Judge: No new trial for Jerry Sandusky

HARRISBURG, Pa. (AP) — Jerry Sandusky lost a bid for a new trial Wednesday when a judge rejected his argument that his lawyers

were not given enough time to prepare for the three-week proceeding that ended with a 45-count guilty verdict.

Judge John Cleland's 27-page order said

lawyers for the former Penn State assistant football coach conceded that

their post-trial

review turned up no material that would have changed their trial


"I do not think it can be said that either

of the defendant's trial counsel failed to test the prosecution's case

in a meaningful

manner," Cleland wrote. "The defendant's attorneys subjected the

commonwealth's witnesses to meaningful and effective cross-examination,

presented evidence for the defense and presented both a

comprehensive opening statement and a clearly developed closing


He also rejected post-sentencing motions

regarding jury instructions, hearsay testimony and a comment by the

prosecution during

closing arguments that referred to the fact that Sandusky, who did

not testify at trial, gave media interviews after he was

arrested in November 2011.

Cleland said the prosecution's closing was not presented in a way that "was either calculated to, or did, create in the jurors

a fixed bias toward the defendant."

Sandusky also argued that charges should have been thrown out because they were not sufficiently specific, but Cleland said

the lack of specific dates did not prevent Sandusky from pursuing an alibi defense.

"The defendant has simply argued the offenses did not happen," Cleland said.

Sandusky is serving a 30- to 60-year state

prison sentence for sexual abuse of 10 boys, including violent attacks

on the children

inside Penn State athletics facilities.

Sandusky defense lawyer Norris Gelman said Wednesday that while he had not read the decision, Cleland's ruling means an appeal

will be filed to the mid-level Superior Court within the next 30 days.

The state attorney general's office, which prosecuted Sandusky, offered no immediate comment.

Also Wednesday, the Pennsylvania Senate unanimously approved a bill that aims to keep Penn State's $60 million fine to the

NCAA over the Sandusky scandal within the state.

The measure, sponsored by Sen. Jake Corman, a Republican whose district includes State College, would require such fines of

at least $10 million to be deposited into a state-administered account, and be spent on Pennsylvania programs that address

childhood sexual abuse.

"It makes sense that it should stay here to

benefit organizations and the children of the commonwealth," said

Corman, who

also recently filed a lawsuit over the fine, an action currently

pending in Commonwealth Court. He said the money "could do

an extraordinary amount of good right here in Pennsylvania."

Sen. Judy Schwank, D-Berks, said the Legislature needed to act quickly.

"The victims were from Pennsylvania, the abuse was perpetrated in Pennsylvania, and the crimes were investigated and prosecuted

by Pennsylvania authorities — not authorities from other states, the federal government or the NCAA," Schwank said.

In response, the NCAA issued a statement saying it was monitoring the legislation, "including examining whether, if enacted,

the proposed legislation would violate both the United States and Pennsylvania constitutions."

In had previously said 25 percent of the annual grants would be reserved for Pennsylvania organizations.

Penn State agreed to the fine last summer as part of a deal that averted a potential shutdown of its football program by college

sports' governing body. The university has already made the first of five $12 million payments.

Gov. Tom Corbett has filed a federal anti-trust lawsuit against the NCAA over the sanctions.