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Jerry Sandusky appears remotely ahead of federal bid for new trial
Law Firm News/New Mexico | 2026/09/09 06:46

Former Penn State assistant football coach Jerry Sandusky appeared in court remotely Tuesday where he said he agreed with his lawyers not to go forward with testimony from an accuser who wants to recant allegations that Sandusky sexually abused him years ago.

The hearing was part of the latest bid by Sandusky's lawyers to secure a new trial for him as his lawyers prepare to go to federal court to seek a new trial after failing repeatedly in state courts.

In court, Sandusky, 82, appeared on a video screen in a spare room in Laurel Highlands state prison, seated at a small table in a maroon-colored shirt looking up at the camera through glasses.

Under questioning, he told Centre County Judge Maureen Skerda he had consulted with his lawyers about the decision not to present the accuser's testimony recanting the allegations from Sandusky's 2012 trial.

"I'm making this decision on advice of counsel," Sandusky said, his arms on the table in front of him, a notepad between them. "Is there anything wrong with that?"

Sandusky, 82, has been serving a decades-long prison sentence since he was convicted of 45 counts of sexual abuse in 2012, after eight young men testified about what happened to them as boys.

Sandusky's lawyer, Jerry Russo, told reporters later that state courts frown on granting new trials based on a witness recantation, seeing it as "inherently unreliable."

Instead, Russo said, he plans to take Sandusky's broader claims for a new trial to federal court — Sandusky's made at least three attempts in state courts — after one more procedural appeal in state court.

Last year, Sandusky's lawyers had asked for a new trial, claiming there were inconsistencies in the accusers' testimony and that their testimony was driven by the possibility of financial gain, coaching by prosecutors and "therapy intended to (help) them reconstruct memories of alleged abuse."

Skerda months ago had refused to hear the claims, except for the recantation of the victim identified in court documents as R.R.

On Tuesday, Russo suggested that it wasn't worth taking the time for the judge to hear and consider the recantation testimony if it has no chance to win a new trial in a state court.

"If that's the only issue that remains for us to litigate, there's no purpose being served litigating it here in state court," Russo said.

Skerda told Russo and Sandusky that withdrawing the request to present the recantation from the accuser, identified in court documents as R.R., meant that it could not be litigated again in state or federal court.

Russo agreed with that assessment, saying "technically" it is true, but also suggested that the recantation could find its way into federal court, saying that "there are other witnesses that can testify" about R.R.'s recantation.

The Pennsylvania Office of Attorney General had said the supposed recantation was "highly suspect" and said it had prepared to rebut the recantation claim with testimony from six witnesses and other evidence.

In a statement, Attorney General David Sunday called Sandusky a "convicted child predator" and said he is making another attempt to "avoid accountability and escape punishment for years of abuse he perpetrated."

Sandusky was the defensive coordinator at one of the country's top football programs under Hall of Fame head coach Joe Paterno. The scandal led to Paterno's firing, and the university paid more than $100 million to people who said they were abused by Sandusky.

Authorities said he found and groomed boys at The Second Mile, a charity he founded for at-risk youth. Sandusky has repeatedly declared his innocence.

R.R., who was 25 years old at trial, testified that when he was 11, Sandusky sexually abused him in the coach's basement in 1998, a transcript shows.



Supreme Court will decide whether criminal cases must have 12 jurors, in Florida case
Law Firm News/New Mexico | 2026/06/18 08:28

The Supreme Court on Monday agreed to decide whether states can use juries made up of only six people in criminal cases, instead of the usual 12. The case puts a Florida chiropractor convicted of practicing with a suspended license in an unlikely leading role in a constitutional clash.

The justices will hear arguments in the fall in the case of Hamed Kian, who argues that a six-person jury violates his constitutional rights.

Florida uses six-person juries for all criminal cases that don't involve the death penalty. Five other states, Arizona, Connecticut, Indiana, Massachusetts and Utah, also conduct some criminal trials with six-member juries.

The 45-year-old Kian's license was suspended after three women who were his patients complained he either kissed or touched them inappropriately, according to court records.

