Frank Parlato
After a multi-year investigation by the PA State Police and investigators with the PA Attorney General’s Office, the AG filed an indictment charging Jerry Sandusky with molesting eight boys in November 2011.
Sandusky was tried and convicted within seven months.
Judge John Cleland, a Republican, managed to conduct an unusually swift trial under pressure. The NCAA had threatened to cancel the 2012 Penn State football season, so the state had to convict Sandusky by early summer to ensure the football season could start in late summer.
Private Hotel Meeting Sets Trial Schedule
Judge Cleland demonstrated his ability to expedite the trial by meeting with lead prosecutor Frank Fina and Sandusky’s defense attorney Joseph Amendola at the Hilton Garden Inn. They set the trial schedule during the meeting and took steps to ensure it would not be delayed.
Judge Cleland decided not to hold the meeting between the prosecutors and defense lawyer in court, which would attract significant publicity, but at a local hotel where the press could not attend.
Financial Impact on University and Community
Everyone understood that Penn State could only start their football season once Sandusky was convicted. If the NCAA canceled Penn State football for even one season, the football program might never recover.
The football program is Penn State’s biggest revenue generator and serves as a key marketing tool for the university. Residents also benefit financially from out-of-town visitors who attend games at the 100,000-seat Penn State stadium.
The general consensus was that if Sandusky’s trial didn’t result in a conviction by the end of June, the NCAA might view it unfavorably and potentially cancel the football season. The projected economic repercussions of the NCAA imposing the “death penalty” on the PSU football program were estimated to exceed $500 million.
It would take years to restore Penn State’s reputation as a football powerhouse.
The only thing preventing the completion of the fast trial task was Sandusky’s preliminary hearing.
In Pennsylvania, Sandusky was entitled to a preliminary hearing. During this hearing, he could find out his accusers’ identities and the allegations against him.
Defense Rights and Scientific Evidence
During the preliminary hearing, Sandusky’s defense team can question the alleged victims about their mental health, the number and type of police interviews, issues related to repressed and recovered memory, and challenge the central scientific issue in the case. Most men accusing Sandusky of abusing them as boys did not remember the abuse when the police first approached them. It was after their civil attorneys arranged for repressed and recovered memory therapy that they recalled the abuse.
During the preliminary hearing, the defense could have requested a second hearing to determine the validity of repressed, recovered memory therapy as a scientific method. This would help establish whether it could be used as admissible evidence to explain why the accusers changed their stories.
A second hearing would have followed the preliminary hearing referred to as a FRYE (or Daubert) hearing, which may have excluded many or all of the alleged victim witnesses. Conducting the hearing would have taken months to gather the experts and sort out the conflicting scientific claims.
It was impossible to conduct a hearing on the science of repressed, recovered memories and still hold to a June 2012 conviction.
If the science hearing had taken place, the alleged victims would likely have been excluded from testifying, as repressed recovered memory therapy is not accepted in most courts. This could have led to the case being dismissed due to a lack of competent witnesses.
Judge Cleland knew he had to find a way to cancel the preliminary hearing. He had set it for December 13, 2011.
On the evening of December 12, the night before the hearing, Judge Cleland met at a hotel with the prosecutor, Fina, and Sandusky’s attorney, Joe Amendola.
Secret Meeting Leads to Waived Preliminary Hearing
During the hotel meeting, the judge established a quick trial schedule to avoid the NCAA imposing the “Death Penalty” on the PSU football program.
The judge also persuaded Amendola to have Sandusky waive his right to a preliminary hearing. These decisions were made outside of court without a stenographer
Amedola’s official explanation to his client was that the prosecution wouldn’t seek a bail increase if new charges were brought as long as Sandusky agreed to waive the preliminary hearing.
Amendola understood that waiving the preliminary hearing was not a deal negotiated between the prosecutor and the defense. It was a deal between himself and Cleland because only the judge had the authority to raise the bail, not the prosecution.
The trial moved forward with all haste.
The prosecution delayed turning over 12,000 pages of discovery in boxes, until ten days before Sandusky was going to trial.
Amendola asked for an adjournment. The judge denied it. Amendola asked to be taken off the case. The judge denied it.
Judge Cleland’s Agreement with Prosecutor and Defense
Judge Cleland could not allow Amendola to quit because it would have led to an adjournment to give Sandusky time to find a new lawyer. When Cleland refused to give Amendola time to review the evidence, obtain experts, and understand what happened in this multi-year complex investigation, Amendola could have resigned and refused to participate.
But that was not the agreement between the judge, the prosecutor, and Amendola.
