Former Penn State football coach Jerry Sandusky, convicted of 45 counts of child sexual abuse, will have a new sentencing hearing after a state court found that he should not have been subjected to mandatory minimum penalties, reports the Pittsburgh Post-Gazette.
Sandusky was sentenced in 2012 to 30 to 60 years in prison. The ruling upheld Sandusky’s conviction, denying each of Sandusky’s appellate allegations of ineffectiveness of trial counsel and evidentiary issues at trial.
Under a 2013 Supreme Court decision, the Sandusky jury needed to find beyond a reasonable doubt the aggravating factor leading to the mandatory minimum sentence, in this case, that the victims were under 16 years old. That did not happen because the high court ruled after Sandusky’s trial.
Because the opinion came out before Sandusky’s direct appeal was finalized, it applies to his case. A jury found Sandusky, now 75, guilty of 45 counts, including involuntary deviate sexual intercourse, indecent assault and endangering the welfare of children. Sandusky attorney Al Lindsay said he believes a higher court will grant Sandusky a new trial and “has an opportunity to correct one of the most profound injustices in the history of American jurisprudence.”
Lindsay said that the case was a byproduct of overzealous prosecutors, news coverage and plaintiffs’ attorneys pursuing claims involving institutions with deep pockets.
See also: The Crime Report “Did Repressed Memory Falsely Convict Jerry Sandusky?”