Sandusky's attorney to use "ineffective counsel" tactic in appeal

Reuters News
Posted: Sep 05, 2012 6:26 PM
Sandusky's attorney to use "ineffective counsel" tactic in appeal

By Mark Shade

NEW YORK (Reuters) - The attorney for convicted child sex offender Jerry Sandusky said on Wednesday he plans to appeal the case, arguing that he was not given sufficient time to prepare for the high-profile trial of the one-time Penn State football coach.

Joe Amendola said he plans to tell the appellate court he was an "ineffective counsel" due to lack of time not because his representation was flawed.

Sandusky, 68, was convicted in June on 45 counts of child sex abuse charges in a case that rocked U.S. college football and raised awareness of child molestation.

The lawyer, widely scrutinized for allowing his client to be interviewed on television ahead of the trial, said the argument would be based on what he described as the defense's "inability to properly prepare" for the trial that began June 5. Sandusky was arrested in November.

"There's no allegations that what we did at trial was ineffective," he said.

"We're not saying we did anything, or failed to do something at trial that wasn't important or significant in Jerry's defense," he said. "What we're referring to is we were ineffective given the timeline that was placed upon us by the court, and our belief that it didn't give us significant time ... to prepare Jerry's defense."

Amendola won a three-week delay in early pre-trial motions, but was denied subsequent requests for more time to prepare.

Amendola said the timeline set by the trial judge could only have been met by a staff of attorneys.

"I guess if Jerry had $10 million and could have hired a whole law firm of criminal defense lawyers, I would imagine they could have gotten it together," Amendola said.

He said Sandusky could be sentenced in October.

(Editing by Paul Thomasch)