Sandusky pre-trial hearing to focus on defense motions

Attorneys for Jerry Sandusky and prosecutors will be in court Wednesday at a pre-trial hearing for the former Penn State assistant coach's sex abuse case.

Judge John Cleland is expected to rule whether to dismiss several subpoenas filed by the defense to a number of state departments, child welfare agencies, a psychiatrist and three school districts where some of Sandusky's accusers attended school.

The agencies have filed motions to quash the subpoenas, saying they would violate the alleged victim's privacy rights, but FOX43 legal analyst Steven Breit says it's likely the defense will be granted access to some of those records.

"I think he'll probably fashion an order that will disclose some, if not all of the information for the defense," he said.

Sandusky attorney Joe Amendola also asking the judge to grant the defense access to all of the evidence gathered by the prosecution since November, when the charges against Sandusky were first filed. Sandusky's case involves ten accusers, but at least seven more have come forward that are not involved in the current case.

"Some of those victims may have reasons why they're bringing a complaint now. Monetary reasons, fabricating. We're not certain at this time. Certainly the defense should be entitled to that information as well," Breit said.

Prosecutors are already on shaky ground. Former Penn State assistant coach and key prosecution witness Mike McQueary initially said that he saw Sandusky sexually abusing a boy in an on-campus shower on March 1, 2002. He now says that happened around February 9, 2001.

Breit says the revelation could be detrimental to the prosecution's case.

"One of the strongest pillars of that foundation is Mike McQueary," he said. "If that pillar crumbles, certain other aspects of the case may join in and crumble as well."

McQueary changing his story could have a major effect on the cases of former Penn State Athletic Director Tim Curley and Vice President Gary Schultz. Their attorneys argue that the new date puts the incident beyond the statute of limitations on their failure to report charges.

McQueary also filed a civil lawsuit seeking damages against Penn State in Centre County court Tuesday, over an employment dispute. McQueary filed it under the whistleblower protection law.

Sandusky's pre-trial hearing is scheduled for 1:30 p.m. Wednesday at the Centre County Courthouse in Bellefonte. Sandusky is not expected to be there.