Showing posts with label trial. Show all posts
Showing posts with label trial. Show all posts

Saturday, 23 June 2012

Sandusky trial deliberations enter 2nd day

AP  GENARO C. ARMASBELLEFONTE, Pa. -- As jurors deliberated for more than eight hours on charges Jerry Sandusky sexually abused 10 boys over a 15-year period, new accusations of abuse were leveled against the former Penn State assistant coach by a pair of new accusers, including his adopted son.

Just a few hours into deliberations, Matt Sandusky - one of Sandusky's six adopted children - came forward for the first time to say in a statement that his father had abused him. The statement didn't detail the alleged abuse.

Meanwhile, Travis Weaver, a man with a civil lawsuit pending against Jerry Sandusky, told NBC's "Rock Center with Brian Williams" that Sandusky abused him more than 100 times over four years starting in 1992, when he was 10.

Weaver, 30, was named as John Doe in the lawsuit filed in Philadelphia in November.

Sequestered during deliberations, the jury was under orders from Judge John Cleland to ponder only the case placed in their hands Thursday afternoon after hearing starkly different portrayals of the case's facts during closing remarks. Deliberations were scheduled to resume Friday morning at 9 a.m.

Prosecutors have called the 68-year-old Sandusky "a serial, predatory pedophile" whose charity for at-risk youth, The Second Mile, was his source of likely victims who would be dazzled by gifts, grateful for his attention and - perhaps most importantly - unlikely to speak up. His arrest in November ignited a scandal at Penn State that led to the dismissals of beloved Hall of Fame coach Joe Paterno and the university's president.

"He molested and abused and hurt these children horribly," Senior Deputy Attorney General Joseph McGettigan III told the jury in closing statements Thursday. "He knows he did it and you know he did it.

"Find him guilty of everything."

The defense portrays Sandusky as the hapless victim of a conspiracy to convict him of heinous crimes. They explain the 48 charges against him as the result of an investigatory team out for blood and accusers who willingly played along in hopes of securing a big pay day.

"They went after him, and I submit to you they were going to get him hell or high water, even if they had to coach witnesses," defense attorney Joe Amendola said in his animated and impassioned closing remarks.

The elder Sandusky, who faces life in prison if convicted of the allegations, was smiling and chuckling to himself as prosecutors wrapped up closing remarks. His wife, Dottie, leaned forward in her seat with a concerned look, resting her chin in her hands.

Some of the eight alleged victims who testified described showering with the longtime assistant; others spoke of lengthy relationships featuring lavish gifts and out-of-state trips. One testified he felt at times like Sandusky's son, at others his "girlfriend."

A second alleged victim - a foster child at the time police say he was abused - said Sandusky threatened he would never see his biological family again if he told anyone he was forced to perform sex acts, but later took it back and claimed to love him.

One accuser testified to receiving what he called "creepy love letters" from Sandusky. "I know that I have made my share of mistakes," read one handwritten note. "However, I hope that I will be able to say that I cared. There has been love in my heart."

The defense argued the longwinded letters were only the manifestation of a personality disorder characterized by excessive emotionality and attention seeking.

Two of the alleged victims have never been identified by prosecutors. The charges related to them come through other witnesses, including Mike McQueary, the former assistant coach who said he saw Sandusky having anal sex with a boy in a football facility shower. It was McQueary's testimony that touched off the massive scandal that rocked Penn State and forced a re-examination of the role of college administrators in reporting alleged abuse.

After more than eight hours of deliberations Thursday night, the jury returned briefly to the courtroom to ask Cleland if they could rehear testimony from McQueary, and Dr. Jonathan Dranov, a friend of the McQueary family who testified that McQueary gave him a different account of what he saw.

Cleland told the jurors that McQueary's testimony was about two hours in length and Dranov's was about 20 minutes long, and suggested they revisit the McQueary testimony Friday.

Sandusky has denied the allegations, but did not testify in his own defense. Jurors are aware, however, of the denials he gave NBC's "Rock Center" just after his arrest. In it, Sandusky seemed to stumble at times and struggled to give direct answers to questions about his conduct.

Asked if he was sexually attracted to boys, Sandusky told NBC's Bob Costas: "Sexually attracted, you know, I, I enjoy young people. I, I love to be around them. ... No, I'm not sexually attracted to young boys."

McGettigan seized on that, and said: "I would think that the automatic response, if someone asks you if you're a criminal, a pedophile, a child molester, or anything along those lines, would be: 'You're crazy. No. Are you nuts?'" Prosecutors said Sandusky used gifts and the allure of Penn State's vaunted football program to attract and abuse vulnerable boys who came from troubled homes, often ones without a father figure in the house.

As during his opening statements, McGettigan during his closing put up smiling pictures of eight accusers when they were children; all testified at trial that Sandusky molested them. Standing behind Sandusky, McGettigan implored the jury for a conviction.

"What you should do is come out and say to the defendant that he molested and abused and give them back their souls," McGettigan told jurors. "I give them to you. Acknowledge and give them justice."

Amendola argued that Sandusky was targeted by investigators who coached accusers into making false claims about a generous man whose charity gave them much-needed love.

