Sandusky Lawyers Move Toward Federal Court for New Trial Bid

Jerry Sandusky's legal team is preparing to take his fight for a new trial to federal court, after appearing remotely with the former Penn State coach at a hearing in Bellefonte, Pennsylvania, on Tuesday.

During the hearing, Sandusky agreed with his lawyers to withdraw a request to present testimony from an accuser, identified in court documents as R.R., who had sought to recant allegations of sexual abuse. The judge ruled that withdrawing the request means the recantation issue cannot be raised again in state or federal court.

Sandusky's lawyer, Jerry Russo, told reporters that courts view recantation testimony as inherently unreliable and unlikely to justify a new trial. Instead, Russo said he plans to pursue Sandusky's broader claims in federal court, after one more procedural appeal in state court. Sandusky has already made at least three attempts in state courts to secure a new trial.

Russo highlighted what he called strong claims, including an alleged Brady violation—the failure to provide trial counsel with exculpatory evidence before trial—and other issues concerning trial fairness. He said, "If you believe that Jerry Sandusky got a fair trial, you're not going to hear what I have to say."

The Pennsylvania Office of Attorney General had previously described the recantation as "highly suspect." Sandusky's lawyers have argued in court filings that R.R.'s allegations were the product of suggestive questioning, prosecutorial coercion, and memory manipulation.

Sandusky, now 82, has been imprisoned for 15 years. Russo described him as feeble and frail, with heart issues that have delayed surgery. He is currently held at Laurel Highlands prison. Asked about Sandusky's demeanor, Russo said he was "prayerful."

Sandusky was convicted in 2012 on 45 counts of sexual abuse involving eight young boys and is serving a decades-long sentence.