Judge tosses 3 charges against Sandusky

The judge in Jerry Sandusky's child sexual abuse trial has dropped three additional charges against the former Penn State assistant football coach.

Judge John Cleland on Thursday morning dismissed two first-degree felony counts of involuntary deviate sexual intercourse and a second-degree felony count of aggravated indecent assault related to the accuser known as Victim 4.

In his ruling, Cleland said one count of involuntary deviate sexual intercourse and the aggravated indecent assault charge weren't supported by the evidence. The third charge was dismissed because Cleland said it duplicated another count.

Cleland said two of the counts had to be dismissed because the alleged
victim testified Sandusky attempted to penetrate him, but didn't say that
such penetration had actually occurred. Cleland said he would have been
required to set aside any convictions on those counts, because “the
verdict was not supported by the evidence.”

The accuser last week described more than 50 alleged incidents involving Sandusky between 1996 and 2000. He told jurors that the incidents occurred at Sandusky's home, in hotels and university facilities, when he was 12 to 17 years old.

Prosecutors say he also traveled with the Sandusky family to bowl games in Texas and Florida.

Sandusky still faces 48 of the 52 counts initially filed against him. Prosecutors on Monday willingly withdrew one charge, a count of unlawful contact with a minor related to so-called Victim 7, because the statute was not yet in effect at the time.

Cleland on Thursday also ruled against a defense motion to dismiss five counts related to a boy who was allegedly seen with Sandusky by a janitor.


Copyright 2012 WHTM and The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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