Sandusky waives hearing, delays facing accusersBELLEFONTE, Pa. - Former Penn State assistant football coach Jerry Sandusky waived his preliminary hearing, a decision that moves him toward a trial on charges of child sex abuse and vacates the possibility that he would face his accusers in court Tuesday.
Sandusky told reporters as he left the courthouse that he would "stay the course, fight for four quarters" and would present his side of the story later.
His decision to waive the hearing, though unexpected, is not unusual in Pennsylvania.
CBS News senior legal analyst Andrew Cohen described Sandusky's decision to waive the hearing as strategic.
"This makes sense for Sandusky because at the preliminary hearing he was not going to be allowed to call his own witnesses," Cohen told CBS Radio News. "It was going to be broadcast essentially via Twitter and social media to the world, and that was going to impact the potential jury pool, so I'm sure he realized that if you're going to make this fight you make it once at trial, where you can call your own witnesses."
At the hearings, prosecutors must show that they have probable cause to bring the case to trial. Prosecutors in this case were expected to meet that relatively low bar, in part because the case been through a grand jury.
CBS News chief investigative correspondent Armen Keteyian reports that 11 witnesses were prepared to testify for the prosecution, including Penn State assistant coach Mike McQueary, who has been placed on administrative leave.
The hearing was expected to last a day or more. Sandusky has denied the allegations, which led to the departures of longtime Penn State football coach Joe Paterno and the university president.
"This development we believe provides maximum protection to most importantly the victims in this case," said Senior Deputy Attorney General E. Marc Costanzo. "It avoids their having to testify for a second time. They will of course testify at a trial in the case."
Costanzo said the amount of publicity generated by Sandusky's attorney made the move unexpected, but said the decision to waive was not unusual given the strength of the state's case.
There have been no discussions about a plea bargain, Costanzo said, echoing statements from Sandusky's defense lawyer. Sandusky's next court appearance, an arraignment, is scheduled for Jan. 11. He remains under house arrest.
Michael Boni, a lawyer for one of the accusers, said he was encouraged by the development. The accusers "do not have to relive the horrors they experience up on the witness stand" by having to testify at the hearing and at trial.
Sandusky, in a dark suit, entered the county courthouse through the back door Tuesday with his wife, Dottie, at his side. He looked straight ahead, ignoring questions from reporters. Defense attorney Joseph Amendola followed him into the courthouse.
Sandusky appeared thinner and pale when he entered the courtroom, CBS News investigative producer Pat Milton reports.
About 50 members of the media and 10 local residents, a few of them waiting with cameras to take pictures, awaited his arrival.
Witnesses have contended before the grand jury that Sandusky committed a range of sexual offenses against boys as young as 10, assaulting them in hotel swimming pools, the basement of his home in State College and in the locker room showers at Penn State, where the 67-year-old former assistant football coach once built a national reputation as a defensive mastermind.
Sandusky has told NBC and The New York Times that his relationship to the boys who said he abused them was like that of an extended family. Sandusky characterized his experiences with the children as "precious times" and said the physical aspect of the relationships "just happened that way" and didn't involve abuse.
Sandusky retired from Penn State in 1999, a year after the first known abuse allegation reached police when a mother told investigators Sandusky had showered with her son during a visit to the Penn State football facilities. Accusations surfaced again in 2002, when McQueary, then a graduate assistant, reported another alleged incident of abuse to Paterno and other university officials.
The grand jury probe began only in 2009, after a teen complained that Sandusky, then a volunteer coach at his high school, had abused him.
Sandusky first groomed him with gifts and trips in 2006 and 2007, then sexually assaulted him more than 20 times in 2008 through early 2009, the teen told the grand jury.
Sandusky founded The Second Mile, an organization to help struggling children, in 1977, and built it into a major charitable organization, headquartered in State College with offices in other parts of Pennsylvania.
Two university officials have been charged with perjury and failure to report suspected abuse — athletic director Tim Curley and former university vice president Gary Schultz. Their preliminary hearing is scheduled for Friday in Harrisburg.
Curley has been placed on leave and Schultz has returned to retirement in the wake of their arrests. The scandal brought down university president Graham Spanier and longtime coach Paterno, who was fired last month.
