Court Rules Commonwealth Does Not Have to Turn Over Drug/Alcohol Reports to Sandusky Defense

In an order signed by Judge John M. Cleland on Tuesday morning, the Commonwealth of Pennsylvania is not required to provide the defense with any drug or alcohol violations wrought by the alleged victims of the child sex abuse scandal involving former Penn State assistant football coach Jerry Sandusky.

However, the Commonwealth must disclose to the defense any psychological evaluations of the alleged victims, unless the Commonwealth can prove that the reports contain privileged information, according to the court order.

The Commonwealth also must provide the defense with current phone numbers and addresses as well as phone numbers and addresses of the alleged victims from the dates and times of the alleged offenses that resulted in the charges against Sandusky, according to the court order.

Sandusky and his lawyer, Joseph Amendola, are not permitted to take any further action other than reading the psychological evaluations without the consent of the court, according to the court document.

Should the Commonwealth have any objection to the release of the information, Judge Cleland wrote in his order that he could sustain that request if the supervising judge of the grand jury determines that the information must be withheld because of “grand jury secrecy,” or if the supervising judge can not associate the information being sought by the Defense with the grand jury investigation.

The pre-trial conference that had been set for Thursday was postponed, but it is expected to be rescheduled, Sandusky attorney Joseph Amendola said on Monday.

Jury selection for the anticipated Sandusky trial is to begin May 14. He has been charged with 52 criminal counts in the sexual abuse case. He has maintained that he is innocent.

Tuesday’s document can be viewed here.

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