Sandusky Asks Court to Open Victim Therapy Records, Toss Charges

[francofan]

An interesting story in the Legal Intelligencer on Sandusky's latest PCRA filings concerning two of the key issues still open in Sandusky's PCRA. The issues are the Grand Jury leaks and the use of repressed memory therapy. Sandusky would like to see dismissal of all charges related to eight accusers who came forward after the initial Grand Jury Leaks to Sara Ganim on or before March 2011 as well as an in camera review of therapy notes for accusers who used repressed memory therapy. Here is the article by Max Mitchell of the Legal Intelligencer.
-------------

More than a week after the conclusion of his post-conviction hearing, convicted serial child molester Jerry Sandusky is asking the court to allow him to review the mental health records of several victims who claimed their memories of being abused by Sandusky were repressed and later recovered through therapy.

Sandusky filed two motions made public Thursday afternoon, one of which asked the court for an in camera review of therapy records from several accusers, including Sandusky’s adopted son, Matt Sandusky. The other motion asked the court to dismiss all charges related to the claims of eight accusers who came forward after news of an investigation into Sandusky became public through what the defendant has characterized as a potential breach of grand jury secrecy.

Sandusky, a former Penn State football coach, was convicted in 2012 on 45 of 48 counts related to sexually abusing numerous children. In August, the Centre County Court of Common Pleas held a three-day hearing regarding Sandusky’s claims that his trial counsel had been ineffective and that he had been the subject of prosecutorial misconduct. The post-conviction proceedings are part of Sandusky’s effort to win a new trial on the charges.

Much of the questioning during that hearing focused on the source of that alleged grand jury leak, with Sandusky’s attorney, Al Lindsay, questioning former prosecutors about the source of the information.

One of the briefs filed Thursday said tossing all claims that arose after the leak would be the best remedy for the alleged prosecutorial misconduct. The brief cited a review of the prosecution conducted by H. Geoffrey Moulton on behalf of the state Attorney General’s Office as evidence of the leak.

“In light of the Moulton report’s indication that the leak of the grand jury material is what drove the case from being a flawed case with a single unreliable victim to the litany of alleged victims with stories of abuse, it is beyond cavil that Mr. Sandusky was prejudiced by the leaking of grand jury material,” the brief said. “Dismissal of the charges against Mr. Sandusky is the appropriate remedy, as it is evidence that the commonwealth would not have identified victims 3-10 without the grand jury leak to the media.”

Both Lindsay and the attorney general’s press office did not immediately return calls for comment.

http://www.thelegalintelligencer.co...e Legal Intelligencer&slreturn=20160802140455

 

[lionlurker]

If he ends up with a new trial, seeing what happened after yesterday, the blowback will be truly epic.

 

[jim cummings]

If he ends up with a new trial, seeing what happened after yesterday, the blowback will be truly epic.

Yes. Instead of people lining up to torch Harrisburg, they'll go directly to state college, because that's how stupid the majority of the sheeple is.

 

[lionlurker]

It'll be our fault, since it can't Joe's fault or Jay's fault this time.

 

[blion72]

An interesting story in the Legal Intelligencer on Sandusky's latest PCRA filings concerning two of the key issues still open in Sandusky's PCRA. The issues are the Grand Jury leaks and the use of repressed memory therapy. Sandusky would like to see dismissal of all charges related to eight accusers who came forward after the initial Grand Jury Leaks to Sara Ganim on or before March 2011 as well as an in camera review of therapy notes for accusers who used repressed memory therapy. Here is the article by Max Mitchell of the Legal Intelligencer.
-------------

More than a week after the conclusion of his post-conviction hearing, convicted serial child molester Jerry Sandusky is asking the court to allow him to review the mental health records of several victims who claimed their memories of being abused by Sandusky were repressed and later recovered through therapy.

Sandusky filed two motions made public Thursday afternoon, one of which asked the court for an in camera review of therapy records from several accusers, including Sandusky’s adopted son, Matt Sandusky. The other motion asked the court to dismiss all charges related to the claims of eight accusers who came forward after news of an investigation into Sandusky became public through what the defendant has characterized as a potential breach of grand jury secrecy.

