HARRISBURG, Pa. (AP) — Jerry Sandusky wants Pennsylvania's highest court to take up his appeal of a 45-count child sex abuse conviction, saying in a petition released Friday that the trial judge should have instructed jurors regarding the length of time it took his victims to come forward.
The new filing also repeated other arguments that were recently rejected by the mid-level Superior Court, including a claim that Sandusky's lawyers lacked sufficient time to prepare and that a prosecutor improperly referred to Sandusky's decision not to testify.
"This is a notorious case," wrote his lawyers, Norris Gelman and Margeaux Cigainero. "It is a case that tests the limits of our ability to live up to the promise our constitution makes that even in the worst of cases, a fair trial will be afforded."
Gelman said Friday that it typically takes the Supreme Court two to seven months to decide if it will take a case. If it does, the justices will establish a briefing schedule.
A spokesman for the attorney general's office, which prosecuted Sandusky, declined comment.
The petition argues that Judge John Cleland's decision not to issue the "failure to make a prompt report" jury instruction was catastrophic to the defense strategy.
"It cut the heart out of (Sandusky)'s main defense," they wrote. "Just as the court could not deny (him) the right to forward such as defense, it had no right to dilute it so seriously by refusing the instructions."
Gelman noted Friday an announcement this week by Penn State that it has reached settlement terms with 26 young men, agreeing to pay them nearly $60 million over claims of abuse by Sandusky.
"My guess is that the jurors never dreamed that the complainants would become multimillionaires," Gelman said.
The defense lawyers said most of the eight young men who testified against Sandusky waited years to disclose the abuse, although one told his mother about showering with Sandusky the same day. The others ranged from two to 16 years, they wrote.
Cleland said he would not issue the jury instruction because he believed research indicates delayed reporting is not unusual in child sexual abuse cases, so a delay would not necessarily indicate dishonesty.
Also at issue in the latest defense petition is Cleland's decision to tell jurors to weigh Sandusky's character evidence against all other evidence.
"The jury was given no burden of proof or standard by which to weigh character evidence against the other evidence in the case," the defense lawyers wrote.
Sandusky, 69, a former Penn State assistant football coach, was convicted last year and is serving a 30- to 60-year state prison sentence.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
The Veteran Beer Company, a company employing solely veterans, is bringing its craft beers to Fort Wayne.
Fort Wayne officials are attributing the rise in violent crime to gangs. NewsChannel 15 spoke with a former LAPD officer about the Summit City's crime problem.
Employees at some Indianapolis fast food restaurants took part in a 100-city strike Thursday morning.
According to police, the callers in this phone scam target elderly people. The caller pretends to be the victim's grandson and says he is in trouble and needs money wired.
A bank robbery in Hoagland led to a high-speed car chase and ended with the apprehension of three people.
Police arrested a woman after she pulled a gun out on a Walmart employee and beat her with it. She told police she left the store without paying for several items because the employee was "treating her like a shoplifter."
An officer accused of coercing a drunk woman to have sex with him while she was in his custody during OWI patrol now faces felony rape charges as well as the sexual misconduct charges he was arrested for in September.
The Fort Wayne GM plant is one of two company facilities that have been chosen for a multi-million dollar investment by the automaker to turn gas generated from landfills into electricity.
Allen County Sheriff Ken Fries plans to run for the District 15 Indiana State Senate seat, which has been held by Republican Tom Wyss since 1985. Wyss announced earlier in the year he would not be seeking re-election.
From December 20 through Christmas Eve, Kohl's stores will remain open for more than 100 hours straight.
Some legal experts see potential problems with a prosecutor's proposal to hold a single trial before separate juries for the three people charged with causing a deadly explosion that devastated an Indianapolis neighborhood.
Indiana Gov. Mike Pence will seek to expand the nation's broadest school voucher program to disadvantaged preschool-age children and increase access to charter schools in his second year as governor.
The 2013 homicide total in Allen County of 44 has tied the all-time record set in 1997 with the year not yet over. Paul Helmke, who was Fort Wayne's mayor in 1997, said it got so bad that he began taking the violence as a personal attack.
Greater Fort Wayne Inc. showed off its new home on Wednesday.
The Allen County Juvenile Center has signed a new food service contract that could save taxpayers as much as $50,000 a year.