The adopted son of convicted child molester
Jerry Sanduskydetailed claims of sex abuse in a 25-minute audio tape with
police, but he also worried about a perjury charge because he told a grand jury
nothing inappropriate ever happened.
Karl Rominger, one of Jerry Sandusky's
defense attorneys, confirmed for ABC News the existence of the audio tape.
"As a general rule it's a tape of Matt
(Sandusky) making the allegations. I don't feel comfortable going into
specifics about what he says, but I'll say that he is an alleged victim, so
that will tell you some," said Rominger, who has listened to the audio
recording of the interview.
The recording shows Matt Sandusky, whom
Jerry and Dottie Sandusky adopted in his teenage years, hesitating to talk
about the abuse allegations because he had previously said under oath that his
father had not molested him, Rominger said.
"The problem is," Rominger said,
quoting Matt Sandusky from the audio tape, "'I don't want to get into
trouble for perjury'... because he previously said other things."
He then goes on, however, to detail
allegations which Rominger said echo those of other alleged victims,
specifically those represented by Matt Sandusky's attorney, Andrew Shubin.
Shubin represents the men known as Victim 3 and Victim 7 in court documents.
"It seems like that story magically
tracks one of Shubin's clients' stories," Rominger said. "A lot of
these kids seem to have this kind of magnetic memory that comes back over time.
(Matt's) comes back all of a sudden."
A source close to the state's investigation
confirmed the existence of the audio recording to ABC.
Matt Sandusky came to prosecutors during
the first week of the trial to say that he, too, had been molested by his
father. Prior to that, Matt had been a staunch supporter of the former Penn
State football coach, who took him in when he was a teenager and later adopted
him. Matt was listed as a witness for the defense at the beginning of the
trial.
After meeting with him on Thursday,
prosecutors notified the defense that Matt Sandusky could be called as a
rebuttal witness before the trial's completion. Defense attorneys cited that
fact as the reason for not putting Jerry Sandusky on the stand to defend
himself, lest the prosecutors then call Matt Sandusky to talk about his own
alleged abuse.
Matt Sandusky has so far declined to go
public with his allegations, though Shubin released a statement saying that
Matt was a victim of his father.
Sandusky was found guilty on 45 counts of
child sex abuse on Friday night following a two-week trial that saw eight men
testify against him about being molested. One man, known as Victim 4, said that
when Sandusky began a soap fight with the boy in a Penn State locker room
shower one day, Matt Sandusky left quickly and acted "nervous."
Matt Sandusky watched only the first day of
the trial before he was sequestered as a possible witness for the defense.
Sandusky Defense Plans Appeal
Sandusky's attorneys began discussing a
possible appeal of the guilty verdicts just moments after leaving the
courthouse Friday.
Sandusky's lead lawyer Joseph Amendola told
ABCNews.com today that it was "not definite" that he would stay on to
handle the appeal, but said, "I anticipate I'll be a witness for Jerry on
his appeal."
Rominger confirmed that he planned to stay
on for the appeal process.
But both men began looking ahead to an
appeal almost as soon as Sandusky was convicted on 45 of 48 counts of child sex
abuse. Sandusky's bail was revoked and he now sits in Centre County
Correctional Facility until his sentencing, in approximately 90 days. Sandusky,
68, faces more than to 450 years in prison.
"We had volumes of materials that we
really didn't have sufficient time to review prior to start of this
trial," Amendola told ABC News Friday night following Sandusky's conviction.
"Until we go through those materials
and talk to one of our experts who was unable to testify in this case within
the time constraints, we really wont' know what issues are involved in those
particular matters," Amendola said.
Amendola and Rominger both said that they
would be able to file appeals on issues including the lack of preparation time
ahead of trial and the improperly-edited audio recording of an interview
Sandusky gave to NBC's Bob Costas.
Sandusky's lawyers had requested multiple
continuances from Judge John Cleland ahead of the trial, claiming that they did
not have enough time to adequately prepare a defense. Days before the trial
started, they submitted a sealed petition asking to withdraw as Sandusky's
legal counsel on those grounds, but Cleland denied the petition, Rominger said
on his weekly radio show.
"There are appellate issues,"
Rominger told ABC News.
Pennsylvania Attorney General Linda Kelley
said that an appeal would likely not be successful.
"The defense in this was given a lot
of discovery material, they were made aware of all the charges in the case, and
what the commonwealth intended to present. We don't believe it was rushed into
court," she told ABC News Friday.
Attorneys may also appeal Sandusky's
verdict based on the NBC audio recording prosecutors played for the jury. Last
week, Amendola asked Cleland to declare a mistrial after the recording played
in court made it sound like Sandusky was stalling or hesitating when asked,
"Are you sexually attracted to young boys?"
During the actual interview, Sandusky
responded, "Am I sexually attracted to young boys? Well, I enjoy young
people," and went on to say he was not sexually attracted to them. But the
recording played for the jury at the trial made it sound like Costas had to
repeat his question and that Sandusky was reluctant to answer it.
According to sources close to the case,
Cleland was angry about the mess up and considered Amendola's request on the
grounds of prosecutorial misconduct. To avoid a mistrial, the attorney
general's office then reached out to NBC, asking them to send all of their
versions of the interview to the judge.
NBC News spokeswoman Amy Lynn confirmed
this weekend that NBC supplied three different versions of Costas' interview
with Sandusky to prosecutors, and that one of the versions contained the error.
"Prosecutors used the 'Today' version,
not realizing it included a technical glitch, and played it for the jury,"
Lynn said in a statement Sunday.
"After court that day, NBC News
executives had a series of discussions with the prosecutors, and after some
internal investigation were able to determine that the glitch originated on
'Today,'" she said.
After NBC took responsibility for the
editing glitch, Cleland instructed jurors to refer to a corrected transcript
during their deliberations and denied Amendola's request for a mistrial, but
Amendola said following the guilty verdict that it would be a possible reason
for appeal.
The Sandusky defense team may have a shot
at appealing parts of the complex case brought against the former coach,
according to Jules Epstein, a law professor and attorney at Widener University
in Pennsylvania. He said that lawyers will likely try to appeal on the basis of
the lack of preparation time, which has been successfully used in the past, as
well as the hearsay allowed as evidence with the man known as Victim 8. In that
case, the only witness who testified about Victim 8 was a janitor who did not
witness a sexual assault himself, but said that his coworker did and told him
about it.
"Suppose an appellate court says
you're right, the janitor should not have been able to say that," Epstein
said. "That's step one. Then it's a case of how bad is the harm? The
appellate court could say it affected only the verdict on the one missing
victim, so we'll give him a new trial on the one missing victim. Or it could
say, no, it polluted all of them. Or it was an error, but was harmless, which
means it had no possible impact on the outcome."
The appeals process cannot begin until
Sandusky is sentenced, which Cleland said would take approximately 90 days. The
process is then a lengthy and expensive one, Epstein noted. If Sandusky's
estate is the subject of multiple civil actions, it is unclear if or how he
will be able to afford to mount an appeal.
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