Sandusky, a former Penn State football coach, was convicted in 2012 on 45 of 48 counts related to sexually abusing numerous children. In August, the Centre County Court of Common Pleas held a three-day hearing regarding Sandusky’s claims that his trial counsel had been ineffective and that he had been the subject of prosecutorial misconduct. The post-conviction proceedings are part of Sandusky’s effort to win a new trial on the charges.

Much of the questioning during that hearing focused on the source of that alleged grand jury leak, with Sandusky’s attorney, Al Lindsay, questioning former prosecutors about the source of the information.

One of the briefs filed Thursday said tossing all claims that arose after the leak would be the best remedy for the alleged prosecutorial misconduct. The brief cited a review of the prosecution conducted by H. Geoffrey Moulton on behalf of the state Attorney General’s Office as evidence of the leak.

“In light of the Moulton report’s indication that the leak of the grand jury material is what drove the case from being a flawed case with a single unreliable victim to the litany of alleged victims with stories of abuse, it is beyond cavil that Mr. Sandusky was prejudiced by the leaking of grand jury material,” the brief said. “Dismissal of the charges against Mr. Sandusky is the appropriate remedy, as it is evidence that the commonwealth would not have identified victims 3-10 without the grand jury leak to the media.”

Both Lindsay and the attorney general’s press office did not immediately return calls for comment.

http://www.thelegalintelligencer.com/id=1202766639625/Sandusky-Asks-Court-to-Open-Victim-Therapy-Records-Toss-Charges-?cn=20160902&pt=PM Legal Alert&src=EMC-Email&et=editorial&bu=The Legal Intelligencer&slreturn=20160802140455

where is he getting the funds to continue his appeals??? I thought he was broke. his continuous appeals just add to the problems for PSU.

 

[biacto]

where is he getting the funds to continue his appeals??? I thought he was broke. his continuous appeals just add to the problems for PSU.

Al Lord, I believe.

 

[Sproul]

where is he getting the funds to continue his appeals??? I thought he was broke. his continuous appeals just add to the problems for PSU.

I don't see how getting a fair trial has anything to do with Psu. It has everything to do with the corruption of the attorney generals office and how their misconduct re the trial.

 

[Phil's Rug]

I don't see how getting a fair trial has anything to do with Psu. It has everything to do with the corruption of the attorney generals office and how their misconduct re the trial.

Good luck convincing the sheeple of that

 

[L.T. Young]

The prosecution can't help

I don't see how getting a fair trial has anything to do with Psu. It has everything to do with the corruption of the attorney generals office and how their misconduct re the trial.

You realize these aren't proven facts that were just filed right? It's simply a legal argument at this point.

 

[JoeDidntKnow]

where is he getting the funds to continue his appeals??? I thought he was broke. his continuous appeals just add to the problems for PSU.

His pension maybe or pro bono?

 

[BUFFALO LION]

The prosecution can't help

You realize these aren't proven facts that were just filed right? It's simply a legal argument at this point.

What IS a "proven fact" is that Penn State paid 3 million dollars to a kid that lied. How many more were there? I know lots of people with financial issues that would sell their own parents down the crick for $3 million dollars.

Sandusky's trial was rotten to the core.

 

[MtNittany]

Recent picture of one of the "therapists":

 

[marshall23]

It'll be our fault, since it can't Joe's fault or Jay's fault this time.

I disagree. If you take the logic of The Commonwealth's OAG in charging S,S,C, ex post facto for child abuse starting in 2001 and moving forward......how would death be a barrier to Joe's responsibility?

 

[lionlurker]

Even from the grave, Joe knows about everything and controls all actions. And even though he apparently has god-like powers, we are excoriated as his worshippers.

It's all so inconsistent, eh?

 

[didier]

Lindsay complains about the therapists but then labels John Seasock a "psychologist" and claims he exonerated Sandisky in 1998. Lol.

 

[marshall23]

Lindsay complains about the therapists but then labels John Seasock a "psychologist" and claims he exonerated Sandisky in 1998. Lol.

I didn't get that. What I saw was a legitimate question about a form of therapy that is openly questioned in "the business." Did all of the claimants/ victims change their stories several times? Did some of them claim that a specific tool used by their therapists suddenly allowed them to remember abuse. If so, its a real miracle.

 

[francofan]

Sandusky wants judge to review victim therapy records

Here is the CDT story on the latest Sandusky filings written by Lori Falce.

