Sandusky to Be Resentenced on Child Sex Conviction, According to Reuters

By David DeKok

HARRISBURG, Pa. – A Pennsylvania court has ordered that former Penn State football coach Jerry Sandusky be resentenced for his child sex abuse conviction, stating that the mandatory minimum sentence of 30 to 60 years has become illegal since it was originally imposed by the trial judge.

On Friday, the Pennsylvania Superior Court denied Sandusky, now 75, a new trial on charges of raping boys in his care while affirming that a resentencing was necessary.

Al Lindsay, Sandusky’s attorney, announced plans to appeal the court’s decision, which rejected his claim that Sandusky received ineffective legal counsel during his trial. Lindsay referred to Sandusky’s conviction as “one of the most profound injustices in the history of American jurisprudence,” and indicated he would take the matter to the Pennsylvania Supreme Court.

The resentencing is expected to occur in Bellefonte, Pennsylvania, under visiting Judge John Foradora of Jefferson County, who has been handling Sandusky’s post-conviction appeal after the trial judge, John Cleland, recused himself.

Peter Goldberger, a lawyer specializing in state and federal appeals, noted that the ruling was influenced by a 2013 U.S. Supreme Court decision declaring mandatory minimum sentences unconstitutional. At the time of Sandusky’s sentencing in October 2012, Pennsylvania law mandated a minimum sentence of 10 years for sexual assault cases involving children under the age of 16.

Goldberger emphasized that the resentencing judge has the discretion to impose the same sentence, if deemed justified, without relying on mandatory minimums. The judge might also consider factors such as the defendant’s age and health when determining the sentence.

As of now, there is no indication of when the resentencing will occur.