The deal they made was that Judge Cleland would take this case from indictment to trial and conviction in seven months.
Judge Cleland sentenced Sandysky to 30-60 years in prison. Penn State’s football season was saved.
The off-the-record, secret, unreported, unrecorded meeting at a local hotel took place, crucial decisions were made, and were unknown until four years after the conviction.
When it became known Sandusky’s lawyers asked, why was this meeting kept secret until four years after the trial and conviction? Why was this meeting not held in court? Why no court reporter? Why no recording?
Judge Cleland was upset about these questions.
“Now [Sandusky’s attorneys] have chosen to impugn the integrity of the court itself,” the judge said.
But whatever anyone else might say, Judge Cleland did it – he got Sandusky convicted in seven months, and in a sense redefining the meaning of speedy trial.
Seven Months Is Comparatively Fast
Phil Spector (Murder of Lana Clarkson)
- Indictment Date: November 2003
- Trial Start Date: March 2007
- Time Lapse: 3 years and 4 months
Elizabeth Holmes (Theranos Fraud)
- Indictment Date: June 2018
- Trial Start Date: September 2021
- Time Lapse: 3 years and 3 months
Casey Anthony (Murder of Daughter)
- Indictment Date: October 2008
- Trial Start Date: May 2011
- Time Lapse: 2 years and 7 months
R. Kelly (Sexual Abuse)
- Indictment Date: February 2019
- Trial Start Date: August 2021
- Time Lapse: 2 years and 6 months
Terry Nichols (Oklahoma City Bombing)
- Indictment Date: August 1995
- Trial Start Date: November 1997
- Time Lapse: 2 years and 3 months
Jeffrey Skilling (Enron Scandal)
- Indictment Date: February 2004
- Trial Start Date: January 2006
- Time Lapse: 1 year and 11 months
Harvey Weinstein (Sexual Assault)
- Indictment Date: May 2018
- Trial Start Date: January 2020
- Time Lapse: 1 year and 8 months
Timothy McVeigh (Oklahoma City Bombing)
- Indictment Date: August 1995
- Trial Start Date: April 1997
- Time Lapse: 1 year and 8 months
Ted Kaczynski (Unabomber)
- Indictment Date: April 1996
- Trial Start Date: November 1997 (eventually plea)
- Time Lapse: 1 year and 7 months
Bill Cosby (Sexual Assault)
- Indictment Date: December 2015
- Trial Start Date: June 2017
- Time Lapse: 1 year and 6 months
Keith Raniere (Sex Trafficking, Racketeering, and more)
- Indictment Date: March 2018
- Trial Start Date: May 2019
- Time Lapse: 1 year and 2 months
Jerry Sandusky
- Indictment Date: November 11, 2011
- Trial Start Date: June 12, 2012
- Time Lapse: Seven months
Frank Parlato is an investigative journalist, media strategist, publisher, and legal consultant.
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It’s going to be extremely difficult for the charity to regain trust throughout its community, especially in the short term. Even though the allegations against Raykovitz have not been proven, the organization’s reputation is what really matters, and it has taken a massive hit.
New here thank you for the out standing coverage. PSU fan under graduate & My town. Hello everyone!
Justice was served and Frank is fine with that. This video has caused a lot of rage, wailing, and gnashing of teeth on Youtube so I’m posting it here in hopes of even more..watch
I just watched it. The vm recording says nothing. Can you educate me and let me know what your take away is from a message that doesn’t raise any red flags to me. Seriously, please explain your thinking. Thank you.
there is something very wrong with you. Your link is Jerry saying there is nothing to hide tell the truth. Gee. Lock him up.
Franco Harris relays conversation with McQueary. https://youtu.be/XNWTgwuuCGw
The storyteller is back! Come for the build and stay for the story .https://youtu.be/JJjTgXZCW0c?si=w55zSK_ypLUgjKCd&t=69
True story: My brother’s friend was once invited to a sleepover at Jerry Sandusky’s house. My mom hadn’t met Jerry or even his kid and so said no. My father distinctly remember saying: “Honey. It’s JERRY SANDUSKY? What’s the worst that could happen?” He didn’t get to go.
She is lap dog flap jack. erry Sandusky truther who believes the former Penn State football coach is innocent. Sandusky was convicted in 2012 of 52 instances of sexual abuse of young boys.
And the public was deceived. I was convinced at the time as well based on media reporting. It’s all a farce. No one was sexually abused.
Was any of these children tested for STD’s. I recall the missing Da pointed out chlamydia was running rampant on campus. Early 90s time frame.