Jerry Sandusky isn’t asking to see therapy records from the men who say he molested them.

He wants a judge to do it.

In a brief filed Thursday, Sandusky’s attorney, Al Lindsay, asked McKean County Senior Judge John Cleland to take the step, following up on questions of repressed memory therapy.

Sandusky is pursuing a Post-conviction Collateral Relief Act petition, looking for a new trial following his 2012 conviction on 45 of 48 counts of child sex abuse charges. Following evidentiary hearings last month, Cleland said the repressed memory issues merited more attention.

“Mr. Sandusky has provided both trial record evidence and post-trial evidence, including statements from the Office of Attorney General itself that confirm that recovered memories/repressed memories were at issue,” Lindsay wrote.

He cited two accusers who claimed therapy being instrumental, including Sandusky’s adopted son Matt, who was not one of the 10 victims in the criminal case against the retired Penn State defensive coordinator but did settle claims with Penn State.

According to the American Psychological Association, repressed or recovered memories are a question of some debate. Rarely, the organization says, a memory might be repressed, but “convincing pseudomemories” can also be created for incidents that didn’t happen.

“The mechanism(s) by which both of these phenomena happen are not well understood and, at this point it is impossible, without other corroborative evidence, to distinguish a true memory from a false one,” the APA’s website says.

Lindsay asked that Cleland review relevant therapy notes in chambers with a “qualified expert.”

“Frankly, since the psychologist-patient privilege does not preclude such a review, and Mr. Sandusky cannot otherwise discover this evidence, he has shown exceptional circumstances warranting discovery on this issue and the limited PCRA court review requested,” Lindsay wrote.

That was not the only request from Sandusky’s camp. Lindsay also asked that the grand jury presentment be quashed and all charges subsequently dismissed.

That request stems from the issue of grand jury leaks, something that has been a hot button in Pennsylvania for years, most recently leading to the August conviction and then resignation of Kathleen Kane as attorney general.

In Sandusky’s case, the allegations of leaks include information in articles written by Sara Ganim. Ganim, now a CNN reporter, was formerly with the Centre Daily Times and then the Patriot-News, where she wrote extensively about the case.

In both the evidentiary hearings and the new brief, Lindsay raised the issue of grand jury information possibly being leaked to Ganim, as well as the original grand jury presentment being “improperly leaked and placed online.” He pointed to additional victims coming forward after the presentment was made public.

“The leak to Ms. Ganim and others unconstitutionally violated Mr. Sandusky’s due process right ...,” Lindsay wrote. “Since the allegations relating to Victims 3-10 should never have been presented to a jury, Mr. Sandusky is also entitled to a new trial on the charges relating to (the other two), as it is impossible to delineate how the prejudicial impact of the improperly admitted evidence bled through and bolstered the case as to those accusers. Indeed, the prosecution itself argued that Mr. Sandusky’s course of conduct demonstrated his guilt.”

Cleland did not close the door on additional evidentiary hearings in the PCRA petition. Lindsay said after the last evidentiary hearing that he felt good about the appeal’s chances.

Sandusky remains at Greene state prison, where he serves a 30- to 60-year sentence.

http://www.centredaily.com/news/local/education/penn-state/jerry-sandusky/article99597837.html

 

[marshall23]

While I think JS will be convicted on some counts in a new trial..........1..We would learn a great deal more about the truth in this mess.2.All eyes would be open when evaluating the prosecution and its methods. 3. There would be several convictions overturned.
4. IMO only when a fair trial occurs will there be an end to this issue in regards to JS and certain accusers.

 

[francofan]

His pension maybe or pro bono?

The Sandusky family has exhausted their life savings paying Jerry's legal fees. All of their pension money is being consumed in their fight for justice. There is a defense fund, the Impact Fund, that is monitored by Dick Anderson and Guy Montecalvo. I would urge that anyone who believes that Sandusky did not receive a fair trial the first time around or who is interested in know what exactly happened in this fiasco to consider making a contribution by sending it to: Impact Fund, PO Box 1151, State College PA 16804.

 

[francofan]

While I think JS will be convicted on some counts in a new trial..........1..We would learn a great deal more about the truth in this mess.2.All eyes would be open when evaluating the prosecution and its methods. 3. There would be several convictions overturned.
4. IMO only when a fair trial occurs will there be an end to this issue in regards to JS and certain accusers.

