Tuesday, October 9, 2012

Victim: It 'will never erase what he did'

  • The sentencing phase of the trial is scheduled for 9 a.m. ET
  • Sandusky makes audio statement on eve of sentencing hearing
  • He says that he knows in his heart he is innocent
  • Former coach could face life in prison after conviction on 45 counts of child sex abuse

Bellefonte, Pennsylvania (CNN) -- Convicted pedophile Jerry Sandusky may face up to life in prison when he is sentenced Tuesday morning for sexually abusing 10 boys over a 15-year period.

And while some of his victims and Sandusky himself are expected to address the judge during the proceedings, he pleaded his case in an audio statement that aired Monday in which he protests his innocence and says he is falsely accused.

"They could take away my life, they could make me out as a monster, they could treat me as a monster, but they can't take away my heart," the former coach at Penn State says. "In my heart, I know I did not do these alleged disgusting acts."

In his statement, Sandusky also accused the judge of bringing the case to trial too quickly, the victims of conspiring together and the attorneys of trying to make money in future civil suits. Members of his defense team have long maintained that they were denied sufficient time to prepare.

Sandusky's lawyer reacts to jail tape
Former Penn State assistant football coach Jerry Sandusky leaves the Centre County Courthouse in handcuffs after a jury found him guilty in his sex abuse trial on Friday, June 22.Former Penn State assistant football coach Jerry Sandusky leaves the Centre County Courthouse in handcuffs after a jury found him guilty in his sex abuse trial on Friday, June 22.
Sandusky is escorted in handuffs to a police car at the Centre County Courthouse under the glare of TV lights. The jury found Sandusky guilty on 45 of 48 counts.Sandusky is escorted in handuffs to a police car at the Centre County Courthouse under the glare of TV lights. The jury found Sandusky guilty on 45 of 48 counts.
Defense attorney Joe Amendola talks to the media after the trial.Defense attorney Joe Amendola talks to the media after the trial.
Dottie Sandusky, who has been married to Sandusky for 46 years, walks with her husband while jurors deliberate. She testified that she did not witness any sexual abuse.
Dottie Sandusky, who has been married to Sandusky for 46 years, walks with her husband while jurors deliberate. She testified that she did not witness any sexual abuse.
Matt Sandusky, one of Jerry Sandusky's six adopted children, said Thursday through his attorney that he also was sexually abused and was prepared to testify.Matt Sandusky, one of Jerry Sandusky's six adopted children, said Thursday through his attorney that he also was sexually abused and was prepared to testify.
Shadows of the media are seen outside the courthouse during the second day of deliberations. Jurors took 21 hours over two days to convict Sandusky on 45 of 48 charges against him.Shadows of the media are seen outside the courthouse during the second day of deliberations. Jurors took 21 hours over two days to convict Sandusky on 45 of 48 charges against him.
Sandusky's attorney Joe Amendola arrives at the courthouse Friday. After the conviction, Amendola announced plans to appeal despite the mountain of convictions against his client.Sandusky's attorney Joe Amendola arrives at the courthouse Friday. After the conviction, Amendola announced plans to appeal despite the mountain of convictions against his client.
Judge John Cleland walks into the courthouse. Once the jury reached its decision, he revoked Sandusky's bail and ordered his arrest.
Judge John Cleland walks into the courthouse. Once the jury reached its decision, he revoked Sandusky's bail and ordered his arrest.
Prosecutor Joseph E. McGettigan III, second from left, and the rest of his prosecution team arrive at the courthouse Friday. Prosecutor Joseph E. McGettigan III, second from left, and the rest of his prosecution team arrive at the courthouse Friday.
