http://www.pennlive.com/midstate/index.ssf/2015/11/jerry_sandusky_request_to_exam.htmlJerry Sandusky request to examine grand jury participants denied
November 5, 2015
Jerry Sandusky lost a round in his latest appeal Thursday, while the media spotlight was trained on an extraordinary court appearance by embattled Attorney General Kathleen Kane.
Largely because of what Kane said in that appearance, a McKean County senior judge shot down Sandusky's request for court orders compelling cooperation from persons involved with the once-secret grand jury investigation into Sandusky's alleged sexual abuse of boys.
Judge John Cleland ruled after an unusual, closed-door session with Kane in which, according to the judge's order, she provided no evidence or information of leaks from her predecessors' staffs in the case.
Cleland wrote openly about Kane's testimony in his Thursday afternoon order, which he noted he had initially kept closed out of caution that information protected by grand jury secrecy rules might come out.
Instead, the judge wrote, Kane "testified that she is aware of no information, including emails or oral or written communications, that either prove to her, or persuade her, that Judge (Barry) Feudale and/or any attorneys for the Office of Attorney General orchestrated, facilitated, cooperated in, or arranged for the disclosure of otherwise secret grand jury information in this case."
With that, Cleland denied Sandusky's request to subpoena persons involved in the 2009-11 investigation as part of his quest to determine how The Patriot-News was able to publish a story on the investigation in March, 2011.
The defense wanted those powers as it tests a theory that leaks were strategically fed to the media in order to try to tease out other alleged witnesses who would build the case against the one-time Penn State football icon.
The door is not completely shut for Sandusky, however, as Cleland's order said defense attorney Al Lindsay is still free to pursue that angle with the current grand jury supervising judge, Norman Krumenacker.
Cleland did not rule on other aspects of Sandusky's appeal Thursday, including requests to:
* Compel testimony from a man who has claimed - without corroboration from prosecutors - to be the boy that former Penn State assistant coach Mike McQueary saw after-hours in a Penn State shower with Sandusky.
* Force private attorneys who represented the eight men who testified at trial against Sandusky to turn over copies of any contracts for representation in future civil settlements they had with the victims.
Cleland also explained in his order that he held the expedited hearing Thursday in part because of an Oct. 28 press release issued by Kane's office.
In it, Kane argued that Feudale, the judge who supervised the Sandusky grand jury investigation, had sought to leak sealed Supreme Court documents pertaining to her successful 2013 effort to have him removed from his grand jury position.
In her release - which was released the day before a previously scheduled argument on Sandusky's appeal - Kane did not directly level accusations about leaks on the Sandusky case.
But Kane also noted that Feudale had sent emails complaining about his ouster to some of the same prosecutors and reporters who were involved in the prosecution and/or reporting of Sandusky and other high profile cases.
Because that connection, to Cleland, cut to the core of the pending matters before him, he issued special orders last week compelling Kane to turn over what she had on Sandusky leaks by Wednesday.
The judge said he ordered her follow-up testimony on Thursday for clarification, and by Thursday night he felt he had it:
Kane, in Cleland's view, has "no information implicating Judge Feudale or any attorneys in the participation in any grand jury leaks in this case," the judge wrote, nor was it her intention to give that impression.