What counts do you think he would be convicted of? Which accusers to do you find the most credible? Do you think that he engaged in actual sex (i.e. OS/AS) with any of the accusers or that it was inapprorpiate touching for sexual gradification?

 

[marshall23]

What counts do you think he would be convicted of? Which accusers to do you find the most credible? Do you think that he engaged in actual sex (i.e. OS/AS) with any of the accusers or that it was inapprorpiate touching for sexual gradification?

Without going back over testimony and "evidence".....my gut feeling is Jerry really believes he is innocent. I say that because it is my opinion that he never engaged in the sex acts (oral or anal) that were alleged in the trial. I have heard that JS did well on the polygraph when he denied those sex acts, not so good when questioned on inappropriate touching. He is in my opinion a guy who had way too much interest in getting boys into the shower etc. and probably taking that to inappropriate touching etc. That sort of thing earns you prison time. Its almost impossible to explain away his shower antics, especially after his close call in 98. Naked bear hugs are an outrage. I can't imagine ever having done that to my own children in a gang shower or anywhere else, let alone with someone else's child.
I think the V2 charges have to go away and certainly the "crying" janitor fable is a joke. Even though I think there is much to question in AF's story, I see that one sticking. I guess to summarize, at the very least, the PSU related incidents were manufactured by Mettigan and Fina to ensure the narrative needed to cover for Commonwealth failures.

 

[francofan]

Without going back over testimony and "evidence".....my gut feeling is Jerry really believes he is innocent. I say that because it is my opinion that he never engaged in the sex acts (oral or anal) that were alleged in the trial. I have heard that JS did well on the polygraph when he denied those sex acts, not so good when questioned on inappropriate touching. He is in my opinion a guy who had way too much interest in getting boys into the shower etc. and probably taking that to inappropriate touching etc. That sort of thing earns you prison time. Its almost impossible to explain away his shower antics, especially after his close call in 98. Naked bear hugs are an outrage. I can't imagine ever having done that to my own children in a gang shower or anywhere else, let alone with someone else's child.
I think the V2 charges have to go away and certainly the "crying" janitor fable is a joke. Even though I think there is much to question in AF's story, I see that one sticking. I guess to summarize, at the very least, the PSU related incidents were manufactured by Mettigan and Fina to ensure the narrative needed to cover for Commonwealth failures.

I can attest that Jerry believes he is innocent. He told me that he will fight for his innocence until his last breath in that is what it takes. I am pleased that he was given the opportunity to profess his innocence at the recent evidentiary hearing and I believe he came off as sincere. I agree with your assessment that he didn't engage in the sex acts alleged at trial. In particular, I find it extremely unlikely that he engaged in oral sex with Aaron Fisher over 100 times. On the other hand, I think it is entirely possible that AF may have believed he was after he was given repressed memory therapy from Michael Gillum.

I am not sure if any of the seemingly inappropriate touching was criminal as it is not clear to me that there was a sexual motive. Even if there was a sexual element, the 5 years that he has been incarcerated would seem to be an excessive punishment for inappropriate touching for someone with a clean record.

 

[Chris92]

Lindsay complains about the therapists but then labels John Seasock a "psychologist" and claims he exonerated Sandisky in 1998. Lol.

The false narrative says Seasock exonerated Sandusky in '98. Did you know there was another coach in the locker room/shower area in '98? Of course not, the leaked police report didn't include that part, but Seasock's report did. Seasock didn't exonerate Sandusky in '98, the investigation did.

 

[didier]

The false narrative says Seasock exonerated Sandusky in '98. Did you know there was another coach in the locker room/shower area in '98? Of course not, the leaked police report didn't include that part, but Seasock's report did. Seasock didn't exonerate Sandusky in '98, the investigation did.

There was no one else present. Someone told Seasock that ("through previous interviews")...likely the CYS investigator Miller. It was not correct.

 

[Legion of Lions]

There was no one else present. Someone told Seasock that ("through previous interviews")...likely the CYS investigator Miller. It was not correct.

Is it just me, but doesn't another "mistake" in what has been reported to the public seem again very suspicious.

What is the source of ALL the info the public knows about Sandusky....the same state of PA and OAG that "convicted" Sandusky. How was he convicted??? Only by the information that the OAG made public - and this information was based ONLY on what it would release. Essentially Sandusky's conviction based on the managed conjecture of millionaire unnamed "victims". The consistent management EVEN AFTER 5 YEARS indicates to me that someone with PA political connections is hiding something really big!

