This morning, Judge John Cleland denied a request from Jerry Sandusky’s defense attorneys to have charges relating to three of the alleged 10 victims dismissed, saying that he’ll let the jury decide. Sandusky’s defense asked that charges relating to alleged victim no. 6, and the two incidents in which the alleged victims—numbers 2 and 8—have not come forward, be dismissed.
Alleged victim no. 6 testified that he showered with Sandusky in Penn State locker room facilities but that he blacked out after Sandusky lifted him up to the shower nozzle. The defense argued that because he does not remember this, there isn’t enough evidence.
Then-Penn State football graduate assistant coach Mike McQueary testified last week that he saw what he believed was Sandusky sodomizing a young boy (alleged victim no. 2) in the shower. The defense argued that McQueary was unable to provide a suitable age description for the boy. During that infamous Bob Costas interview, Sandusky defense attorney Joe Amendola said he had found that alleged victim and that he denies any wrongdoing on Sandusky’s part.
Victim no. 8 was allegedly involved in the incident involving a Penn State janitor running out of the locker room and telling two other janitors that he saw Sandusky licking the boy’s privates. This alleged victim also has not come forward. The defense questioned the janitor’s timeline, and the janitor is unable to testify because he suffers from dementia. But one of the janitors he told after the incident testified last week and said he reported the incident to his supervisor.
The prosecution did withdraw one of the 52 charges against Sandusky of endangering the welfare of children as it related to alleged victim no. 7.