Who never got a fair trial just follow Frank Parlota and many others who have looked extensively into the trial and the answers points to a new trial
I don’t know when you consider the official filing of the Cynthia Baldwin and Frank Fina cases.
I don’t… should criminal cases have a longer duration of time compared to civil cases or Disciplinary Boards cases?
Look at the time for Cynthia Baldwin’s ODC case… September 10, 2019 to February 19, 2020…. 5 months of time.
Look at the time for Frank Fina’s ODC case… November 20, 2019 to February 19, 2020 …. 3 months of time.
Was justice served?
However, it’s interesting that Joe Amendole wasn’t a part of the disciplinary cases….. kind of makes you wonder how he was cut out of the Disciplinary Board investigations.
Effective references –
The case is so blatantly filled with fraud and deceit. In these cases instead of admitting wrongdoing, the government continues to abuse its power making the violations and destruction to the lives of the innocent all the more painful.
Thank you for staying the course and making the public aware of the truth- which in the end, is all that matters.
This is a sideshow
Seven months. The first “speedy trial” ever secured – and against the will of the defendant.
“Status conferences” are held in many cases. They are not legally defined but allow for secret agreements and billable hours. Whether they are recorded or not is up to the whim of the judge and the defendants are often notified after the fact. Without a court record of what occurred there is no recourse or possibility of appeal because the attorneys on both sides are complicit. M
The secret meeting where Amendola sold out Jerry follows this same pattern. And without a record these criminals all skate free while the targeted victim’s life is handed over in a silver platter.
Everyone but Sandusky knew what was going down.
Sandusky at the very least should get a new trial. But everyone knows there never was a legitimate case against him, so any true retrial would bring down Penn State, the governor and many powerful people, so a new trial will never be granted.
Praying they will work a deal and set him free.
Enjoying my life hearing Dottie Sandusky will not get her man back. We own him dorothy-sandusky-a-woman-who-saw-nothing
George H.W. Bush praises the Second Mile foundation for “shining example” of charity work in a 1990 Thousand Points of Light .article_a0c48260-52e0-11ec-b65e-2bd1a3594e2b.html
What’s interesting is the coerced allegations were all made by men who met Jerry through Second Mile, NOT Penn State.
The original false allegation of the shower incident at Penn State fell apart and that was a single “victim.”
The fabricated claims of sexual abuse did not occur on the Penn state campus, but at the home of Sandusky and elsewhere.
Since the foundation of Jerry’s relationships and access to these men was the Second Mile, the foundation should have been the backdrop for the investigation and all claims.
But that wouldn’t be lucrative and Second Mile had no political value to those that orchestrated the takedown of Penn State leadership.
Very distinct comparison as to how the Sandusky trial was manipulated. Cleland should hide his face in dishonorable shame. They were SO sure of Sandusky’s guilt and with the NCAA breathing down their neck….no wonder there was not an ounce of justice in this trial. If only people would look at the egregious conduct of everyone involved in this case. Very eye opening.
Sandusky groomed the whole town. Every tax slut was a mirror image of being groomed. Fuck your feelings!
The trial was obviously rushed but do you have any evidence that this was because of an NCAA threat of the death penalty? Or is that supposition?
In other words, I think the university wanted a swift resolution (conviction) in the case but not necessarily because of specific threats by the NCAA.
I think the NCAA attempting to “cancel” PSU football would have resulted in lawsuits (PSU v. NCAA) and an emergency injunction (as no student athletes were involved and nothing here broke any NCAA rules)
Fair question. I don’t think you should have been down voted for being reasonable.
I have come to expect judges who lean left to tramp all over the constitution, but it’s especially despicable when it’s a Republican who does it. Cleland is a special kind of scum.
If it makes you feel better he came out in support of Kamala Harris last week.
Judge Cleland, an Irish American, had one order of hot McJustice bagged up and ready to go just in time for the NCAA season.
For those of us lucky enough to be called friends of Jerry and Dottie, this is not new news. This bothered us then as it bothers us today. 7 months, soup to nuts, as they say. So many issues with this case but this is certainly a biggie. Why, to this day, Amendola hasn’t been screaming from the mountain tops that he had no business going to that secret meeting and letting the judge take the actions he did. 7 months folks! If you read Robert Long’s two volumes on the trial testimony, and read the comments and questions Amendola made and this man is your attorney, you’d want to ask for another attorney. He was in way over his head but was dragged into court by that judge. 7 months folks!
Anyone thought about Dr. Raykovitz and his knee caps. The way Elmo had jurisdiction in wise guys?
Yes there always was that special coalition against horse play. When do I get my payout