I am NOT pitching Sandusky as innocent. I am pointing out the consistency in WHERE information on "anything Sandusky" comes from! I am also pointing out how CONSISTENTLY there have been "highly suspicious" activities linked to the State of PA OAG and courts.

In fact, after 5 years, I don't trust or believe ANYTHING about the Sandusky incident. I certainly don't trust the Freeh "Opinion" (bet he knew about the facts of the 1998. Bet he KNEW 1998 was a non-event - yet his "opinion" reads the exact opposite). I don't trust a court system that allows perjury as a backdrop to the information gathering practices of the state from "victims". I don't trust the fact that the very person at PSU's BOT that "vetted" 32 "victims" was personally friends with the lawyers for the "victims"...to the tune of many $M in legal fees to his lawyer buddies. I also question the close interconnection of OGBOT and Corbett, Freeh, Kelly, Noonan and Fina. Too many "hidden bonds" with this group - SOMETHING IS SERIOUSLY WRONG HERE!!!

In short....WHERE IS JUSTICE when all the information the public has used to "convict" is contaminated. Convicted by this "suspicious" managed information and outright LIES, yet $3M in grant money was paid to the same TSM organization that SANDUSKY worked for. TSM was advised of his 2001 "inappropriate" behavior and yet NO INVESTIGATION and the state KNEW ABOUT and did nothing about SHREADING ALL TSM RECORDS - this is not BEYOND suspicious?????

Finally, there is nothing suspicious about the $650,000 "campaign donation" from TSM to Corbett - No chance that this was nothing more than a protection money payment???? SURE!!!!!!

 

[Chris92]

There was no one else present. Someone told Seasock that ("through previous interviews")...likely the CYS investigator Miller. It was not correct.

How would you know it's not correct?

 

[Lisa1994]

I don't think JS is innocent at all. I will very gladly admit I'm wrong if he is somehow exonerated. The easily most credible witness is AF because he reported in real time. I don't remember victim #s anymore, but the one who didn't want to talk to the police or testify had compelling testimony. The 98 victim had the incident caught and documented well in real time, despite differing reports. I find Chambers report more credible.

I'm going to hate the coverage if he gets a new trial, but I also think he deserves one. I think there was "extra" thrown in to make a case because of how poorly the investigation began.

 

[MtNittany]

The easily most credible witness is AF because he reported in real time.

What does that mean exactly? AF certainly didn't report over 100 acts of oral sex w/ JS in "real time"....

 

[didier]

How would you know it's not correct?

ZK was asked if anyone was present in his interview on May 4 and he said no.

 

[Lisa1994]

What does that mean exactly? AF certainly didn't report over 100 acts of oral sex w/ JS in "real time"....

Ok, but he did report the behavior that was traumatizing him and then kept with it when it was stalled and he got the run around. There was another witness to the "wrestling." Looks like a duck, quacks like a duck...

 

[MtNittany]

Ok, but he did report the behavior that was traumatizing him and then kept with it when it was stalled and he got the run around. There was another witness to the "wrestling." Looks like a duck, quacks like a duck...

Huh? I think it would be easier for you if you simply said you believe AF because you want to believe AF.

 

[Chris92]

ZK was asked if anyone was present in his interview on May 4 and he said no.

He didn't seem real sure when asked at trial. You really think in an investigation involving 2 police agencies, CYS, DPW and the DA's office that someone made up the fact another coach was present and relayed that to Seasock? Could this be what former ADA Karen Arnold was referring to that "could come back to bite them in the ass" if the case moved forward?

 

[didier]

He didn't seem real sure when asked at trial. You really think in an investigation involving 2 police agencies, CYS, DPW and the DA's office that someone made up the fact another coach was present and relayed that to Seasock? Could this be what former ADA Karen Arnold was referring to that "could come back to bite them in the ass" if the case moved forward?

Yep. We don't know what happened with the other boy BK. Possible someone was present when Sandusky showered with him...and someone swapped reports with Seasock to make the incident more benign.

 

[Lisa1994]

Huh? I think it would be easier for you if you simply said you believe AF because you want to believe AF.

