In addition, Sandusky’s defense team requested again this morning that Senior Judge John Cleland drop some charges against the former defensive coordinator, but he denied all of the motions.
Karl Rominger, co-counsel for Sandusky, argued once again that the charges involving the people referred to as “Victims 1, 3, 4, 7, 9 and 10″ are not specific enough to defend Sandusky.
He said that because there is an extended time frame for each count, it is difficult to prevent an alibi for where Sandusky was on every occasion of the alleged offenses. Some of the charges are spans of about four years, according to court documents.
In court filings prior to the trial, Sandusky’s attorneys filed similar requests to drop charges, which Cleland denied.
Rominger also argued that since former assistant coach Mike McQueary said he did not see penetration when he said he witnessed Sanduksy in the shower with a young boy in 2001, then the charges of indecent assault should be dropped for the person referred to as “Victim 2.”
Prosecutor Frank Fina argued that there is “ample circumstantial evidence” that penetration occurred.
The person called “Victim 2” has not yet been identified.
As for charges regarding the people called “Victim 2” and “Victim 8,” the defense argued that it was not determined what age the boys actually were who were in the shower with Sandusky.
Rominger said prosecutors didn’t present medical evidence and it has not been determined that the boys were under the age of 16 years old.
Fina said there is no legal obligation for the witnesses to speak with an expert to determine the age of the people they said they saw in the shower with Sandusky. Fina argued that the witnesses are “mature adults” and can use their “everyday experiences” to determine the ages of the boys properly.
Prosecutors also withdrew count 33 today — unlawful contact with a minor – sexual offenses, according to court documents — because of the dates provided in the testimony of the person referred to as “Victim 7.”
The defense also asked Cleland to dismiss the charges regarding the person called “Vicitm 6” because he said he “blacked out” after he got out of the shower with Sandusky, and does not remember what happened.
Since the man doesn’t remember the exact contact that occurred, charges involving him should be dismissed, Rominger said.
Though he didn’t ask to drop charges regarding the person called “Victim 5,” he said the defense will present testimony to show that Sandusky did not have access to the Lasch Football Building in 2001. The man testified that the alleged offense occurred in that building.
After rulings are made on the motions, the prosecution’s final witness is expected to testify at 10 a.m. when court is back in session.