A judge denied Jerry Sandusky’s request to cancel an evidentiary hearing after the former Penn State football assistant coach decided to pursue his appeal to federal court.

Special-presiding Judge Maureen Skerda ordered the September 8 hearing to proceed as scheduled, though no witnesses are expected to be called and no evidence presented.

That means Ryan Rittmeyer — known as Victim 10 during Sandusky’s 2012 trial — is no longer expected to discuss the recantation of his 2012 testimony. The September 8 hearing was originally scheduled to consider Rittmeyer’s recantation of his allegations of sexual abuse.

Rittmeyer said in a signed affidavit that he had no “clear or certain” memory of Sandusky sexually abusing him when he was first interviewed by the Pennsylvania State Police. He said prosecutors questioned him multiple times about his experience with Sandusky and encouraged him to reconsider his recollection of interactions.

The Pennsylvania Office of Attorney General told Onward State the recantation was “highly suspect.“

Jasmine Rittmeyer, Ryan Rittmeyer’s estranged wife, investigative journalist Frank Parlato, and former Pennsylvania deputy attorney general Frank Fina were all scheduled to testify at the hearing along with Ryan Rittmeyer.

Instead of a full hearing, Sandusky, who was expected to make his first appearance in court in seven years, will now attend remotely for a colloquy “to determine his understanding of the withdrawal of his claim,” according to the order.

The former Penn State football coach is expected to confirm on the record that he is withdrawing the claim on the advice of counsel.

The change comes after Sandusky’s attorneys filed a motion to withdraw the recantation claim and waive the hearing as he seeks to pursue relief in federal court.

Federal relief allows state prisoners to challenge their confinement on federal constitutional grounds. Prisoners generally must exhaust available state court remedies before a federal court can grant relief.

Sandusky said in an audio clip posted on X by John Zeigler that he has lost hope in the state and county courts since his 2012 conviction.

“Over the years, I have brought 15 serious issues before Pennsylvania’s courts, each one showing I deserve a new trial,” Sandusky said.

“Every one was swatted down. I have no faith this one would be treated differently, no matter how compelling the evidence. In federal court, every one of those issues can be heard together by judges who have not already made up their minds about me… I need to get there as fast as possible.

“I am 82 years old. I am innocent. I intend to be alive when the truth is heard.”

Sandusky, now 82, was convicted in June 2012 on 45 counts related to the sexual abuse of 10 boys. He was sentenced to 30 to 60 years in prison and has repeatedly failed in efforts to overturn his convictions.

Ryan Rittmeyer has not withdrawn his affidavit or reversed his recantation, according to the Post Journal.