"So out of the blue (after) all these years, when Jerry Sandusky is in his mid-50s, he decides to become a pedophile? Does that make sense to anybody?" Amendola asked rhetorically.

Closing statements came after seven days of testimony, some of it explicitly describing alleged abuse suffered at the hands of Sandusky, including touching in showers, fondling and in some cases forced oral or anal sex. One alleged victim - a foster child at the time - testified that Sandusky threatened him, telling him he would never see his family again if he disclosed the assaults.

The jury, which includes nine people with ties to Penn State, had begun deliberating when Matt Sandusky's attorneys issued a statement alleging that Sandusky abused one of his six adopted children.

"During the trial, Matt Sandusky contacted us and requested our advice and assistance in arranging a meeting with prosecutors to disclose for the first time in this case that he is a victim of Jerry Sandusky's abuse," Andrew Shubin and Justine Andronici said in the statement. "At Matt's request, we immediately arranged a meeting between him and the prosecutors and investigators.

"This has been an extremely painful experience for Matt and he has asked us to convey his request that the media respect his privacy. There will be no further comment."

Karl Rominger, one of Jerry Sandusky's lawyers, declined comment.

Matt Sandusky went to live with Sandusky and his wife as a foster child and was adopted by them as an adult.

Shortly after Jerry Sandusky's arrest, Matt Sandusky's ex-wife went to court to keep her former father-in-law away from their three young children. Jill Jones successfully obtained a restraining order forbidding the children from sleeping over at their grandparents' home.

Around the same time, details emerged that Matt Sandusky had attempted suicide just four months after first going to live with the couple in 1995. He had come into the home through The Second Mile.

Shortly after the suicide attempt, Sandusky's probation officer wrote, "The probation department has some serious concerns about the juvenile's safety and his current progress in placement with the Sandusky family," according to court records supplied to The Associated Press by his birth mother, Debra Long.

Despite those concerns, probation and child welfare officials recommended continued placement with the Sandusky family, and the judge overseeing his case agreed.

During testimony last week, an accuser known as Victim 4 said Matt Sandusky was living at the Sandusky home at the time he stayed there overnight and testified that Jerry Sandusky came into the shower with the two boys and "started pumping his hand full of soap." Matt Sandusky shut off the shower and left, appearing nervous, the witness said.

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Associated Press writers Michael Rubinkam and Maryclaire Dale contributed to this report.

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jerry sandusky, child sex abuse scandal, penn state nittany lions, u.s. & world news

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Sunday, 29 May 2011

Not guilty verdicts in NYPD rape trial

  Eyewitness NewsNEW YORK (WABC) -- After seven days of deliberations, a jury has found two NYPD officers not guilty in the rape of a drunk woman in 2008.

Officer Kenneth Moreno was accused of raping the then 27-year-old victim in her East Village apartment, while his partner, Officer Franklin Mata, acted as a lookout.

Both were acquitted of all serious charges, including rape and burglary, but were found guilty on three counts each of official misconduct.

The officers faced 25 years in prison if they had been convicted. Now, they face possible sentences from no jail time to a year in jail on each count. Since only one year on each count can be consecutive, they face no more than two years behind bars when they are sentenced on June 28.

Their attorneys, however, say they plan to appeal the convictions. District Attorney Cy Vance says the verdict shows that the officers violated the law.

"They violated the victim's rights," he said. "And the public's trust."

Moreno and Mata were called to help the intoxicated woman get home after she passed out in a taxi. They returned to her apartment three more times within four hours. The woman has testified that she passed out and awoke to being raped in her bedroom. Moreno had claimed that the woman made sexual advances, and that they cuddled in her bed but did not have sex.

During the trial, prosecutors told a stunning story of police misconduct and a perverse abuse of power. The officers acknowledged a number of missteps - including Moreno making a bogus 911 call - but said they weren't crimes and the rape allegation was a product of the woman's muddled memory.

Mata, 29, and Moreno, 43, have been suspended until a police department review after their trial.

The woman, a fashion product developer who's now 29, had gotten very drunk while out with friends celebrating her impending promotion and move to California. A cab driver called police for help getting her out of his taxi around 1 a.m. on Dec. 7, 2008.

The officers didn't tell dispatchers where they were as they repeatedly returned to her apartment - to check on her at her request, they said. Indeed, Moreno, a police officer for 17 years, admitted he invented an excuse for one of the visits by calling 911 with a phony report of a homeless man sleeping in a nearby building's lobby.

Her blood-alcohol level was three or more times the legal limit for driving, and she acknowledged during days of testimony that her memory of the night was spotty. But she said she acutely remembered the rape, and other vivid snippets - police radio chatter, flashlights, the same man's voice urging her to drink water in her bathroom and later asking her if she wanted him to stay in her bedroom - made her certain that her attacker was an officer.

"I couldn't believe that two officers who had been called to help me had, instead, raped me," said the woman, who has sued the city seeking $57 million over the incident.

After consulting prosecutors, she secretly recorded a conversation with Moreno a few days later. He alternately denied they had sex and seemed to admit it, particularly by saying twice that he'd used a condom when she asked him.

