Butler lawyer plans appeal
Butler attorney Al Lindsay is stepping into a national spotlight as he now represents former Penn State assistant football coach Jerry Sandusky in his latest appeal of his child sexual abuse case.
Sandusky was convicted in June 2012 of 45 counts of abuse, including having inappropriate sexual contact with underage boys over 15 years. He was sentenced to 30 to 60 years in prison.
In January 2013, a judge denied Sandusky’s request for a new trial. In April, another appeal Sandusky made was denied by the state Supreme Court.
Lindsay said that he got a call a few months ago from Sandusky’s wife, Dottie. He subsequently met with her and Sandusky several times.
“They asked me to represent him,” Lindsay said.
Lindsay will file a Post Conviction Relief Act petition, which he said is a “last resort” appeal and generally is filed when new evidence is discovered after a trial or when the defendant received inadequate representation during the trial.
Lindsay declined to specify which of these is the reason for filing.
He hopes to file the petition in the fall. Until then, Lindsay and his staff will interview witnesses and go over new materials, particularly a report on the case released in June by state Attorney General Kathleen Kane.
“We have a lot of material we have to review before we file the petition,” Lindsay said.
He said his staff, which includes two attorneys, a full-time paralegal and four associates, all will work on the case.
On Nov. 5, 2011, Sandusky was arrested after a grand jury indicted him following a two-year investigation. His trial garnered national attention.
Sandusky retired from Penn State in 1999, but he still had access to Penn State facilities. It was alleged that several of the crimes took place on campus.
His former boss, head football coach Joe Paterno, was alleged to have known about the abuse and was fired shortly after Sandusky’s arrest. Paterno died a couple months later in January 2012.
Penn State President Graham Spanier also was fired, and he later was charged with helping to cover up the abuse as was former athletic director Tim Curley and Vice President Gary Schultz.
Lindsay said that he will appeal to the Centre County judge who presided over the original case. If that is denied, he said the appeal can go to the state Superior Court. If it is denied there, it can go to the state Supreme Court
“What we hope for is either a new trial or a dismissal of charges against Mr. Sandusky,” Lindsay said.
He said the appeals process could take several years.
“I think this is a good cause. We are very grateful to be chosen as Mr. Sandusky’s attorney,” Lindsay said.
