Monday, January 2, 2012

Sandusky Sabotage(?)

Let me start out by apologizing in advance for being way-dated - and by that I mean almost 30 days late - this part of this national story is less than 30 days old and it feels like an ETERNITY, in fact, I had kinda already forgot about an aside, it makes blogging really effing hard b/c who can keep up with all this shit? Not with 2 kids during the holiday season....

Regardless, what I wanted to comment on is the (at least) apparent mess, Mr. Sandusky's defense is making of his least from this criminal defense attorney's point of view.

Let's start out by explaining that there are 2 basic systems almost all states use in order to charge someone with a felony and remain in line with state and federal constitutions - either you have a grand jury indict someone; or, you have a preliminary hearing. Either way, its pretty easy - in fact the old story goes you can indict a ham sandwich...and, it's mostly true. A grand jury is a panel of laypeople from the community who are empaneled and then hear from the prosecutor about the evidence they have to convict someone. But 99% of the time, they only hear from the prosecutor - can you imagine? You are the "grand juror" - a cop gets up and testifies that he saw this guy, drunk and disorderly, sell some drugs, and then get in a fight and beat someone up (or down)....that's it, end of, then the prosecutor says, I think we should charge this scumbag with all these crimes, blah blah blah blah blah...and that's it....end of, are you going to charge him with this stuff? Of course you are, why wouldn't you? What have you heard to make you think otherwise?? NOTHING!

A preliminary hearing is similar - a prosecutor presents what they have that they think proves the crimes they want to charge. Now, it's often early on so it's not the complete picture, but it's something. And, from this defense attorney's perspective, you're not showing your hand this early, so that's what the judge hears, again, completely one-sided story....then the judge has to decide if that is enough evidence for any juror to convict you - or, if there was probable cause to charge this other words, not whether you are guilty beyond a reasonable doubt, but just that you seem guilty...if so, charges filed and the case moves forward....if not, the case is temporarily dead until more evidence can be uncovered; or, the statute of limitations runs.

As a defense attorney, you can waive either one, and agree to be charged with a felony but, more often than not, there is little reason to give up this formality and fall on your sword - since we're talking about being charged with a felony, this is a pretty jagged and ugly sword.

Bottom line, it's not hard in either case to get an indictment and charge someone with a felony. So, it's not surprising to see someone waive this hearing. Yet, at the same time, why not see what the prosecutor has?? It's a free shot at part of their case, if you will. In this case, the only reason I can think that Sandusky waived this hearing is that he (and his criminal defense lawyer) didn't want this story told again, and again, and again, by the parade of (alleged) victims and what they say Sandusky did to them when they were little boys. No one wants to hear that, least of all, Sandusky himself....he knows exactly what these guys are going to say. The only reason being that the court of public opinion has convicted this poor bastard a million times already (and from this criminal defense attorney's perspective, it appears rightfully so), what I'm saying is, waiving this hearing?.....only in desperation....

Same with that weird interview he gave - to Bob Costas? Live? With almost no warning? Who knows, maybe Sandusky's attorney is a genius, but if you're doing this last minute I'll let my client talk to the world thing, maybe he shouldn't sound like a freaky pedophile who can't say he's not attracted to young boys...not a great call from the defense attorney.....all I mean is that, from an experienced criminal defense attorney's point of view, letting your client talk..AT a huge move and one only taken when, letting your client talk, in that situation? on national TV? ballsy...and then to have it crash and burn like it did? That's a very questionable maneuver...

So, that's the part that amazes me...this guy....he must be getting paid...a LOT! And, what I can't figure how is this - is he just stupid? Or, is he SO desperate, that it doesn't matter and he might as well try what he's trying.....we'll eventually know....maybe....


  1. What infuriates me about this mess is the fact that this country places a ridiculous importance on football -- college or NFL - and if weren't for the fact that this serial pedophile was a long time coach/associate of a winning college team, he would have been charged with sex crimes a long time ago and would have been locked up years before he ever could have harmed another innocent child. The Sandusky story exemplifies how f***** up our priorities are as a county. The men who: witnessed, had a hunch about, turned the other cheek on, ignored and/or swept these horrific abuses under the rug cared more about a football score than the fundamental well-being of a child...Well shame on them all. Karma is a bitch.

  2. His chickens have come home to rest. Perhaps the defense is going to use insanity? You'd have to be crazy to not outright say , "no, I'm not attracted to young boys", enter Michael Jackson.... And remember how his trial went!?? It's all so disgusting, and I think the assistant coach who caught him should also face some charges. Fuck um all.