No, I believe him because there was absolutely no reason for him to report what he did to school officials then to CCCY unless he was at the end of his rope. What high schooler wants to report an old man being obsessed & touchy-feely with him? Let alone report a pillar of the community. And there was an adult witness to the wrestling and a record of all the times he was pulled out of class by JS. I'm not sure why anyone wouldn't believe AF.

 

[MtNittany]

I'm not sure why anyone wouldn't believe AF.

Maybe they read his book?

 

[simons96]

Huh? I think it would be easier for you if you simply said you believe AF because you want to believe AF.

I agree with you to a certain extent, but let's look at AF in real time instead of with the benefit of hindsight (and feel free to correct me where I get it wrong)

AF reported some type of uncomfortable behavior to CMHS
initially they don't believe him, try to discourage him from reporting
Dawn has to push to get some movement on the allegation
CYS investigates and indicates Sandusky
TSM initially takes no action to restrict Sandusky's access to kids
OAG slow rolls their investigation
Rather than assign the child sex unit, they give it to a drug investigator
it does not appear that the OAG believes AF
at some point, Jonelle Eshbach gets reprimanded for pushing on the OAG to file charges
TWO separate grand juries refuse to indict

ok kids, tell me why THIS is not the story here. no matter how you slice it, this has NOTHING to do with Penn State or Paterno

and there's really only 2 options (and Ray has pointed out there was ZERO movement on charging Sandusky until Spanier humiliated Corbett) . . .

Either the state felt AF was a liar, and only pushed forward on their investigation after Corbett got his feelings hurt

or the state believed AF was telling the truth, but the OAG still slow rolled their investigation because of Sandusky's connections, or some connection to Second Mile they feared would be exposed

 

[PSUEngineerx2]

No, I believe him because there was absolutely no reason for him to report what he did to school officials then to CCCY unless he was at the end of his rope. What high schooler wants to report an old man being obsessed & touchy-feely with him? Let alone report a pillar of the community. And there was an adult witness to the wrestling and a record of all the times he was pulled out of class by JS. I'm not sure why anyone wouldn't believe AF.

Perhaps a high schooler who's mother knows how to be scam the system for millions?

"I'm going to own that mother f*cker's house." She was right, except the one she owns now is far nicer than JS's.

 

[MtNittany]

I agree with you to a certain extent, but let's look at AF in real time instead of with the benefit of hindsight (and feel free to correct me where I get it wrong)

AF reported some type of uncomfortable behavior to CMHS
initially they don't believe him, try to discourage him from reporting
Dawn has to push to get some movement on the allegation
CYS investigates and indicates Sandusky
TSM initially takes no action to restrict Sandusky's access to kids
OAG slow rolls their investigation
Rather than assign the child sex unit, they give it to a drug investigator
it does not appear that the OAG believes AF
at some point, Jonelle Eshbach gets reprimanded for pushing on the OAG to file charges
TWO separate grand juries refuse to indict

ok kids, tell me why THIS is not the story here. no matter how you slice it, this has NOTHING to do with Penn State or Paterno

and there's really only 2 options (and Ray has pointed out there was ZERO movement on charging Sandusky until Spanier humiliated Corbett) . . .

Either the state felt AF was a liar, and only pushed forward on their investigation after Corbett got his feelings hurt

or the state believed AF was telling the truth, but the OAG still slow rolled their investigation because of Sandusky's connections, or some connection to Second Mile they feared would be exposed

You left out the part (that preceded ALL your bullet points) where Dawn's neighbor swears that she said she was "Going to own that mother f***er's house". Also pointing out Dawn's PREVIOUS experience w/ the investigators wrt her brother's claim against Dr. Bender is certainly relevant as well, no?

 

[Lisa1994]

Perhaps a high schooler who's mother knows how to be scam the system for millions?

"I'm going to own that mother f*cker's house." She was right, except the one she owns now is far nicer than JS's.

Anger because her child was abused or pre-planned extortion? If it was the latter, JS should have proof of that or even claim it. I'm not aware that he did.

 

[PSUEngineerx2]

Anger because her child was abused or pre-planned extortion? If it was the latter, JS should have proof of that or even claim it. I'm not aware that he did.

Interesting that she never publically expresses anger towards her ex-husband...you know, the one currently in prison for >100 child sexual abuse acts.

No money there.