Jerry Sandusky‘s trial, set for May 14, is going to be here before we know it. In the meantime, the constant pretrial motions are just part of the game.
Last week, the judge presiding over Sandusky’s case — the former Penn State defensive coordinator is facing over 50 counts of child-sex abuse — denied a motion requesting a delay in trial to some time in mid-July. The judge did, however, give prosecutors one week to turn over information from witnesses identified in investigative materials to Sandusky’s lawyers.
The defense had asked for more information from prosecutors, in addition to the delay, to assist in Sandusky’s defense. Some of that information was handed over late last week, but a motion filed Monday by the Pennsylvania state attorney general’s office argued that Sandusky and his lawyers should not be provided with other materials.
From the Associated Press report:
The 15-page response by state prosecutors said the former Penn State assistant football coach has no right through the court discovery process to records that consist of grand jury matters, pertain to ongoing investigations or amount to private personal information.
They also said Sandusky should not get psychological evaluations regarding purported victims or juvenile arrest records for someone who isn’t a “charged victim.”
“The prosecution is not required to turn over every piece of evidence which might possibly assist the preparation of the defense,” wrote senior deputy attorney general Jonelle H. Eshbach. The document was dated last Wednesday but docketed by Centre County court officials on Monday.
Each side is trying to get information while withholding as much as they can from the other. Filing motions; exchanging documents; hearings and appeals… it’s all a chess match.
Sandusky’s trial begins in a little over two months, but investigations into the allegations of sexual abuse currently extend to two other states and involve both state and federal authorities.
For the second time in as many days, a former Baylor football player has been arrested for his connection to an alleged gang rape in 2013., according to The Dallas Morning News. Myke Chatman, a former Baylor running back, was arrested Thursday by U.S. Marshals for suspected gang rape of a female Baylor student one day after former Baylor teammate Tre'Von Armstead was arrested and charged for the same incident.
Chatman and Armstead had previously been suspected of rape in 2013 but no charges were dropped at the time after the alleged victim chose not to pursue legal action against the football players. The woman filed charges against Baylor University in January and has since reached a settlement with the university. However, information from the lawsuit led to more information being revealed and shared with the authorities to contribute to ongoing investigations since these issues have been brought back to life in recent years.
Armstead was arrested for the second time this month, with the most recent arrest related to this 2013 incident. Earlier in March, Armstead was arrested for domestic battery, resisting arrest and damaging a police vehicle.
Sophomore defensive end Isaiah Washington has been ruled ineligible for the spring practice season at LSU, according to Ross Dellenger of The Advocate.
Washington was a four-star recruit in LSU’s Class of 2015. The New Orleans native appeared in six games for the Tigers as a freshman. Washington did not play in the 2016 season due to a knee injury suffered in the summer. He was slated to be a backup linebacker and defensive end in 2016 prior to the injury. It is expected to be a backup option for LSU’s defensive line with all four starters back this season.
Former Baylor and Boise State football player Sam Ukwuachu has had his conviction for sexual assault overturned, but he is far from free just yet. The 10th Couth of Appeals in Texas overturned a sexual assault conviction on Thursday and is sending the case back to district court for a brand new trial.
The Court of Appeals determined phone evidence used by the prosecution was improperly used and attained.
“In six issues, Ukwuachu complains that the trial court erred by allowing the State to reference the cell phone records of his roommate during its cross-examination of his roommate and his roommate’s friend, that the indictment was defective, that evidence of an extraneous offense was improperly admitted, that his due process rights were violated due to an abuse of the grand jury process by the State, and that text messages between the victim and a friend of hers the night of the alleged offense were improperly excluded,” an elaborate ruling from the Court of Appeals explained. “Because we find that the trial court erred by disallowing the admission of evidence … we reverse the judgment of conviction and remand this proceeding for a new trial.”
“While I respect the 10th Court of Appeals, I disagree with their decision and reasoning in this case,” McLennan County District Attorney Abelk Reyna said upon learning of the appeal decision. “I am extremely confident in the decisions made by our prosecutors and the rulings made by Judge Johnson in the trial of this case.”
Ukwuachu transferred from Boise State to Baylor after being dismissed by the Broncos program in 2013, reportedly following a case of depression in Boise. Boise State denied any knowledge of Ukwuachu’s violence toward women when he was with the program, which was prompted by comments from former Baylor head coach Art Briles. Former Boise State head coach Chris Petersen did claim to have informed Briles of Ukwuachu’s violent past.
Ukwuachu was found guilty and sentenced to 180 days in jail and 10 years probation for rape in August 2015.
The alleged victim of Ukwuachu has already settled a lawsuit with Baylor.
One day after Arkansas Governor Asa Hutchinson signed a bill to allow concealed guns to be carried into football stadiums, the state senate voted to make an exemption to block guns on game day.
The house bill that was signed into law by the governor this week would have allowed those with proper training to be allowed to bring a concealed handgun into an otherwise restricted area such as a football stadium. The bill overruled any stadium policies banning weapons as well, but that will no longer be the case.
According to the Associated Press, the Arkansas state senate voted 22-10 in favor of an exemption to the rule that would uphold a weapons ban in football stadiums throughout the state. The law will still allow those with the proper training to carry a concealed handgun on college campuses, in bars and government buildings, but football stadiums are off limits.
The amended bill still must pass through the House of Representatives in Arkansas.