(NEW YORK) — The attorney for former Penn State coach Jerry Sandusky said Tuesday that he intends to have child molestation charges against Sandusky dismissed because a judge rejected his request to be provided with more information about the dates when Sandusky allegedly molested young boys.
Sandusky’s Attorney Joe Amendola asked the court this week for more detailed information on the ages of the men who accused Sandusky of molesting them when they were young, as well as more information about the times, dates, and locations when the alleged abuse occurred.
Judge John Cleland agreed with prosecutors that the accusers could not provide specific dates when they were allegedly molested.
“What he’s saying is exactly what the case law says can result in a case being chucked,” Amendola said Tuesday. “If the commonwealth can’t be more specific, the defendant can’t adequately present their defense.”
“I intend to file a motion to dismiss the charges against Jerry Sandusky sometime next week,” Amendola said in a statement.
Cleland said in a court filing that he dismissed the motion because Pennsylvania law allows him “greater latitude when the alleged crimes involve sexual offenses against a young child.”
Prosecutors emphasized their point on Monday that it is within reason for the alleged victims, most of whom are adults now, to not be able to remember specific dates and times of abuse. Deputy Attorney General Joe McGettigan said on Monday that it is normal for abuse victims to block out certain memories saying, “…it’s the victimization that they suppressed.”
Nils Frederickson, a spokesman for the Pennsylvania Attorney General’s Office, told ABC News that the prosecution would rather see how things play out in court than engage in a debate with Amendola.
“I’m not going to respond to Joe Amendola,” Frederickson said. “We have great deal of faith in this case and will continue to move forward.”
Sandusky, 68, is accused of 52 counts of child sexual abuse, with prosecutors charging that he sexually abused 10 boys over a ten year period. Jury selection for his trial is scheduled to begin on May 14.
Copyright 2012 ABC News Radio
Allie Malloy and Kevin Liptak, CNN
Kelly Bazzle, CNN
John Clyde, KSL.com