Sandusky to cancel hearing, seek federal remedy for appeal

Jerry Sandusky has instructed his attorneys to seek cancellation of a Tuesday hearing in which one of his accusers was expected to recant his sexual assault accusation, opting instead to take his appeal for a new trial to federal court, according to a spokesperson and investigator representing the former Penn State football assistant coach.

Frank Parlato Jr., an investigator who has been looking into Sandusky's case for three years and who encouraged accuser Ryan Rittmeyer to formalize his recantation in court, told ESPN that attorneys for the 82-year-old would file paperwork this week to withdraw from the Tuesday hearing and instead seek a federal court remedy.

Former Penn State football assistant coach Jerry Sandusky continues to claim his innocence after his 2012 conviction for child sexual abuse. AP Photo/Gene J. Puskar Sandusky was convicted in 2012 of 45 counts of child sexual abuse and sentenced to 30 to 60 years in prison. Six charges were attributable to Rittmeyer, then known as Victim 10, who testified Sandusky abused him on multiple occasions in 1998 and 1999.

Rittmeyer swore in an affidavit that he did not have a clear memory of being sexually assaulted by Sandusky as a child, writing that investigators "repeatedly encouraged me to believe that Mr. Sandusky had molested me -- despite my lack of clear or certain memory of any such conduct." He said prosecutors assured him he would be compensated in subsequent civil proceedings.

In a statement provided to reporters last week, the Pennsylvania Attorney General's Office described the recantation as "highly suspect." The Attorney General's office told ESPN to "stay tuned as it sounds like defense counsel will be changing its course and this matter may be withdrawn." The office declined to elaborate.

Parlato said Sandusky's attorneys hoped to present other evidence they believe points to a flawed investigation and biased prosecution but were denied by the presiding judge. Instead, Sandusky will seek federal habeas relief, Parlato said, which generally requires prisoners to exhaust available state court remedies first.

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

The investigation into Sandusky led Penn State's board of trustees to fire longtime head coach Joe Paterno in 2011. Paterno, who died in 2012, acknowledged he had been made aware of an alleged incident involving Sandusky and a young boy in 2001.

Penn State said in 2013 it had reached 26 settlements with victims totaling $59.7 million. Rittmeyer received a $5.5 million settlement from the school.

Parlato was also slated to testify at the Tuesday hearing. His reporting played a key role in exposing the NXIVM cult and its leader, convicted sex trafficker and racketeer Keith Raniere, for whom Parlato once worked as a publicist.

Parlato has investigated the Sandusky case for three years, he said, interviewed Sandusky in prison and written numerous articles examining the case on his website, Frank Report.

Parlato said he believes investigators, prosecutors and the local judiciary faced immense public pressure to charge and convict Sandusky quickly, cultivating false witnesses in Rittmeyer and others who had come into contact with Sandusky through his Second Mile charity.

"Everything the public thinks it knows about Jerry Sandusky is the opposite of the truth," Parlato said. "I've come to the unequivocal conclusion that Jerry Sandusky is innocent. My sincere interest is not to see Jerry die in prison."

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"Over the years I have brought 15 serious issues before Pennsylvania's courts, each one showing I deserve a new trial," Sandusky said in a voice recording provided to ESPN by Parlato. "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."

PA has an elected judiciary. They are politicians first, and jurists second. That is sad truth. Sandusky may get a fairer judge in federal court. It's a crap shoot who the judge is. I've always thought accusations against Sandusky were motivated by a big pay day from the university, which had political pressure put on it to settle claims regardless of how dubious. This guy got a couple of million from Penn State despite writing an affidavit that he was the kid in the shower that McQueary saw with Sandusky no abuse happened. They just had a wet towel fight. The attorneys who brought that claim and hid this guy during the trial should be disbarred.

If he recants, I guess he’ll be happy to return that $5.5 million plus interest.

The ambulance chasers got these kids to lie because that's what the prosecutor wanted them to do. They had no fear of prosecution for perjury. The sleaze ball attorneys and prosecutor worked together to railroad Sandusky, and then defame Paterno. It's all crap.

Apparently, Ryan Rittmeyer, testified anonymously as “Victim 10” during Sandusky's 2012 criminal trial. If he says the abuse didn't happen, then he must return the settlement money. So, he now says he can't remember what happened. Allan Myers was the guy who executed an affidavit that he was the kid in the shower and nothing happened. He gave a sworn statement to Sandusky's lawyers as follows:
"I would usually work out one or two days a week, but this particular night is very clear in my mind. We were in the shower and Jerry and I were slapping towels at each other to sting each other. I would slap the walls and slide on the shower floor, which I am sure you could have heard from the wooden locker area. While we were engaged in fun as I have described, I heard the sound of a wooden locker door close. . . . I never saw who closed the locker. The grand jury report says that Coach McQueary said he observed Jerry and I engaged in sexual activity. That is not the truth and McQueary is not telling the truth. Nothing occurred that night in the shower."

Yet, they couldn't call Myers him at trial. An ambulance chasing attorney convinced him he had been abused and but couldn't remember it and they would get big money from Penn State. Myers was hidden from Sandusky's lawyers during the trial. These sleazeball attorneys got the alleged victims settlements between $1.2 and $20 million, and the university didn't fight any of it. Despite the affidavit denying any abuse Myers got a settlement of $6.9 million. I don't know who paid these claims, but I doubt an insurance company would have been so generous.

Ask anyone in Clinton County (where they all grew up) if any of them are believable. Only the local car dealers would have a nice word to say about any of them, and for good reason.

The word "bastard" has always had a negative connotation because illegitimate children without a father were known to be devious and nasty. Sandusky's charity attempted to benefit such children and they turned on him. The cracks in the dam of Sandusky's conviction have begun to spread. Eventually, the dam will break, and people will see the truth, the grifting, and the ethical sleazeball attorneys who made the mess because they wanted to win cases, and ruined a good a decent man. Pennsylvania needs to reform its courts and its attorney discipline. The Shylocks exacted their pound of flesh, but who paid the bill for that?

15 years ago, many posters on this forum couldn’t have enough bad things to say about Penn State, Joe Paterno, and anything Pennsylvania. We aren’t hearing much from them now, are we?

Where does the Paterno Family go to get back Joe’s impeccable reputation now that he’s all but been erased from college football history?

15 years ago, many posters on this forum couldn’t have enough bad things to say about Penn State, Joe Paterno, and anything Pennsylvania. We aren’t hearing much from them now, are we?

No, Penn State, directly or indirectly through an insurance company, paid out between $93 and $33.2 million in settlements, (depending on what source is accepted as true), despite claimants losing court cases against the university. The settlements came from political pressure from Gov. Corbett. Corbett was a member of the Penn State's Board of Trustees ex officio, as were three of his cabinet secretaries, and he appointed six more board members. So between himself and his appointees, Corbett controlled over a quarter of the board, 10 or 38 trustees, and also had the leverage of his veto over the state education budget to compel these settlements.

Joe Paterno was not involved in any of that. He let the university President handle such things. Since Paterno was the loudest protagonist for national collegiate playoff, his name should be on the championship trophy. His son, Jay, did run for PA Lt. governor, and might run for office again, but he's done coaching. The Paterno family deserved better than this.

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