BELLEFONTE — A convicted pedophile and former Penn State assistant football coach asked a judge not to summarily dismiss his latest appeal as another judge recommends.
U.S. Intermediate District Magistrate Judge Joseph F. Saporito Jr. recommended dismissing Jerry Sandusky’s appeal, pointing out that an inmate cannot file a federal petition for habeas corpus until he is n there was no final judgment.
Sandusky, 78, was sentenced in 2019 to 30 to 60 years, but the state’s Superior Court last May returned the case to Center County Court to determine the justification for the $95,048 restitution qu he was ordered to pay.
Sandusky’s attorney, EJ Rymsza, acknowledges in a court filing Wednesday that his client is awaiting a new conviction.
But he argues that it is solely on the issue of restitution and will result in no meaningful change to Sandusky’s conviction or sentence.
If Judge Malachy E. Mannion chooses not to reject Saporito’s recommendation, Rymsza asks him to stay the appeal until the restitution issue is resolved.
An April 5 restitution hearing continued at the request of the prosecution and defense.
Saporito issued his recommendation before the state attorney general’s office, which is prosecuting Sandusky, had a chance to respond to his request.
Sandusky, who was convicted of 45 child sex charges, has firmly maintained his innocence.
A Center County jury found he sexually abused 10 boys at his youth charity, the Second Mile, between 1994 and 2008.
The basis of his habeas petition are allegations of ineffective counsel by trial attorneys Joseph Amendola and Karl Rominger.
The petition cites numerous instances where Sandusky believes his lawyers were ineffective.
The Sandusky scandal resulted in the firing of head football coach Joe Paterno and Penn State president Graham Spanier.
Spanier was convicted of a misdemeanor of endangering the welfare of a child and spent two months in prison.