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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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46.

dawn    

so now after he is found guilty (and he most certainly will be) he can claim mistrial? hopefully someone saves the taxpayers money and deals out a little "jailhouse justice"

1012 days ago
47.

country_justice    

He is gonna run...They better be watching him

1012 days ago
48.

UPYOURS    

This guy not only looks dumb, he IS dumb. His attorney(s) are idiots too. Basically, each and every move they have made, letting him talk to the media and now waiving the prelim, he is going down HARD. Couldn't happen to a nicer guy.

1012 days ago
49.

Joao    

That's right TMZ and crew, analyze what the bad guys did wrong, like you did Lindsey and give them a couple pointers.

1012 days ago
50.

Missy    

If a plea deal isn't in the works, yes, that was dumb. Just hope this sicko goes to jail for a while.

1012 days ago
51.

WhyNot    

He will not repent. He will not admit to wrongdoing. He will not submit to the law that rules all others. I predict that before he gets to trial, he will plead 'no contest' if that is an option or he will commit suicide. Either way he will not accept responsibility, discipline or justice. He will deny his victims the right to see him punished and their ability to heal. He needs to be put on a suicide watch in order to make him stand trial.

1012 days ago
52.

RandomE    

Maybe he did that to spare his wife the agony of this becoming more public than it already is. What a shame. These poor victims. He should just plead guilty and spare any more trauma to these victims.

Also, is anyone else appalled by the wife and her "sticking by her man." I am sure that she knew all along that this was happening and just looked the other way like most "doormat" wives do. Either that or she is seriously the dumbest person in the world.

1012 days ago
53.

Liz    

To play devil's advocate...waiving the hearing was a good move because the news wasn't all about victims testifying today..it was all about the lawyer talking for more than an hour about Sandusky's innocence, impeaching the victims' testimony, etc. So Amendola got to present his side of the story today, which he couldn't have done at all in a preliminary hearing.

1012 days ago
54.

Eve    

Sandusky is a coward now too along with being a psycho child predator.
He can not even be a decent human being and save the humiliation of his victims by dragging them through their nightmare again.

1012 days ago
55.

WellSinceYouDidntAsk    

Is this strategy headline a vote of support for a pedophile from TMZ? This monster has molested dozens of kids over the past two decades. How could all the victim witnesses be struck down in a preliminary hearing? How he got bail and why he gets support from the media is a sick abomination.

1012 days ago
56.

billy cema    

Even some of us who don't study law raised our eyebrows over this strategy. I, for one, wondered if his lawyer wants him put away.

1012 days ago
57.

vindog    

They said Casey Anthony's strategy was bad too in the beginning. Just saying...

1012 days ago
58.

Marie    

Jerry Sandusky is going down just like Dr. Conrad Murray went down and is now in jail. But Sandusky is going to spend the rest of his pathetic life in jail.

1011 days ago
59.

Big Taters    

As dumb as his lawyer seems, this was a smart move.

1. There is no way the preliminary hearing would have gone his way with all the media coverage. Even if the evidence showed otherwise, nobody is gonna keep this from court

2. Since he knows it's going to trial, why give them more time to simply get their message out and let the media whores sling it around.

3. STILL INNOCENT until proven guilty you fools. Remember?

1011 days ago
60.

Perri    

After reading about the immoral activities of this character there is no words to discribe the disgust he creates in the human mind toward his kind of personality. If he would admit his wrong doings it might give those who have similar fsntisies to refrain from similar acts of violence toward the innocent. His punishment in this world is nothing compared to what awaits him in the afterlife. If he were known on the street and made accessable there wouldn't be enough protection for his defense. Some people will say he is sick, but he is just the product of an evil mind.

1010 days ago
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