Prosecutors sought an indictment after amassing evidence that Kian, who had an office in Jupiter, continued to see patients even after the suspension. He was convicted by a six-person jury.

Kian's lawyers argue that the smaller jury violates the Sixth Amendment, which guarantees "a speedy and public trial, by an impartial jury of the state."

The amendment does not explicitly set the size of the jury, but Kian's lawyers contend that the word jury could only have meant a body of 12 people at the time the amendment was adopted in 1791. Just over 100 years later, the Supreme Court ruled that juries had to have 12 people.

But in 1970, the justices changed course and ruled by a 7-1 vote that the number 12 was not sacrosanct, also in a case from Florida. Justice Thurgood Marshall was the only dissenter.

More recently, the court has placed renewed emphasis on the original understanding of the Constitution. In another Sixth Amendment case, the court ruled in 2020 that juries must be unanimous in criminal cases, effectively overturning a 1972 decision that had allowed for non-unanimous convictions in criminal cases in Louisiana and Oregon.

"The same reasoning applies to the historical right to a jury of twelve," Kian's lawyers wrote in their appeal to the court to step in. "When the People enshrined the jury trial right in the Constitution, they did not attach a rider that future judges could adapt it based on latter-day social science views."

In trying to persuade the Supreme Court to leave Kian's conviction in place, Florida Attorney General James Uthmeier wrote that the 1970 case was correctly decided and "overruling it also would imperil thousands of criminal convictions in Florida and five other states that for more than 50 years have relied on its rule."



Tiger Woods says he'll seek treatment after pleading not guilty to DUI
Law Firm News/New Mexico | 2026/04/06 07:47

Tiger Woods said Tuesday he is stepping away to seek treatment, four days after his vehicle crashed in Florida and he was arrested on suspicion of driving under the influence. He will miss the Masters for the second straight year.

"This is necessary in order for me to prioritize my well-being and work toward lasting recovery," Woods said in social media posts.

Woods pleaded not guilty in his driving under the influence case in Florida on Tuesday, hours after a sheriff's report said deputies found two pain pills in his pocket and he showed signs of impairment after his SUV clipped a trailer and rolled over on its side.

The online court docket for Martin County showed Woods entered a written plea of not guilty and planned to waive his April 23 arraignment hearing.

It's the second time Woods has taken a leave following a car crash. In 2009, after his SUV plowed into a fire hydrant and tree outside his home near Orlando, he took a leave of absence to work on being a better person. That lasted four months and he returned at the Masters.

Woods' eyes were bloodshot and glassy, his pupils dilated and he had opioid pills — identified as hydrocodone — on him when interviewed at the scene of the crash, according to the arrest report released by the Martin County Sheriff's Office.

Woods' movements were slow and lethargic, he was sweating as he talked to deputies in the back seat of an air-conditioned car and he told them he had taken prescription medication earlier in the morning, according to the report.

Woods told deputies he had been looking at his phone and fiddling with the radio moments before he hit the trailer, the report said.

Woods has not played an official event since the 2024 British Open. He was recovering from a seventh back surgery in October and was trying to return at the Masters, where he is a five-time champion.

"I'm committed to take the time needed to return in a healthier, stronger and more focused place, both personally and professionally," Woods said in his statement.

Woods will not be in Augusta, Georgia, where he was to appear with Masters chairman Fred Ridley to celebrate the opening of a refurbished municipal course that involved Woods, or for the prestigious Masters Club dinner for champions.

"Augusta National Golf Club and the Masters Tournament fully support Tiger Woods as he focuses on his well-being. Although Tiger will not be joining us in person next week, his presence will be felt here in Augusta," Ridley said in a statement.

Woods serves a key role on the PGA Tour board by leading its Future Competition Committee reshaping the schedule. A tour spokesman said Woods did not take part in Tuesday's meeting, and the work would continue in his absence.

Woods was traveling at high speeds on a beachside, residential road on Jupiter Island with a 30 mph speed limit when the accident occurred. The truck had $5,000 in damage, according to the report.



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