Attorney Karl Rominger has confirmed that the appeal will be heard by Judge John Cleland, the same justice that presided over Sandusky’s child sex abuse case.
Rominger had promised soon after Sandusky lost his cast that he would be filing an appeal in short time. Sandusky’s attorney has honored the promise.
Reportedly, Sandusky’s legal team will be asking for a new trial.
If Judge Cleland approves the appeal, Sandusky will be granted a new trial. If he denies it, Sandusky’s attorneys will have the chance to file an appeal to the appellate court.
According to the ABC report, Rominger said the appeal will list over 30 reasons Cleland should grant the appeal. Rominger said the main point of contention is that Cleland never granted Sandusky extra time to prepare for trial.
In addition, Rominger said if they had been granted an appeal, the defense team would have been able to enter psychological evidence under a new Pennsylvania law that passed just days after Sandusky’s conviction on 43 of 45 counts of child sex abuse.
The attorney also stated, he takes issue with a comment prosecutors made to the jury about Sandusky not taking the stand at trial.
According to the judge’s orders, Sandusky is set to be moved to the State Correctional Institution at Camp Hill tomorrow. Rominger says Cleland must now decide if that will still happen, reports ABC.