A crowd gathers outside the Centre County Courthouse in Bellefonte, Pennsylvania, to await the Sandusky verdict.
A crowd gathers outside the Centre County Courthouse in Bellefonte, Pennsylvania, to await the Sandusky verdict.
Sandusky faces the cameras as he is led to a sheriff's vehicle in handcuffs after the reading of the verdict.Sandusky faces the cameras as he is led to a sheriff's vehicle in handcuffs after the reading of the verdict.
Sandusky is put into a police car.Sandusky is put into a police car.
Sandusky was booked into the Centre County Correctional Facility.Sandusky was booked into the Centre County Correctional Facility.
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Photos: Jerry Sandusky convictedPhotos: Jerry Sandusky convicted
The podium stand outside of Jerry Sandusky's trial on its first day is covered in mics, hinting at the massive media coverage of the event.The podium stand outside of Jerry Sandusky's trial on its first day is covered in mics, hinting at the massive media coverage of the event.
Several news vans pile up outside of the Sandusky trial. The network satellite vans are all parked in front of the Centre County Courthouse and the vans parked in back are live trucks from the regional news outlets. Several news vans pile up outside of the Sandusky trial. The network satellite vans are all parked in front of the Centre County Courthouse and the vans parked in back are live trucks from the regional news outlets.
Every day Sandusky arrived in the passenger seat of his attorney Joe Amendola's black BMW SUV.Every day Sandusky arrived in the passenger seat of his attorney Joe Amendola's black BMW SUV.
This sign posted on a road near the town of Bellefonte, Pennsylvania, shows support for former Penn State head football coach Joe Paterno.This sign posted on a road near the town of Bellefonte, Pennsylvania, shows support for former Penn State head football coach Joe Paterno.
Mic cords abound as the media took over the courthouse lawn to cover the Jerry Sandusky trial. Mic cords abound as the media took over the courthouse lawn to cover the Jerry Sandusky trial.
The grave of Joe Paterno is at Spring Creek Presbyterian Cemetery in State College, Pennsylvania. The grave of Joe Paterno is at Spring Creek Presbyterian Cemetery in State College, Pennsylvania.
Reporters wait with microphones outside of the Sandusky trial. Reporters wait with microphones outside of the Sandusky trial.
Several photographers and videographers staked out spots behind the police's green barriers in the back of the courthouse where Sandusky's trial was taking place. Several photographers and videographers staked out spots behind the police's green barriers in the back of the courthouse where Sandusky's trial was taking place.
Live vans from regional news outlets fill the lot behind the Centre County Courthouse where the Sandusky trial is taking place. Live vans from regional news outlets fill the lot behind the Centre County Courthouse where the Sandusky trial is taking place.
Judge John M. Cleland is presiding over Sandusky's trial at the Centre County Courthouse in Bellefonte, PennsylvaniaJudge John M. Cleland is presiding over Sandusky's trial at the Centre County Courthouse in Bellefonte, Pennsylvania
A business advertises Joe Paterno items within view of the courthouse where assistant coach Sandusky is on trial.A business advertises Joe Paterno items within view of the courthouse where assistant coach Sandusky is on trial.
The gate to the practice football field is locked at the Mildred and Louis Lasch Football Building at Penn State University in State College, PennsylvaniaThe gate to the practice football field is locked at the Mildred and Louis Lasch Football Building at Penn State University in State College, Pennsylvania
Mics and cameras surround the podium ouside the courthouse where Jerry Sandusky is on trial.Mics and cameras surround the podium ouside the courthouse where Jerry Sandusky is on trial.
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Photos: Sandusky trial coveragePhotos: Sandusky trial coverage

