Sandusky notifies trial court he plans to appeal


Sandusky notifies trial court he plans to appeal

HARRISBURG, Pa. -- Jerry Sandusky's attorneys have notified his trial judge that he wants a state appeals court to overturn his convictions for molesting boys.

Attorneys for the former Penn State assistant football coach filed a pair of appeal notices Thursday that indicate Sandusky wants the state Superior Court to take up his convictions on 45 counts of child sexual abuse. The notices were filed in the Centre County Courthouse in Bellefonte, the site of his three-week trial last summer.

Also Thursday, Penn State outlined in a new court filing why it thinks a defamation and whistleblower lawsuit filed by a former football assistant coach who reported Sandusky in 2001 lacks merit and should be dismissed.

The university filed a 33-page document that fleshed out its response to Mike McQueary's civil suit over how he was treated after reporting that he saw the former defensive coordinator showering with a boy.

In the Sandusky criminal case, the new defense filing comes a month after the trial judge rejected their post-sentencing motions, including an argument that his attorneys lacked sufficient time to prepare for trial.

Judge John Cleland also rejected motions regarding jury instructions, hearsay testimony and a comment by the prosecution during closing arguments that referred to the fact that Sandusky, who did not testify at trial, gave media interviews after he was arrested in November 2011.

In the appeals notices, Sandusky's defense attorneys did not elaborate on the issues he plans to raise on appeal. But lead appellate counsel Norris Gelman said he would make many of the same arguments that Cleland rejected in January.

"The publicity has been bad," Gelman said Thursday. "All we can do is hope that it will not affect or infect the judges of the Superior Court."

He said the likely next step will be for Cleland to order Sandusky's lawyers to file a document that lists their intended claims. After that, Cleland would write an opinion about the case and certify the trial record to Superior Court. Gelman would then get two or three months to file a brief to the appeals court.

The attorney general's office had no immediate comment on the notices.

In the McQueary lawsuit, Penn State's new filing argued that statements in late 2011 by Spanier in support of former administrators Tim Curley and Gary Schultz did not suggest McQueary was lying. McQueary is suing for millions of dollars, alleging Spanier made him a scapegoat.

"This daunting analytical leap is illogical and insufficient as a matter of law," wrote Penn State attorney Nancy Conrad. She said "no fair, cogent reading of the statements suggests that Spanier was making statements by innuendo about (McQueary) that he knew were false or with reckless disregard for their falsity."

Conrad declined an interview request, and a message left for McQueary's lawyer Elliot Strokoff was not immediately returned.

Sandusky, 69, is serving a 30- to 60-year state prison sentence for the sexual abuse of 10 boys, including violent attacks inside Penn State athletics facilities. He maintains his innocence.

After beating Ohio State, Penn State ranked for 1st time since 2011

After beating Ohio State, Penn State ranked for 1st time since 2011

After its signature win over Ohio State on Saturday night, Penn State finds itself ranked for the first time since 2011.

The Nittany Lions (5-2, 3-1 Big Ten) are ranked No. 24 in the latest AP poll. The Lions stunned the Buckeyes, 24-21, on Saturday in a White Out at Beaver Stadium (see game story).

With the loss, Ohio State drops from No. 2 in the country to No. 6 (see full poll).

While head coach James Franklin sidestepped the signature win question after the game (see story), there is no question the Ohio State win is one that has been lacking in the Franklin era at State College. Even junior cornerback Grant Haley, who scored the go-ahead, 60-yard touchdown off a blocked field goal in the fourth quarter, believes it was much-needed too.

“It’s just a game that put Penn State back on the map," Haley said. "We needed that signature win, and we did it tonight."

Penn State heads to Purdue next Saturday for a noon kickoff against the Boilermakers.

Penn State's signature win over Ohio State has it feeling it's back on map

Penn State's signature win over Ohio State has it feeling it's back on map

STATE COLLEGE, Pa. – In another day and time, the late John Facenda — the voice of NFL Films and the very “Voice of God,” as he came to be known — described Marcus Allen “running with the night” while scoring a particularly memorable touchdown for the Raiders in a Super Bowl victory over Washington.

On Saturday, another Marcus Allen went soaring into the night, not to mention Penn State lore.

