Jerry Sandusky's lawyer filed a motion Wednesday with the Court of Common Pleas of Centre County, Pa. to postpone the former Penn State defensive coordinator's child sex-abuse trial.
In a 13-page motion, defense attorney Joe Amendola argued that he was still awaiting evidence from prosecutors, and feared he'd be unable to effectively and adequately represent his client without it. The trial is scheduled to begin June 5, and Judge John Cleland has already denied a continuance request.
Sandusky faces 52 criminal counts of sexual abuse of 10 boys over 15 years. He has pleaded not guilty and is currently under house arrest.
The news comes a day after the Harrisburg Patriot-News reported that Mike McQueary, a key witness for the prosecution, had changed details of his testimony. The former Penn State assistant initially testified that he witnessed Sandusky sexually assaulting a young boy the Friday before spring break in 2002, but new evidence suggests that the incident actually occurred on Feb. 9, 2001.
McQueary, who recently filed a civil lawsuit against Penn State, was a key figure in the university firing of head coach Joe Paterno and others for their lack of response to reports of alleged crimes by Sandusky. McQueary testified that he told Paterno the next day about what he saw, but now there are questions about the veracity of that claim.
If all the other facts match up to be identical, I think it's just an error without any harm for the prosecution, Scranton, Pa., defense lawyer Joseph D'Andrea told the Associated Press. However, if there are other inconsistencies, it gives the defense a reason to create some doubt about the credibility, sincerity, honesty and true recollection of what McQueary had to say.
The change in the evidence could also eliminate any possible legal ramifications for former Athletic Director Tim Curley and ex-Vice President Gary Shultz. A defense attorney for the pair told reporters that the new evidence puts the case beyond the statute of limitations.