Jerry Sandusky seeking new trial; appeal to be heard Tuesday

By Evan Hilbert | CBSSports.com

Jerry Sandusky's attempt at a new trial begins next week.
Jerry Sandusky's attempt at a new trial begins next week. (Getty Images)

Jerry Sandusky is planning to challenge his child molestation conviction, and his appeal will go before a Pennsylvania Superior Court Tuesday.

According to the Associated Press, a number of issues will go before the court, including a determination as to whether prosecutors improperly referenced the fact that Sandusky did not testify, a question of whether jury instructions were mishandled, and if the defense had been given enough time to review documents prior to the trial.

Sandusky was sentenced in July of 2012 to 30 to 60 on 45 counts of child molestation.

Norris Gelman, Sandusky's appeals attorney, told the AP that the former Penn State assistant coach will not be in the courtroom Tuesday.

One compaint noted in Gelman's appellate brief is his contention that jurors should have been told how long it took before some of the abused children came forward. For some, it was as long as 11 years, according to the AP.

"The record demonstrates that the victims had clear reasons for not disclosing the abuse by Sandusky: not only were they ashamed of the acts of abuse," the attorney general's office wrote in response to the appeal, "but Sandusky gave them gifts, including access to the PSU football program, and was a prominent figure who was more likely to be believed than they were."

The court will meet in Wilkes Barre.

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