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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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31.

Kaffee    

I heard on the news that there is a rumor of a plea deal. Makes sense considering the waiving on this prelim.

990 days ago
32.

Celebrities Suck    

pervert, when you go to jail they'll be doing to you in the shower what you did to those poor kids.....

990 days ago
33.

kel    

Perhaps he is laying the groundwork for an appeal.

990 days ago
34.

buzz kill    

I guess his lawyer is not a NAMBLA member. I hope this guy gets whats coming to him soon. Seeing him in the news all the time makes me sick. Fry him, and get on to the next one.

990 days ago
35.

Dawn    

The first thing I thought when I heard this is that they must be in talks with the prosecution about pleading guilty. If his team plans on going to trial after waiving the prelim, then he really has some incompetent counsel.

990 days ago
36.

Derwood    

I'm not a lawyer but I have to agree with the defense lawyers polled for this article. The only advantage I can see to skipping the preliminary hearing and thus delaying the testimony of the alleged victims would be to delay the absolute conviction of Sandusky in the realm of public opinion and avoid possibly tainting the jury pool. Not taking a plea deal does make him seem less guilty but I think his ship is sinking.

990 days ago
37.

madchat33    

My biggest worry... if this idiot is out of jail right now, he's going to commit suicide before anyone can get their hands on him and before the victims can have their day in court.

990 days ago
38.

Pimpcessa    

What are the chances that the defense is looking for a mis-trial, based on incompetant counsel? I mean, as far as money goes, this attorney can retire after this case, considering this is NOT just about Sandusky. If they prove their allegations to be true, get ready for the school and police department to get sued BIG TIME!

And something tells me that between the college, the cops and the rest of the **** heads involved in this cover-up, they got some money to give out to save their hairy azzzzzz's.

Just my opinion. Not sure if that's possible legally, but what the hell, it's a thought...

990 days ago
39.

Michael Jackson Was A Pedo    

Or maybe the lawyer knows his client is guilty as hell and wants to put the pedophile away by sabotaging his defense.
He's like the lawyer version of Dr. Conrad Murray. Get rid of the sick pedophile by any means possible.

990 days ago
40.

big luke    

jerry should have hired micheal jackson defense team it work for him! calling dr murray.

990 days ago
41.

Pierre    

Ok here is how it will go

Trial Comes
He pleads Guilty
No evidence needed
Off to jail
End of story

990 days ago
42.

C    

Maybe Sandusky just wants to celebrate Christmas with his family and then has plans to commit suicide. *crossing fingers*

990 days ago
43.

george fudge!    

Maybe he wants to get into the State Penitentiary shared showers ASAP!

990 days ago
44.

sara    

everytime is see this bastard's face, I wanna throw up!

990 days ago
45.

Lori    

GOOD! I hope he is found as guilty as we all know he is!

990 days ago
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