Tom Kline, an attorney for the person identified in court as Victim No. 5, called Sandusky's words "preposterous."

"If you are to believe Mr. Sandusky, then we have the grand conspiracy, which his lawyers attempted to play out in the court, which involved 10 young men, a janitor, Mr. (Mike) McQueary, the press, the lawyers and everyone else who's involved," Kline told CNN's "Erin Burnett OutFront" Monday evening.

"The fact of the matter is that there was no collusion whatsoever. My client came forward only after there was a knock on the door by the police, which led him to a grand jury room. He had never spoken to anyone. He told his story."

McQueary, a former Penn State assistant football, testified that he saw Sandusky in a shower with an underage boy. He filed a whistleblower lawsuit last week against the university, according to a court document from Centre County, Pennsylvania.

Sandusky co-counsel Karl Rominger confirmed the audio statement is legitimate.

"If he wants to say that, God bless the First Amendment," Rominger said.

Penn State University's ComRadio first aired the audio clip on its website Monday evening.

"We will continue to fight," he said in the audio statement. "We didn't lose the proven facts, evidence, accurate locations and times. Anything can be said. We lost to speculation and stories that were influenced by people who wanted to convict me."

But an attorney for Victim No. 4 sees it differently, saying Sandusky needs to confess his guilt.

"One thing that's critical for victims' healing is an acknowledgment of guilt. (Sandusky) is stunting that healing," attorney Ben Andreozzi said. "He is either delusional, or the victim of one of the most comprehensive conspiracies of mankind."

The attorney for a man who claims he was repeatedly sexually abused by Sandusky while a child said the statement is a reminder that child predators justify their actions.

"Pedophiles often believe they did not do anything wrong. In their twisted universe, they helped their victims and loved them," said Marci Hamilton, an attorney for Travis Weaver, now 30. Weaver did not testify in Sandusky's trial, but did file a civil action against the former coach.

It has been nearly a year since the Penn State scandal erupted, leading to the firing of iconic head football coach Joe Paterno and the ouster of the university's longtime president.

Jurors determined in June that Sandusky, a 68-year-old former defensive coordinator, used his access to university facilities and a foundation he founded for under-privileged youth to sexually abuse the boys.

His attorney, Joe Amendola, said Monday that his client, who is being held in the Centre County, Pennsylvania, jail, plans to read a statement before the court. Sandusky's statement should take five to 10 minutes, he said, but likely will steer clear of the argument he failed to receive a fair trial. On Monday the judge made it clear sentencing wouldn't be the place for such legal arguments, Amendola said.

On June 22, Sandusky was convicted on 45 counts of child sex abuse, ranging from corruption of minors to involuntary deviate sexual intercourse, which were laid out in graphic testimony by his accusers over the course of the less-than-two-week trial.

His attorneys will have 10 days after the sentencing to appeal the decision.

At least of three of Sandusky's victims are expected to be in attendance on Tuesday, according to their attorneys. Two of them plan to address the former coach directly, while the third is expected to have a statement read by prosecutors.

The statement from Victim No. 4 "will convey anger," said Andreozzi said. "He is nowhere near forgiving Sandusky."

Kline's client, Victim No. 5, also plans to speak. He provided a statement to CNN

"I hope and pray that when Your Honor sentences Mr. Sandusky that you consider the real harm he has done to me and others, and take into account the tears, pain and private anguish I and others have suffered," he said.

Members of Sandusky's family, including his wife, Dottie, will submit letters of support to the court as will some of the former participants in the Second Mile foundation, Amendola said.

Penn State fans vow to support team

During the trial, which garnered national attention and cast a shadow on Penn State's heralded football program, the 23-year-old Victim No. 4 testified that he was only 13 when Sandusky sexually abused him in a university shower.

That account is separate from a 2001 incident about which then-graduate assistant McQueary testified, saying that he saw the former coach pressed up against the back of a boy in the shower room of the Lasch Football Building.

Prosecutors described during the trial how Sandusky showered with the boy, using locker room "soap fights" as a pretext for abuse.

Sandusky's attorneys say they plan to appeal the guilty verdict, and will argue that the jury's opinions had been tainted by a prosecution reference to a disturbing interview their client did with NBC's Bob Costas prior to the trial.

CNN legal contributor Paul Callan called Sandusky's audio statement another "horrible mistake" akin to the Costas interview and one that likely won't sit well with the judge.

"If Sandusky wanted to give a press interview and tell his side of the story after sentencing, believe me, everyone is looking to talk to him," Callan said. "So why wouldn't you wait, do this in a dignified way, hope for the lowest possibly sentence and then take your case to the public?"

"I've never seen anything like this," he said on "Erin Burnett OutFront."

Less than a month after Sandusky's conviction, former FBI Director Louis Freeh released his university-funded report that blamed Paterno, President Graham Spanier, suspended Athletic Director Tim Curley and ex-Vice President Gary Schultz for taking part in a cover-up to avoid bad publicity.

When a hero falls off a pedestal

Freeh also said Paterno could have stopped the attacks had he done more, though neither McQueary, Sandusky nor Paterno -- who died in January -- were interviewed by his investigators.

Attorneys for Spanier blasted the review, calling it a "blundering, indefensible indictment" and "a flat-out distortion of facts" that was "infused with bias and innuendo."

In July, the NCAA imposed sanctions against Penn State, including a $60 million fine, scholarship reductions, the vacating of 112 wins, five years' probation and a bowl ban for four years.

CNN's Ross Levitt and Ed Payne contributed to this report

 
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