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Sandusky case judge rules against AG on subpoenas

Associated Press Modified: May 3, 2012 at 2:31 pm •  Published: May 3, 2012

HARRISBURG, Pa. (AP) — The judge in Jerry Sandusky's child sex-abuse case ruled against prosecutors Thursday in their bid to get subpoenas issued by his lawyer thrown out and to impose future restrictions on their use.

Judge John Cleland's one-sentence order denied a motion filed last week by the attorney general's office in which they had argued lawyers for the former Penn State assistant football coach were improperly using the subpoenas on a fishing expedition.

Cleland ruled hours after Sandusky lawyer Joe Amendola filed a 20-page response that described and defended the demands for information he has issued to police, schools and other institutions in preparation for next month's trial.

Cleland's order did not make reference to similar subpoena-quashing requests filed by two school districts and Juniata College. A hearing has been scheduled for next week on the topic.

Also Thursday, Amendola filed a "motion to compel" that asked Cleland to order the release of prosecution materials "forthwith," and Cleland promptly directed the attorney general's office to provide materials that are not in dispute before the Wednesday hearing, and to tell him in writing by the end of the day Monday if there are any remaining conflicts.

If there are, Cleland said he will deal with them at the hearing in the Centre County Courthouse in Bellefonte next week.

Sandusky, 68, awaits a June 5 trial on 52 criminal counts for alleged sexual abuse of 10 boys over 15 years, including allegations of violent assaults inside Penn State athletic facilities. Sandusky, who has repeatedly denied the prosecution's charges, is confined to his home until trial.

A spokesman for the attorney general's office declined to comment. A gag order issued by Cleland has severely restricted what lawyers may say about the case.

Amendola's filing on the subpoenas said he hoped they would produce information to help counter any claims that his client caused psychological problems among the alleged victims. He said the documents he sought could show that the children had been diagnosed prior to the alleged abuse.

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