Prosecutors ask for out-of-county jury in Sandusky case

[alp227]

Prosecutors in the Jerry Sandusky child sex abuse case asked Tuesday that jurors be selected from another county besides Centre County, Pennsylvania.

In their motion, they cited the "spectacular" publicity around the upcoming trial and the "unique" relationship residents there have with Penn State.

Sandusky was charged in November with sexually abusing young boys over a 14-year period. The former Penn State assistant football coach has denied the charges and was released on $100,000 bail.

"The relationship of Penn State University to the community which surrounds and supports it is special. ... To ask members of that community to break down that alloy and insulate themselves from the institution which informs so many aspects of their lives is asking too much. It is unfair and impracticable," prosecutors wrote in their motion.

full: http://www.cnn.com/2012/01/31/justice/pennsylvania-sandusky-jury/index.html

So the trial will not be held in Pittsburgh or Philadelphia and cause heavier traffic in those cities. But some people from either place might get a few weeks off work for jury duty?

[Politicalboi]

1. Do other counties have TV or the internetS, or The Google?

LOL! I live in Ca and I know about the case. Maybe they should try another country.

[SoapBox]

2. Gotta do all possible to protect that football program and the school!

Kids be damned!

Must DAP to protect the money flow!

...sickening...lock up the pervert.

[Critters2]

3. This is the wise thing to do, considering how people in "Happy Valley" seem to worship

all things football.

[lunatica]

4. self delete

I misread the OP

[TBF]

5. You can send him down here to Texas.

We'll take care of it.

[alp227]

11. shhhh...don't give perry any ideas!

[msanthrope]

6. It's a good move by the prosecutors--calling a jury from tha area would be nigh on

impossible, given the financial connections everyone has with the PSU behemoth.

[AngryAmish]

7. God those people are fucked in the head

Child rape = good?

[atreides1]

9. Just like their governor

Unless there was a real good reason why he failed to prosecute the case while he was the PA Attorney General?

[happyslug]

8. This is NOT permitted UNLESS the Defense agrees

Under both the US and Pennsylvania Constitution a defendant has the RIGHT to be tried

Section 6. Trial by Jury
Trial by jury shall be as heretofore, and the right thereof remain inviolate. The General Assembly may provide, however, by law, that a verdict may be rendered by not less than five-sixths of the jury in any civil case.

http://www.legis.state.pa.us/wu01/vc/visitor_info/creating/constitution.htm

The Federal Bill of Rights go into a little more details as to what is protected:;

Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Pennsylvanian Court has interpreted the above to mean that the right to a Jury Trial includes all of the rights under the Common Law including the right to have a jury from the county the crime occurred in. The DEFENDANT has the right to waive this requirement, but the STATE can NOT, Thus the prosecutors can suggest for a change of the Jury Pool, they can agree to a change in the Jury Pool but only the Defense has the right to DEMAND such a change (and then only if it can be shown that the Defense would be harmed unless the change is done).

[happyslug]

10. If the motion is granted, the State Supreme Court will decide which county the jury will poll from

The Classic case was the Yablonski case, while the Murder occurred in Washington County PA (The County, just South of Allegheny County, whose county Seat is the City of Pittsburgh) the actual trial was held in A county just north of Philadelphia. At that time (the 1970s) Washington County was still a Rural County (Except along the Monongahela River which was dominated by Steel plants and other parts of the Steel and Coal industry) that was still dependent on Coal as its "Industry" (Since the 1980s, Northern Washington County has become more and more a Suburb of Pittsburgh, but South of the Borough of Washington, the county Seat of Washington County, is still dominated by coal).

Anyway, given the nature of the Crime, not only was Yablonski killed, but so was his wife and 25 year old daughter. it quickly became clear that there was no way you could find a neutral jury in Western Pennsylvania (The whole area was dominated by the Bituminous coal and Steel industry) thus the State Supreme Court transferred the case to an Anthracite (Hard Coal) Coal County just north of Philadelphia. Yes, a Washington county Judge, a Washington County Prosecutor, Washington County investigators. Washington County Witnesses had to move clear across the state for NOT just one Trial but several trials of the Actual Killers and then the people who had hired them (And in the case of W.A. Boyle, the person who did the hiring, two trials for the first trial was overturn on a legal technically).

The State paid nothing for these trials, Washington County had to bare the costs and remember Washington County was a poor Rural County at that time period (And in many ways still is, except along the Monongahela river where it is a poor old industrial area).

http://en.wikipedia.org/wiki/Joseph_Yablonski

My Point is the State Supreme Court will try to find a Similar County to Central County, but that will be a problem, it is one of the few counties in the middle of the State that went for Obama in 2008 (Yes only 55% for Obama, Western Pennsylvania outside of Allegheny County and Cambria Counties, technically went for McCain but in all of counties of Southwestern Pennsylvania the numbers for almost all 50-50 with McCain getting a handful more votes to "Win" those counties, and Cambria County did the same, but for Obama not McCain).
http://www.washingtonpost.com/wp-srv/politics/interactives/campaign08/election/uscounties.html

The 2008 Democratic Primary shows how hard it will be to match Center County with any other county. Center County and its neighbor Union County went for Obama, but except for Dauphin, Lancaster, Philadelphia, Chester and Delaware counties (All in Eastern Pennsylvania) when for Hillary.

Thus the only Counties that went with Center County in BOTH elections are Dauphin, Delaware, Chester and Philadelphia Counties, all URBAN counties for all practical purposes. Philadelphia is going to be out, for it is the most urban county in the State thus no way compatible with mostly rural Center County. Delaware is NOT that much better thus I suspect it is out. That leaves Chester and Dauphin Counties. Dauphin has a huge African American Minority (The State Capital, Harrisburg is in Dauphin County) Center County does NOT, that leave Chester as the most "Compatible" (Through Dauphin is the most like Center County, a Small City, Harrisburg in Dauphin, State Collage in Center County, surrounded by rural areas (Through most of "Rural" Dauphin County is nothing but Suburbs, which is NOT true of Center County).

If the Defense agrees to a Change in the Jury Pool, the question is going to be which county shall the jury be pulled from? Indiana County (where the University of Indiana of Pennsylvania is the main industry) is in many ways compatible to Center County, has possibilities, IUP is much smaller then Penn State and Indiana County has a much larger rural population then Center County (More the result of Indiana County being in the Bituminous Coal Region of Western Pennsylvania while Center County is NOT). The problem is how compatible is Indiana County to Center County given both went for different Presidential Candidates in the 2008 election by about the same percentage, 47% for McCain in Indiana, 55% for Obama in Center County).

I bring up the Presidential Elections for it shows how different parts of the states think. Western Pennsylvania is much more Democratic then the rest of the State, but also prefer White Candidates (Thus Kerry in 2004 and Gore in 2000 took most of the Counties in Western Pennsylvania by Solid Numbers, while Obama lost most of those same counties but 1% or less of the vote). I.e. Western Pennsylvania is Economically Liberal but Socially Conservative, while Center County and Eastern Pennsylvania is much more Socially Liberal but less economically liberal. A factor the Court will have to consider.

Just pointing out that deciding which county the jury should pull from is a difficult decision.

http://uselectionatlas.org/RESULTS/index.html