Moreno told jurors he was just "telling her what she wanted to hear" because she had suggested she'd go into the stationhouse where he worked and make a scene.

No DNA evidence was collected in the case, and experts debated whether an internal mark found during an examination of the woman could be interpreted as a sign of rape.

Moreno said he was only trying to console and counsel the woman about drinking during his series of visits, as he shared his own struggle with alcoholism some years before, killed a cockroach in her bathroom, made plans to have breakfast with her and sang to her a verse of Bon Jovi's "Livin' on a Prayer."

On the last visit, Moreno said, he suddenly found himself fending off drunken advances from the woman.

"I told her, 'There's another time for this. Not tonight.' I kind of had her by the shoulders, and I said, 'We're not doing this,"' he told jurors.

But, he said, he wound up in her bed after she fell and got stuck between her bed and a wall and needed to be freed. He said he stayed there with his arms around her for a time, out of sympathy, but kept his uniform on and didn't have sex with her.

Mata, a police officer for about five years, acknowledged during his testimony that he couldn't be sure what had happened between the two while he was snoozing on the woman's sofa. But he said he didn't believe Moreno had raped the woman because "Ken wouldn't do something like that."

He was charged with rape under state legal principles that hold an alleged accessory as responsible for a crime as the main defendant.

(The Associated Press contributed to this report.)

(Copyright ©2011 WABC-TV/DT. All Rights Reserved.) Get more New York News »


new york city, nypd, rape, new york news

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Wednesday, 18 May 2011

NYPD rape trial goes to jury Wednesday

Web produced by Bill King, Eyewitness NewsNEW YORK (WABC) -- The jury is set to begin deliberations Wednesday in the trial of two NYPD officers charged with raping a drunk woman.

The jury will begin to decide the fate of officer Kenneth Moreno and his partner, Franklin Mata.

On Tuesday, assistant district attorney Coleen Balbert told jurors in her closing statement that the evidence is there to convict.

Moreno is charged with raping the 27-year-old after he and Mata helped the woman out of a cab and into her East Village apartment in 2008. Mata allegedly served as a lookout.

"They had a pretty 27-year-old in that apartment who was drunk, alone and vulnerable," Balbert said. "And they didn't want anyone to know that."

Both officers are seen on surveillance video walking into her building four separate times.

Moreno claims the woman asked for help, so he returned to counsel her on alcohol abuse. But the prosecutor accused the officers of lying on the stand.

"This has nothing to do with checking on their accuser," Balbert said. "This is about officer Moreno wanting to have sex with the alleged victim."

Both officers deny any wrongdoing. Their attorneys said the woman's memory of that night is unreliable. There was, they said, no evidence of rape. They said there was no DNA or fingerprints from the officers in her bedroom.

The defense says the woman's lawsuit against the officers and the city should raise doubts.

"I didn't say she's a gold digger," defense attorney Edward Mandery said. "What I said is there's a lot of reasons in this case that would benefit her, 57 million of them, probably."

If convicted, each officer faces a maximum of 25 years in prison.

(Copyright ©2011 WABC-TV/DT. All Rights Reserved.) Get more New York News »


new york city, nypd, rape, new york news, jamie roth

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Thursday, 12 May 2011

Closing arguments expected in NYPD rape trial

Web produced by Bill King and Jennifer Matarese, Eyewitness NewsNEW YORK (WABC) -- Closing arguments are scheduled to start Thursday in the rape case involving two NYPD officers.

On Wednesday, officer Kenneth Moreno testified he never had sexual contact with the alleged victim while she was intoxicated.

Moreno said she flirted with him, but he simply kissed her on the forehead and cuddled with her in her bed.

When asked why he didn't tell his partner, who was allegedly passed out in another room, Moreno said, "I don't kiss and tell. I have a reputation of not saying...if have anything with a lady, I don't say anything."

In his second day of testimony, Moreno said the victim was trying to hook up with him and that he turned her down.

He denied undressing her and said she was already half naked when she called him into her bedroom, only wearing a pink bra.

Prosecutor Coleen Balbert asked him about his direct testimony, when he admitted his temptation.

"I said I could have put up more resistance," Moreno said. "She held onto my hand and pulled me down."

In all, Moreno spent nearly three hours sweating it out on the witness stand under aggressive cross-examination. At times, Balbert shouted and pointed her finger at him, and at one point accused him of lying.

"You're just making this up as you go along, aren't you?" she said.

Prosecutors then asked him about the secretly taped meeting with the victim in front of the 9th Precinct and why he didn't deny having sex with her.

"You didn't think she was accusing you of a crime?" Balbert asked.

"No," he replied.

He said he was confused when she confronted him.

"I was trying to figure out in my head why is she making these accusations," Moreno said. "Then I thought, maybe something did happen to her.

Moreno and Franklin Mata both face charges including rape in the December 2008 incident. Prosecutors say Moreno raped the woman while Mata served as a lookout.

(Copyright ©2011 WABC-TV/DT. All Rights Reserved.) Get more New York News »


new york city, nypd, rape, new york news, darla miles

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