Earlier this week, the former Penn State football coach accused of sexually assaulting 10 boys made the decision to waive his preliminary hearing. Now, Jerry Sandusky will proceed directly to his sex crimes trial, which criminal defense experts say is probably the best at this point.
The announcement of the waiver came just minutes before the hearing was scheduled to start, after the courtroom had already been filled with court officials, witnesses and spectators. Although photographers and news cameras were not allowed in the courtroom, there likely would have been numerous media reports on the testimony and allegations laid out in the preliminary hearing. Legal experts believe this is one of the reasons that Sandusky and his defense team likely decided not to go through with the hearing.
A preliminary hearing in Pennsylvania is much like a grand jury hearing in format and purpose: witnesses testify, the prosecution and defense present evidence, and the presiding judge determines whether there is sufficient evidence to go to trial. It is generally beneficial for the defendant, as it gives him or her the opportunity to cross-examine the witnesses and determine their credibility and ability to hold up to questioning.
By waiving the preliminary hearing, Sandusky essentially declined to challenge whether the prosecutors had sufficient evidence to go to trial. However, any benefits that could arise from the hearing would likely be outweighed by the negative effects of the many media reports that would detail the claims set forth in the hearing and the alleged victims' testimony. This is likely why Sandusky decided to waive the hearing and proceed to trial.
Source: Reuters, "Analysis: Waiving hearing was Sandusky's best option: experts," Andrew Longstreth, Dec. 13, 2011
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