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Sandusky sex abuse trial set to go to jury

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    Defense rests without calling former football coach to stand

  • Duration 6:06
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It is almost over -- -- -- defense rested in the child sex abuse trial of Jerry sandusky.

And that former Penn State assistant football coach did not take the stand.

The judge told jurors they should be ready to deliberate tomorrow after attorneys from both side deliver their -- -- Then the jury will have to decide whether to convict coach sandusky on any or all of the 51 criminal counts against him.

Prosecutors say he sexually molested raped or otherwise abused ten boys over more than a decade.

They say he used gifts including game tickets and trips to -- the -- silence.

Coach send us he has denied all the charges against him today the defense tried to chip away at the testimony from the former assistant coach Mike McQueary.

Who said he personally witnessed coach sandusky rape a young boy in the shower at Penn State.

According to a family friend of mcqueary who took the stand today mcqueary did not say that he saw the actual encounter but what he heard.

Sounded like what that person called intercourse.

What would be more accurately called.

Anal rape.

There is no intercourse.

With a child.

That's called rape.

David Lee Miller's outside the courthouse essentially.

-- a few moments -- went on the air Jerry S industries attorney Joseph I Mandela left the courthouse behind me.

At first he was reluctant to speak to reporters citing the gag order that's in place.

But when pressed he did say that decision.

Not to put Jerry sandusky on the stand was made only this morning here now is the back story to that.

At 11 o'clock this morning.

Following a recess.

It was widely expected that -- and does he was going to testify.

Instead what happened at 11 o'clock is that sandusky is attorney and the prosecutors.

All went into the judge's chambers and -- they remain for nearly 45 minutes.

When they entered the court room.

The defense announced it was going to rest.

And that means the very last person to testify on behalf of the defense.

Was another character witness this was a young man who met Jerry sandusky through the second mile charity.

He described him to the jurors as a father figure.

Tomorrow we do expect this case to go to the jury and the judge told the jurors.

That they should plan on packing -- bad because they aren't going to be sequestered.

He wants to -- prevent them from any outside influences while they deliberate.

Sheppard David Lee Miller at the courthouse David Lee and -- fought Pennsylvania let's go to the legal panel now.

Former prosecutor Fox News legal analyst Arthur right -- on the left criminal defense attorney -- Vizio and on the right -- where -- I'm very happy that the judges sequestering the jury you don't really hear that anymore -- and it's purely a financial thing they've done they've -- courthouses don't wanna spend the money on the court personnel.

To keep the jurors away but they should keep the jurors the way especially the case of this magnitude in terms of whether he was gonna testify or not.

Obviously there was some odd decision that remain in the judge's chambers a lot of times the playing defense -- -- the judge.

Are you let him get into this do we talk about that do we go here are you -- the prosecutor attack on that.

Certain judges say.

Throw the guy on the stand and you see what happens all the judges and for a 45 minute.

Conference he but there must have been some substance there probably give us some answers and they were realize the risk of putting -- and in doing -- -- -- he did -- Bob Costas for oil.

Throw it because we get time schedule on this the last the judges -- I'm not tell you -- judges treat the juries like they work for them.

Know that they're serving the judge so the jury the judge came out and said to them Thursday today to pack to hang around for awhile if that judge thought that that I was ever gonna testify.

We would not of had that -- gone on for days there right.

Paul felt like -- but Jerry sandusky up there for fifteen -- that's true but a judge also I mean it's helped to bring a bag is not so much.

It seemed like telling sign to -- -- -- -- Randy.

Send us he was probably never going to testify but having said that -- at this point is absolutely brilliant what probably happened was and it also to the judge judge if I put him on -- even elect.

The prosecution go into the on air portion of the cost this interview.

And the judge probably August said yes or you're just gonna have to wait and see so became a -- a complete.

But here's the critical part of this case and why in my in my opinion he does not get convicted of rape.

It's real simple.

These allegations go back for years and years and years.

Juries can justify why nobody comes forward in a timely fashion because their children the horrific nature of the allegations.

What creates the problem is when they start to see that these witnesses have been coached and clearly.

The evidence came out that law enforcement was trying to get these witnesses together trying to get the stories together that's horrible.

Particularly.

When did you when -- the the the defense is discredited the star witness how do you not say right if -- it happened exactly what you saw but ten years where you come in -- He's -- the prosecution is dot.

I don't I'm not gonna go that far -- and I think.

Mormon issue is the whole.

Penn State or the whole paternal aura that's around this more than or what we don't know -- is higher institution on the run okay.

And we don't know who those jurors are we don't have an online -- You think about actions of its kind historically in this nation correct and for us think that that's not gonna play a role somewhere -- one of these jurors -- that's all you need.

It just -- -- although because of the lack of evidence of the evidence was there and corroborated and the physical evidence was there but we doubt they.

-- -- -- Joseph Paterno if there's a guy who -- the vita got exactly what he did.

Bell always Jiaka rooms ten year old equipment and political physical evidence evidence you don't connect diving is terrific delegation and convict Joseph Paterno -- yeah.

Yeah man we got physical -- -- -- corroboration what do you have his -- -- -- hear the screams from the -- you would expect to -- that -- -- -- -- heard the screams from my husband raising children and she didn't -- didn't --

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