A Jefferson County judge denied Jerry Sandusky’s appeal for a new trial on Wednesday, but Sandusky’s attorneys say their fight for “justice” will continue.
In a 60-page opinion, Judge John Foradora describes in detail why he denied Sandusky's petition after six hearings involving the post-conviction relief act petition. He dissected each of the 34 claims made by the defense, among them ineffective counsel, grand jury leaks to the press, lack of objections during trial and the infamous Bob Costas interview on NBC.
Sandusky’s attorney during the trial, Joe Amendola, testified he told Sandusky: "What you're going to have to do is explain to Bob Costas in a brief phone conversation that you're innocent, we expect to prove your innocence at trial.”
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Foradora said it seemed to Amendola to be clear and sufficient instruction, proving further his belief there was no merit for ineffective counsel.
When it comes to questioning the 10 victims’ inconsistent stories, or possible motivation by greed prior to trial, Foradora said Amendola emphasized it in cross-examination and to a jury, and, said in his opinion, "Though unsuccessful, Amendola's strategy was certainly a reasonable one ..."
A total of 34 claims were raised, but the court concluded by saying the bulk of Sandusky's team's claims are meritless.
Foradora said Amendola's actions were informed by reasonable strategy and do not "call into question the overall effectiveness of the defense counsel provided or the legitimacy of the verdict."
Sandusky has been in isolation in jail and likely would not find out about the decision until much later, his attorney said.
“I can't communicate with him in the prison – (his wife) Dottie is down seeing him right now,” said Al Lindsay. “And Dottie told me he won't be able to find out until the news tonight what happened. We'll go down and see him in the next few days. We see him often.”
Lindsay says the public image of Sandusky is a far cry from the man he knows.
"I think Jerry and Dottie are the two most courageous people I've ever met," he said.
Lindsay says he will continue to prove Sandusky's innocence and has 30 days to file an appeal to the state superior court. He doubled down on what he called significant problems during trial that were never challenged.
"Our position throughout all of this is that his counsel was ineffective and did not properly challenge the credibility or authenticity of what these witnesses are saying,” Lindsay said.
Several options remain for Sandusky, a former Penn State assistant football coach, beginning with the appeal to the superior court, Lindsay said.
"There are many roads to follow in order to achieve what we need to achieve to bring this matter to justice,” he said.
Lindsay's goal is to get this case back in front of a jury to fix what he calls “a great injustice.”
"These acts which Jerry Sandusky is being accused of simply did not happen, and if you actually look at them individually, they're ridiculous,” he said.