Sandusky Attorney Wants Charges Dismissed

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A judge in Centre County shot down the latest attempt Wednesday by Jerry Sandusky's attorneys to have his trial delayed.

Now that judge is considering arguments made Wednesday afternoon whether or not to dismiss some charges against Sandusky before his trial begins.

The hearing could be the last chance for the prosecution, defense and the judge to iron out any issues before the scheduled start of the high-profile trial next week.

Jury selection is set to begin on Tuesday at the courthouse in Bellefonte.

Jerry Sandusky's attorney argued to have three of the 10 cases dismissed for lack of evidence.

No matter what the judge rules, all indications are that the trial will go on.

The major players in the upcoming Jerry Sandusky trial arrived at the courthouse in Bellefonte.

Sandusky's attorney, Joe Amendola, was there, still subject to the judge's gag order. Once in the courtroom, Amendola argued there is not enough evidence for Sandusky to be tried on three of the 10 alleged victims.

Prosecutors told the judge that even with second-hand witness accounts they have additional evidence that can prove that Sandusky sexually abused the boys in question.

An advocate for rape victims agrees.

"They felt there was enough evidence to bring forward charges and let's bring the evidence into the courtroom," said Kristen Houser of Pennsylvania Coalition Against Rape.

All this comes a day after the judge, Sandusky himself and prosecutors met Tuesday behind closed doors at the Centre County Courthouse annex for a couple of hours. At first the meeting led to speculation there could be a plea agreement in the works.

Then the judge issued an order saying the hearing was to discuss a defense motion to push back the trial again. Senior Judge John Cleland denied the motion, setting the stage for next week's scheduled jury selection.

If there were a plea, instead of a trial victims' advocates said it would depend on the victim if a plea would be the best possible outcome.

"I really think each individual victim in any case needs to decide if a plea is good for them. I'm going to assume the attorneys are discussing that with the victims and considering their thoughts and positions on this," Houser added.

The judge still has to decide if the three cases should be dismissed.

If they are, and the judge could rule on that as early as Thursday, that would still leave seven alleged victims.

If the trial goes ahead as scheduled next week, Penn State's former assistant football coach once known for his defense strategies on the field will have to mount a different kind of defense.