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Today we're gonna talk about this obviously a little bit general -- here in studio -- we lived in New York terror an appeal it it seems.
It seems far -- based on what we know about it from the trial in from the free report I mean it.
As a defense attorney I mean what is -- to appeal that might somehow change Jerry sandusky circumstances and some more.
That's a really good question I mean I don't think there's a lot to appeal but where is definitely have to do it for the purposes of protecting themselves and that's why a lot of players do it because.
They don't want to risk some somehow -- she'll host house lawyer advising sandusky and president.
And then all of a sudden now the lawyers without a license so my reputation on defense absolutely.
The other thing is you know there were problems with the case it if you think about.
No there was of course an eyewitness that there were.
Definitely holes of course character.
It not character but testimony is also evidence and that was what really -- are convicted -- -- On the other thing is you know it CN -- when he gave his testimony his 1015 minute or statement.
Of course he's not going to minute because he hasn't you'll had a -- -- in terms of what goes on going forward -- this particular case.
And all other cases involving Penn State figures I mean he is this the linchpin that it -- which.
Others the former university president a former athletic director others that were on the Penn State football program.
Both living in debt.
I mean that -- seems to be stretching towards them as we go out.
Absolutely in this case is going to be -- -- if there any concern about whether they should testify whether they should plead guilty it's you know kind of going down the road with charges being brought they're gonna look at send us -- say look what happened to him got thirty to sixty years.
And you know would he send -- -- -- his rambling statement which I just thought was horrible alleges great conspiracy.
Well what about conspiracy at Penn State -- all of these people who were in charge entrusted with these kids.
Didn't do anything about it because I wanted to save the reputation of the football community of the of the university that's the real conspiracy.
These boys attend boys -- testify against San dusty didn't even know we each other they couldn't possibly have conspired they had never been seen each other before and yet they got on the stand.
And they told the same story about what he did one by one to one -- them.
And I think the most troubling portion of all of this for folks that have just been observing this.
Is that there -- key players leaders at this university camera.
That knew that something was up instilled decided if you believe the free report -- and I'm inclined to.
That they would rather handle this internally because they're worried about.
What kind of publicity staying would fall in the university.
Of some playing this -- even alleged.
All right and of course there aren't about money and story about boosters and and and you -- have money that they would bring into the school -- or couldn't bring into the school had something like this happen.
That's a separate issue as with regard to this case -- -- This has to do with the criminal acts -- -- and not -- simple all slash criminal acts of the school.
And another thing I want to point out is even -- thirty years -- essentially a minimum sentence.
The reporter product sexually violent person and what that really needs doesn't necessarily have to do with registration.
It means that if he does service 38 earned his thirty year sentence just for purposes of argument.
He then at -- state come and say yes you're no longer serving prison time but we -- how zeal in the department of human services which they do and most all states -- -- here.
Are they doing here in Illinois we -- -- housing because we think that you're still even though you served your present time a threat to society so they take you from prison and and they housing some.
But he's never -- never getting.
Oh yeah he's never getting -- -- that he'll you know with that appeals gonna -- -- the appeal is essentially all we needed more time well.
You know -- it's that it's been for the write up a criminal defendants have a right to a speedy trial.
So it's really hard to have the arguing that they didn't have enough time they -- and it was tried to.
Almost in his backyard so that could have been an argument -- the woods moved out.
To another state or something like that he could have said biased but it was tried in a place where I think prosecutors were quite concerned about.
He of the jurors being too nice to send -- -- too worried about Penn State in the reputation of Penn State so.
Think defense really doesn't have much to appeal here.
But leasing going forward I mean we've got perjury trials coming up it's a classic when did you know when what did you do about it and when did you know it.
For the former university president for the athletic director.
For for various others in the he did we gave false testimony according to this right first of all perjury is not very often prosecuted in this country.
Noticed some very difficult charge to prosecute because you have to really going to be -- that they -- it's one way or did they needed another way it's very difficult now.
Bringing that about up that was very interesting question because let's let's play this out a little bit.
What -- send us he is asked to testify in those trials now he's of course not admitted to any of the -- But that could be really interesting if he tries to you know -- some with a couple years off about six -- -- That's what I'll ask wealthy if if this is so difficult to prosecute and you've got -- bad guy right okay.
Why pursue this any further the reputation of these people have been effectively destroyed or certainly damaged heavily so why continue for -- prosecutors have certainly.
-- you know levity Carol leverage.
Right whether or -- -- -- -- -- the Russert got aggressive but I will tell you as a former brother here.
Prosecutors don't like to -- -- to.
And law enforcement doesn't want to be lied to especially when you're talking about an investigation relies too Warner's time -- -- -- I know that's true but.
We don't like it added if we can finally -- during -- after it.
But are they are they are they.
Are they kicking a dead horse here.
-- I I think that.
Well yes and no and I'll say -- why no.
If you look at what's going on in the world and not just the United States that we have a trial.
Against that hopes.
Whatever well -- -- Butler Butler whose golden notes and it was essentially they were -- about a cover up and how to cover up things.
So that it didn't put -- -- it did not put a stain on.
The Catholic Church.
We have the Boy Scouts we have this thing at Penn State so I think prosecutors now are seeing what we're gonna edit process and we're gonna set a standard if you high -- Sex acts and crimes we're going to go after every single one and you write what you -- present.
I -- -- is that the way you see a -- completely agree because the prosecution has got to show look.
We're not that's gonna stop with the political the big guy the big -- we're gonna go after everybody so that sends a message because what one of -- prosecutors do.
Is try to send the message of deterrence so it doesn't happen again and -- get especially especially when you're talking about child pedophilia pedophilia and covering it up.
-- I and I guess we're seeing this you know even in the in the political arena when you're chasing down Bill Clinton.
In terms of the investigation as to whether or not he was giving truthful testimony mean that was the thing that right out of work.
Well it's -- -- -- unfortunate because we were busy.
We -- busy going after two adults two consenting assault adults although -- a wire.
You know I'm an act -- president who's doing things -- appropriately but these are the investigations it crimes against women and children -- and miners right that we should be focused on.
Not not a president and two consenting adult.
But at least I mean these cases and -- did not rarely they rarely brought forth in the really difficult to win.
They are difficult to win that they are and that that they will have a difficult time with it but here's what I would do if I -- the prosecutor and I had all these people in the -- right that I wanted to bring him for perjury charges.
I would -- and I go to the lowest level person to have credible but I -- come to Jesus moment you know come talk to me bring your lawyer and and also if I can cut to deal if you tell me give you -- what they call -- -- proper -- what you know and -- -- Kutcher would deal if you couldn't bring in everybody else to give me that evidence that I need because with perjury there is no DNA they're running things like that it's all going to be witness testimony.
Yeah and flipping folks I mean that that has that's -- the -- -- we could discuss for another half an hour.
I don't unfortunately -- didn't perform for -- we're out of time -- we will in New York general holder Chicago thank you very much again Jerry sandusky.
Thirty to sixty.
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