BELLEFONTE, Pa. — Jerry Sandusky's lawyers argued Thursday that he deserves a new trial because his defense lacked sufficient time to prepare for the first one, but the judge did not immediately rule after an hour-and-a-half hearing.
Attorneys for the former Penn State assistant football coach cited several alleged flaws in the trial, including that they were swamped by about 12,000 pages of documents and other materials, that Judge John Cleland should have instructed jurors about the years it took for victims to report he had abused them and that hearsay evidence was improperly allowed.
But prosecutors countered by showing most of the documents and records were not relevant to trial. They also got defense attorney Joe Amendola to admit that even after reviewing them after trial he did not find any that he would have used at trial.
"Where's the harm?" Cleland asked defense lawyer Norris Gelman. "That's where I'm hung up on this one."
Prosecutor Frank Fina told Cleland that the issue of "failure to report" by the victims was a major theme during the trial. It was brought up during both parties' opening statements and closing arguments and during cross-examination of the eight victims who testified against Sandusky, he said.
He said Amendola's performance at trial, and his questioning of witnesses, are evidence that a fair trial took place even though the case moved from arrest to verdict in about eight months.
"He used everything he had to cross-examine these young men," Fina said.
Gelman noted that some of the victims waited more than a decade to disclose their abuse.
"This is a long, long time not to make some kind of report ... and it goes to their credibility," Gelman said.
But Amendola, who testified Thursday, said the timetable did not permit sufficient investigation into the accusers' backgrounds. He also described a scramble to cope with a string of pretrial hearings while trying to adequately analyze the discovery materials. At one point his copier even broke down.
"Did we look at the material? Yes, we glanced over it," he said under questioning by Gelman.
Amendola recounted how he and co-counsel Karl Rominger sought unsuccessfully to be taken off the case, evidence of their frustration over how quickly things were moving.
Sandusky, 68, attended the hearing but played no active role in the proceedings. He briefly greeted his wife and supporters beforehand.
Sandusky was convicted in June of 45 counts of child sexual abuse and is serving a 30- to 60-year sentence at a state prison about 200 miles away from the courthouse in Bellefonte. He has maintained his innocence.
Cleland did not indicate when he might rule. If Sandusky does not get a new trial — he is also asking to have charges thrown out entirely — he can then appeal to Superior Court, and has indicated he will.
Sandusky's arrest tarnished the university's vaunted football program and led to the firing of longtime coach Joe Paterno, who died nearly a year ago from lung cancer.
After the hearing, Gelman compared Sandusky's odds to a 3-point shot in basketball, while Fina downplayed the defense's chances of success.
"I think the people of Pennsylvania can be confident this conviction is going to stand," Fina told reporters.
American Held in Grisly Czech Murders
Raw: Jersey Shore Reopens for Summer
UK-bound Pakistan Plane Diverted, 2 Men Arrested
Officials: Tsarnaev Friend Linked to Slaying
Obama:Sexual Assault Threatens Trust in Military
Bridge Collapse Survivor: 'Rough Day'
Jersey Shore Open for Business
Raw: Memorial Day Flags Placed at Arlington
New Wheelchair Lift Promises More Access
First Person: Mom Discusses Famous Tornado Photo
Raw Video: Washington State Bridge Collapse
Boy Scouts Approve Plan to Accept Gay Boys
Officials: Truck Hit Bridge Before Collapse
Sheriff: No Sign Killing of 2 Kids Was Planned
Obama Defends Drone Strikes, With Limits
Raw: Jurors Deadlock on Jodi Arias Penalty
Boy Scouts Decision "First Step" Say Activists
Raw: Utah Teen Arrested in Death of His Brothers
Closer Look at Okla. School Where Children Died
Two Suspects in Murder Known to London Police
AK-47-wielding thug may be the most bumbling crook ever
Oklahoma Survivors, Heroes Survey Damage
Trout's cycle a boost for Angels
Raw: New Video of Deadly Oklahoma Tornado
Kim Kardashian Flaunts Pregnant Bikini Body in Greece
NBA star pledges $1M to help tornado recovery
Shakira's Shocking Talent
Morgan Freeman falls asleep on air
GRAPHIC: Blood-Soaked Machete Killer Caught on Tape
Elin Nordegren Furious With Lindsey Vonn For Parading Kids in Public
Camera Captures Climber As He Loses Grip And Falls
Helen Mirren Meets with Dying Boy in Queen Elizabeth's Place
Crowd Chants '¡Si, Se Puede!' After Passage of Immigration Bill
DWTS Crowns a Winner
Police Ram House to End Hostage Standoff
Demi Moore a Rocks Bikini at Harry Morton's Family House
Anthony Weiner: I'm running for New York City mayor
Kate Middleton's Dress Flies Up
VIRAL: Baby makes epic soccer goal
The Hangover Baby All Grown Up
