BELLEFONTE, CENTRE COUNTY—UPDATE: Just hours before a pre-trial motions hearing in the Jerry Sandusky case, defense attorney Joe Amendola has filed a motion asking the judge in the case for a continuance. In a 13 page motion, Amendola sites new evidence, lack of compliance from the 40 subpoenas sent to get more information and some unavailable and unwilling witnesses. He has not specifically asked Judge John Cleland for an amount of time or date for the delay.
The latest motion states that the defense has sent out 40 subpoenas to gather information from a variety of sources and has only gotten some responses. On top of the subpoenas, the prosecution has handed over 100 pages or more, including 9 CDs of information that the defense will have to comb through before trial. Amendola says he is waiting on a response from several subpoenas.
Another problem for Amendola, the lack of willing testimony from former Athletic Director Tim Curley and University Vice-President Gary Schultz. The motion says that both will plead the Fifth if they are called to testify in the Sandusky trial. That case will probably not take place until the winter time.
This motion for a continuance is expected to be heard during today's hearing.
Attorneys in the Jerry Sandusky case are heading back to court today to argue over evidence ahead of the June trial. The defense is looking for more information to prepare for that trial. The prosecution is trying to limit how much information is gathered.
There is a mountain of evidence in this case and the defense is trying to gather as much as possible. Over just the past week, since the judge scheduled today's hearing, there have been 27 motions or orders filed. Today, the judge will hear from the two sides about evidence and how much should be turned over to the defense.
"This is a case with little evidence, physical evidence. This is a lot of he said, she said," legal analyst Steven Breit said.
Over the past month, Sandusky's defense has sent subpoenas to five government agencies, including Children and Youth Services, and three school districts.
Defense attorney Joe Amendola is asking for the evidence gathered over the past four years against the 68-year-old former Penn State assistant football coach.
The prosecution is arguing to quash most of these subpoenas because of concerns about privacy.
"Some may argue this is a fishing expedition. Let`s just go out there and throw a net and get all of this information. I think if you look at it in a vacuum, it`s very methodical, it`s thought out, and it`s relevant," Breit said.
Breit expects the judge to allow the defense access to most or all of these records. One of the subpoenas is even asking for information about victims 11 through 17. To date, Sandusky faces charges against only 10 victims.
The timeline of the case is also shifting. Star witness Mike McQueary, who says he saw Sandusky raping an unnamed victim in a Penn State locker room, says the event happened in 2001, not 2002. The judge and both sides agreed to change the date in the official paperwork. Breit says this could damage his credibility as a witness.
"One of the strongest pillars of that foundation is Mike McQueary. If that pillar crumbles, certain aspects of the case may join in and crumble as well," said Breit.
Sandusky is not expected to appear at today's hearing which is set for 1:30 pm at the Centre County Courthouse. The judge will probably rule in writing over the next several days.
Things will probably look a little different than in hearings past. The judge has issued a gag order in the case so we don't expect to hear from either sides after the hearing is finished.