Jerry Sandusky Denied New Trial, Will Be Re-Sentenced
The Pennsylvania Superior Court will not grant Jerry Sandusky a new trial, but has ordered his re-sentencing in Centre County, according to an opinion filed Tuesday.
Hearings for Sandusky’s current retrial appeal in Centre County began in May 2016 as his current attorneys argued he received ineffective counsel from his original attorneys, Joe Amendola and Karl Rominger, before, during, and after his original trial. The retrial was denied in October 2017 before it was appealed again to the Superior Court.
Despite denying a retrial, the Superior Court did find with Sandusky on a challenge to the legality of his sentence and how it was structured. Sandusky’s lawyers argue that the trial court did not properly use mandatory minimum sentences.
The Supreme Court’s 2013 decision in Alleyne v. United States found that any fact that increases the mandatory minimum sentence for a criminal defendant must be presented to the jury in the case. This changed Pennsylvania’s mandatory minimum sentencing structure, so allows Sandusky a new sentence.
The case will now be sent back to Centre County for re-sentencing without the previously-used minimum mandatory terms.
Sandusky was convicted on 45 counts related to child sexual abuse in 2012 and is currently serving 30 to 60 years in state prison.
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