Jerry Sandusky is getting some of the prosecution records he wants to help prepare his criminal defense on child sex abuse charges, but the attorney general's office argued in a court filing Monday that he shouldn't be provided with other material.
The 15-page response by state prosecutors said the former Penn State assistant football coach has no right through the court discovery process to records that consist of grand jury matters, pertain to ongoing investigations or amount to private personal information.
They also said Sandusky should not get psychological evaluations regarding purported victims or juvenile arrest records for someone who isn't a "charged victim."
"The prosecution is not required to turn over every piece of evidence which might possibly assist the preparation of the defense," wrote senior deputy attorney general Jonelle H. Eshbach. The document was dated last Wednesday but docketed by Centre County court officials on Monday.
Sandusky's lawyer, Joe Amendola, said Monday that he was reviewing the prosecution's latest filling and expected to soon add to his request for more information before the trial.
Sandusky, 68, is scheduled to go on trial in mid-May on 52 criminal counts accusing him of sexually abusing 10 boys over a 15-year period. He is confined to his home while awaiting trial and denies the allegations against him.
Eshbach said Sandusky's lawyers have already been given a report of a 1998 investigation of Sandusky by university police, a probe begun after a woman complained that he had showered with her son. No charges were filed as a result. Eshbach said that report was turned over but without psychological reports, juvenile arrest records, phone numbers and addresses.
She said that if the judge handling the case disagreed with the decision by prosecutors to withhold some records, he should first review them in private before ruling on their disclosure. Amendola said the judge would likely conduct a hearing on pretrial issues next week.
The prosecution filing also said that polygraphs haven't been administered in the Sandusky case and that more than 52,000 emails were obtained. The attorney general's office refused to disclose a witness list, saying everyone named in the documents could be called to the stand.
Grand jury material and related investigative records can only be disclosed by getting permission from the judge who supervises the secret panel, Eshbach wrote.
Prosecutors agreed to provide Sandusky with his own employment records and said his lawyers can make arrangements through the state police to view several photographs at issue.
Prosecutors were answering, point-by-point, a motion he filed about a month ago, asking a judge to order them to turn over pretrial discovery materials.
Sandusky's arrest in November led Penn State's board of trustees to obtain the resignation of university president Graham Spanier and to fire longtime head football coach Joe Paterno, though neither was charged. Paterno died of lung cancer at age 85 in January.
Two university administrators, Tim Curley and Gary Schultz, were charged with lying to the grand jury and failing to properly report suspected child abuse. Curley, the athletic director now on leave, and Schultz, who has since retired as vice president for business and finance, have denied the allegations. Both men are waiting for a judge to rule on their requests to have charges dropped.