Sandusky notifies trial court he plans to appeal

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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.

Temple basketball legend Hal Lear dies at 81

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Photo: Temple University

Temple basketball legend Hal Lear dies at 81

Temple University and Philadelphia basketball legend Hal Lear died on Saturday at the age of 81.

"The entire Temple University community mourns the loss of Hal Lear," Patrick Kraft, Temple's athletic director, said in a statement.

"Hal was an All-American on the court, and, with Guy Rodgers, part of the greatest backcourt in Philadelphia basketball history. More importantly, though, he was truly a great man, and beloved by all. Our thoughts and prayers are with his wife Maggie and the entire Lear family at this time.”

Lear is one of four players to have his number retired by the university, as Temple retired his No. 6 in a ceremony on Jan. 30, 2013, at the Liacouras Center. He still holds the school's single-season record for most points scored — 745 set in 1955-56, his senior season, when he helped the Owls reach the Final Four for the first time in program history, and he's just one of three players in school history to average 20 or more points in two different seasons, with Mark Macon and Guy Rodgers being the others.

On May 7, 2013, Lear was elected into the Middle Atlantic Conference Hall of Fame.

He finished his Temple career scoring 1,472 points and averaging 19.0 points in 79 games, and is widely considered one of the best players to ever put on an Owls uniform.

The Philadelphia Warriors drafted Lear, a left-handed guard who starred at Overbrook High School, in the 1956 NBA draft. He played just three games in the NBA.

Lear is survived by wife, Maggie O’Keefe Lear, nine children, 21 grandchildren and one great grandchild.

“Hal Lear was not only one of the greatest players, but one of the greatest people in Temple basketball history,” Owls head coach Fran Dunphy said. “He personified class in every way, was a loving husband, father and grandfather. He is someone that will be remembered for his great feats on the court and how he handled himself with grace off it. A great man has left us."

Jerry Sandusky accuser asks to limit questioning, protect identity

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USA Today Images

Jerry Sandusky accuser asks to limit questioning, protect identity

HARRISBURG, Pa. — A man who claims he told Penn State football coach Joe Paterno in 1976 that he was sexually abused as a teen by Jerry Sandusky asked a judge Wednesday to protect his identity and limit questioning by lawyers in a lawsuit brought by Paterno's family against college sports' governing body.

Lawyers for the man called John Doe 150 said he gave a sworn deposition in October 2014 in a related case, brought by Penn State against its insurer over coverage for Sandusky-related claims, and that he should not have to endure another one.

He previously testified under oath about his abuse claims "and his reporting of the abuse to Coach Joseph Paterno and Penn State," his lawyers told Judge John Leete, who is presiding in the Paternos' lawsuit against the NCAA.

"Forcing John Doe 150 to sit through yet another deposition is not only duplicative, unnecessary and unduly burdensome, but it would force this victim of childhood sexual abuse to, again, relive the trauma of his abuse," his lawyers wrote. They said he settled with Penn State in 2013 and has kept his abuse a secret from those closest to him.

They alleged the abuse occurred when the man was a 14-year-old participant at a Penn State football camp but disclosed no other details.

Paterno, who died in 2012, said in an interview before his death that an assistant's report in 2001 of Sandusky attacking a boy in a team shower at the State College campus was the first he knew of such allegations against his longtime top assistant.

Sandusky, a former Penn State assistant football coach, was convicted of 45 counts of child sexual abuse and is serving a sentence of 30 to 60 years in prison. He maintains his innocence and is pursuing an appeal.

John Doe 150's lawyer, Slade McLaughlin, said in a phone interview Wednesday that his client was concerned about "nuts" harassing him over his role in the scandal, which has generated strong feelings.

"Some of these people are really over the top and some of these people are militant, and some of these people, in my mind, are terrorists," McLaughlin said.

The filing comes two days after Penn State asked the judge to reject a subpoena from the NCAA in the Paterno family lawsuit, seeking the man's name and the identity of a Sandusky accuser who made a confidential settlement with the school over claims he was abused as a boy by Sandusky in 1971.

Penn State said neither settlement agreement contains specifics about either man's claims.

In May, the judge in the insurance dispute being litigated in Philadelphia said in a written opinion that there was a claim that Paterno was informed by a boy in 1976 that Sandusky had abused him. The school subsequently also confirmed it had settled over a 1971 allegation.

The judge has since decided to disclose more information about the two claims, details that are expected to be made public in about three weeks.

The Paternos are suing the NCAA, saying it used a Penn State-commissioned report that harmed their commercial interests. Two former Penn State coaches, Jay Paterno and Bill Kenney, are also suing the NCAA, saying the report made it impossible for them to find comparable work.

Jerry Sandusky granted hearing in appeal of sex abuse conviction

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The Associated Press

Jerry Sandusky granted hearing in appeal of sex abuse conviction

HARRISBURG, Pa. — A judge on Thursday ordered hearings to let former Penn State assistant football coach Jerry Sandusky develop more information as he tries to overturn his child molestation conviction.

Judge John Cleland said the three days of proceedings in August will address, in part, whether defense lawyers should have called Sandusky to testify and whether prosecutors improperly leaked information about the grand jury investigation.

The hearing also will delve into whether prosecutor Joe McGettigan lied during closing arguments at Sandusky's 2012 trial when he said he did not know the identity of a figure referred to as Victim 2.

"The question is what Mr. McGettigan believed to be true when he made the statement to the jury," Cleland said.

Sandusky, 72, is serving a 30- to 60-year sentence for 45 counts of child sexual abuse covering 10 victims.

Eight young men testified they had suffered abuse at Sandusky's hands. The two others were Victim 2, who assistant coach Mike McQueary testified he saw being abused by Sandusky in team shower in 2001, and a boy who was reportedly seen by a custodian with Sandusky in the locker room.

Also at issue on appeal are decisions by Sandusky's lawyers to let him do an television interview with NBC's Bob Costas soon after his arrest, to waive his preliminary hearing and to not use grand jury testimony by three Penn State administrators.

A spokesman for the attorney general's office said prosecutors feel strongly that Sandusky's appeal is meritless and they plan to challenge the claims vigorously. A message seeking comment from Sandusky's appellate lawyer, Al Lindsay, was not immediately returned.

Cumberland County prosecutor Dave Freed, speaking for the state district attorneys' association, said complicated cases sometimes generate multi-day post-conviction appeals hearings.

"This order seems to me very much in keeping with the way Judge Cleland conducts business, which is he lays out very clearly what he expects, how he expects the hearing to go, allows sufficient time for it and allows the parties to prepare so he can use court time efficiently," Freed said.

Sandusky previously lost direct appeals to the state's Supreme and Superior courts. He is now pursuing claims under the state's Post-Conviction Relief Act, which is confined to newly discovered evidence, constitutional violations and ineffective lawyering.