A blocked field goal by the Nittany Lions’ junior safety resulted in a go-ahead 60-yard TD return by teammate Grant Haley, as PSU upset No. 2 Ohio State in Beaver Stadium, 24-21 (see story). That led to the team’s fans, dressed appropriately for a White Out, to storm the field, and led to the kind of emotions that hadn’t been felt on campus in a long, long time.

“This is for everybody,” coach James Franklin said.

The Langhorne native talked about the game being “a big step in the right direction” as far as healing a community wounded by the Jerry Sandusky child sexual-abuse scandal. He talked, with tears in his eyes, about the death of his brother-in-law four days earlier.

Yet he didn’t wish to discuss whether it was the kind of signature victory he needed to propel the program back toward prominence (or, for that matter, ensure his job security).

“That’s for you (media) guys, all that signature stuff,” he said, adding that he “didn’t want to spend a lot of time talking about the big picture.”

Rather, he said, “I just want to enjoy tonight.”

Understandable, since the Lions, 5-2 after their third straight victory this season, beat a ranked team for the first time since 2013 (No. 14 Wisconsin), beat a team ranked in the top five for the first time since 1999 (No. 4 Arizona) and earned a victory over their highest-ranked opponent since knocking off No. 1 Notre Dame in 1990.

PSU also snapped a 20-game road winning streak on the part of the Buckeyes (7-1). Seventeen of those victories had come in Big Ten play.

Few people saw it coming, though middle linebacker Jason Cabinda said that amid a sleepless Friday night at the team hotel, he and his roommate, fellow ‘backer Manny Bowen, allowed themselves to dream.

“We were just talking about how great it would be to pull this off,” he said, “and how we believed we could pull this off, and how it would be like writing history.”

It was already etched upon the pages of Brandon Bell’s mind.

“This was no fluke,” the senior linebacker said. “This is what we train for. This is what we go out there and play for. Obviously everybody is (saying) we shocked the world, but this is what you expect. Or what I expect.”

Bell, playing for the first time since the season’s second week because of a leg injury, had a career-high 19 tackles and one of his team’s six sacks. Cabinda, playing for the first time since the opener because of a hand injury, had 12 tackles and a sack of his own. Bowen added 11 stops, and defensive end Garrett Sickels, suspended for the first half for violating a team rule, had career highs of nine tackles, 3½ tackles for loss and 2½ sacks.

“Maybe,” Franklin said, “I should suspend him for the first half for the season.”

With Cabinda and Bell back, the Lions were more aggressive on defense than they had been, more varied. Yet the game seemed to be getting away from them when Ohio State built a 21-7 lead through three quarters.

J.T. Barrett, the Buckeyes’ splendid quarterback, had thrown for one touchdown, Curtis Samuel had busted off a 71-yard run for another and PSU’s repeated special-teams blunders (a blocked field goal, a fumbled punt and a bad snap on a punt) had left the Lions staring up at a team that had won its previous 78 games when leading by 14 points or more in the fourth quarter.

OSU had, however, been extended to overtime the previous weekend at Wisconsin, while PSU had a bye, two things that might very well have contributed to all that happened next. You had Lions QB Trace McSorley capping a brisk 90-yard drive with a scoring run early in the final period. And freshman linebacker Cam Brown blocking a punt (even though the block wasn’t on) to set up Tyler Davis’ field goal, cutting the gap to 21-17 with 9:33 left.

Then Allen blocked Tyler Durbin’s 45-yard field goal attempt as well, the first time since 2007 the Lions had rejected two kicks in the same game. Haley collected the rebound and set sail down the left sideline.

Durbin and holder Cameron Johnston gave chase, and Johnston, the punter, closed the gap on Haley, one of the fastest guys on Penn State’s team.

“I told him, ‘If you would have gotten caught by the kicker I never would have let you live that down,’” McSorley said.

Never mind that — Haley admitted he would have never forgiven himself.

He managed to make it the distance, though, and after Ohio State’s final drive ended with a pair of sacks, PSU had the victory.

When the gun sounded several Lions sprinted toward the student section at the south end of the stadium and performed their own version of the Lambeau Leap. And as the fans spilled out onto the field, two male spectators turned to each other high up in the west stands.

“We’re back in business,” one said to the other.

That seemed to be the feeling in the locker room, too.

“It’s just a game that put Penn State back on the map,” Haley said. “We needed that signature win, and we did it tonight.”

All because Marcus Allen soared, and took everyone else along with him.