From Comcast SportsNetHARRISBURG, Pa. (AP) -- Jerry Sandusky lost a bid for a new trial Wednesday when a judge rejected his argument that his lawyers were not given enough time to prepare for the three-week proceeding that ended with a 45-count guilty verdict on child sex abuse charges.Judge John Cleland's 27-page order said lawyers for the former Penn State assistant football coach conceded that their post-trial review turned up no material that would have changed their trial strategy."I do not think it can be said that either of the defendant's trial counsel failed to test the prosecution's case in a meaningful manner," Cleland wrote. "The defendant's attorneys subjected the commonwealth's witnesses to meaningful and effective cross-examination, presented evidence for the defense and presented both a comprehensive opening statement and a clearly developed closing argument."He also rejected post-sentencing motions regarding jury instructions, hearsay testimony and a comment by the prosecution during closing arguments that referred to the fact that Sandusky, who did not testify at trial, gave media interviews after he was arrested in November 2011.Cleland said the prosecution's closing was not presented in a way that "was either calculated to, or did, create in the jurors a fixed bias toward the defendant."Sandusky also argued that charges should have been thrown out because they were not sufficiently specific, but Cleland said the lack of specific dates did not prevent Sandusky from pursuing an alibi defense."The defendant has simply argued the offenses did not happen," Cleland said.One of the jury instruction issues was whether Cleland should have talked to them about the amount of time it took for the victims to inform authorities that Sandusky had abused them."No one who has had the slightest experience with child sexual abuse or given a whit of thought to its dynamics could conclude that failure to make a prompt complaint, standing alone, is an accurate indicia of fabrication," Cleland said.Sandusky is serving a 30- to 60-year state prison sentence for the sexual abuse of 10 boys, including violent attacks inside Penn State athletics facilities.Sandusky lawyer Norris Gelman said Wednesday that while he had not read the decision, Cleland's ruling means an appeal will be filed to the mid-level Superior Court within the next 30 days.Attorney General Kathleen Kane released a statement late Wednesday saying the judge's ruling was consistent with the position taken by prosecutors.Also Wednesday, the Pennsylvania Senate unanimously approved a bill that aims to keep Penn State's 60 million fine to the NCAA over the Sandusky scandal within the state.The measure, sponsored by Sen. Jake Corman, a Republican whose district includes State College, would require such fines of at least 10 million to be deposited into a state-administered account, and be spent on Pennsylvania programs that address childhood sexual abuse."It makes sense that it should stay here to benefit organizations and the children of the commonwealth," said Corman, who also recently sued over the fine. He said the money "could do an extraordinary amount of good right here in Pennsylvania."Sen. Judy Schwank, D-Berks, said the Legislature needed to act quickly."The victims were from Pennsylvania, the abuse was perpetrated in Pennsylvania, and the crimes were investigated and prosecuted by Pennsylvania authorities -- not authorities from other states, the federal government or the NCAA," Schwank said.In response, the NCAA issued a statement saying it was monitoring the legislation, "including examining whether, if enacted, the proposed legislation would violate both the United States and Pennsylvania constitutions."It had previously said 25 percent of the annual grants would be reserved for Pennsylvania organizations.Penn State agreed to the fine last summer as part of a deal that averted a potential shutdown of its football program by college sports' governing body. The university has already made the first of five 12 million payments.Gov. Tom Corbett has filed a federal antitrust lawsuit against the NCAA over the sanctions.
BOSTON – Change is an inevitable when it comes to NBA rosters.
Just as the Boston Celtics significantly altered the outlook many had for them this season by signing Al Horford to a four-year, $113 million contract, they face a Chicago Bulls team tonight that has also undergone significant change.
The Bulls traded away one favorite son (Derrick Rose) and went about adding another in Dwyane Wade.
In addition to Wade, Chicago also signed former Celtic All-Star Rajon Rondo to join a team headlined by All-Star guard Jimmy Butler.
As easy as it could have been to worry about the struggles they had in disposing of the Brooklyn Nets on Wednesday, the Celtics knew they had to immediately turn the page and shift their focus towards a Chicago Bulls team that’s looking to start its season with a quality win over the Celtics.
“They’re a good team. They have great players over there,” said Jae Crowder. “They’re trying to figure it out. They’re going to be very excited to play of course. We have to take care of business, play the way we want to play and impose our will even more.”
One of the keys to knocking off the Bulls will be to get better play from their second unit.
Boston’s backups were outscored 58-40 but more significant than that was their inability to hold off the late-charging Nets which forced head coach Brad Stevens to bring his starters back on to the floor with about two minutes to play.
Among the reasons contributing to the bench’s ineffective play on Wednesday was the fact that Marcus Smart (left ankle sprain) was out.
Remember, Smart has been with the second unit for all of training camp minus the second half of their 121-96 preseason loss to the New York Knicks.
Crowder believes not having Smart, who will be out for another week or so, was indeed a factor in the second unit’s struggles.
“They trying to figure it out on the fly,” Crowder said. “With a few days of practice and probably one tough day of practice without him. It’s tough but they’re figuring it out. There’s no other way to figure it out but in a game. They’ll figure it out as soon as possible.”
CLEVELAND -- David Ortiz is heading into retirement with some more hardware.
The Boston Red Sox slugger captured the Hank Aaron Award on Wednesday as the top hitter in the American League this season. Budding Chicago Cubs star Kris Bryant was honored as the top hitter in the National League.
The award was presented before Game 2 of the World Series between the Cubs and Cleveland. It was determined through a combination of fan voting and a panel that includes Aaron and other Hall of Fame players.
The 40-year-old Ortiz hit .315 with 38 home runs, 127 RBIs and 48 doubles in the 20th and final season of his major league career. His 541 career home runs rank 17th all-time.
The 24-year-old Bryant hit .292 with 39 home runs and 102 RBIs while helping the Cubs cruise to the NL Central title and eventually a spot in the World Series. Shortly after being honored, Bryant singled in the first inning for his first Series hit.