line. Real smooth, shyster.

Obviously Jerry latched onto this guy for a reason; he has sex much the same way-with children. Don't understand why he wasn't disbarred...

961 days ago
24.

HARRY NIPPLES, Jr.    

Also, keep in mind that other than contradictory statements made by an assistant coach - one version for the GJ, another for Twitter, another in an email and yet another just yesterday which contradicts all of his earlier statements - there is no actual evidence to support these accusations. Just accusations. If Sandusky did it, he should be locked away, but there isn't any real evidence yet one way or the other.

961 days ago
25.

Griff    

When an older woman goes after a younger male, she is called a cougar. When an older man goes after a younger male, he is a nittany lion.

961 days ago
26.

*78    

This is the same lawyer who volunteered Sandusky to talk on that NBC news special 15 minutes before it started. Then as the lawyer sat at the interview, his client was on the phone. He had no way to stop Sandusky from incriminating himself, which he did when he himmed and hawed for 30 seconds when asked if he was attracted to young boys. This lawyer is terrible, but thankfully that will help put this sick pervert in prison where he will get molested for the rest of his sick life.

961 days ago
27.

Maggie    

Do you think this is so when Sandusky is (most likely) convicted he can file an appeal on the basis of bad advice from his attorney?

961 days ago
28.

KP    

If I had to guess, I'd agree that he's still trying to control the victims by preventing them from testifying and negotiating a plea deal to ensure they never do. I will be surprised if this actually goes to trial.

961 days ago
29.

cody    

i think jerry whatever hisname is he need to be in a jailcell that were he be there for 57 years for what he had done to them best people and i think he should never ever be by any little kid s for the rest of his life .

961 days ago
30.

LilNemo    

I am an experienced criminal defense lawyer. I never would have recommended that Jerry Sandusky waive his preliminary examination, especially if my client and I planned on taking the case to trial. The complainants (alleged victims) must testify under oath at the exam. Later, at trial, they can be impeached when their trial testimony conflicts with their exam testimony made under oath. That kind of impeachment creates a reasonable doubt in the minds of jurors--especially when the alleged incidents are so old. I have not been impressed with Jerry Sandusky's lawyer. Only a moron would allow his client to make statements that constitute classic homosexual predator pedophilia: I showered with the boys, I like to touch their legs (Sandusky); Maybe he did molest boys (his lawyer). Lawyers are also advocates for their clients; as such, they should tell their clients to zip the lip and the lawyer should follow that advice too. Dreadful client, dreadful advocate.

961 days ago
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