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Pennsylvania appeals court orders new sentencing for Jerry Sandusky

By Danielle Haynes
The appeals panel cited a recent U.S. Supreme Court ruling that a jury must consider all elements -- which must be proven beyond a reasonable doubt -- that are used to justify a higher sentence. File Photo by George M Powers/UPI
The appeals panel cited a recent U.S. Supreme Court ruling that a jury must consider all elements -- which must be proven beyond a reasonable doubt -- that are used to justify a higher sentence. File Photo by George M Powers/UPI | License Photo

Feb. 5 (UPI) -- A Philadelphia appeals court on Tuesday ordered the re-sentencing of former Penn State assistant football coach Jerry Sandusky on his 2012 sexual assault conviction.

Pennsylvania Judge John Cleland sentenced Sandusky to 30 years to 60 years in prison on Oct. 9, 2012, after a jury found Sandusky guilty on 45 counts of sexual abuse of minor boys.

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The appeals panel said the initial sentencing goes against a recent U.S. Supreme Court ruling against mandatory sentencing minimums in some cases. The high court ruling determined that a jury must evaluate aspects of the case that could result in a longer sentence, but a judge handed down the punishment.

The appeals court also ruled against Sandusky's bid for a new trial, a finding his lawyer plans to appeal to the state's highest court.

Sandusky, 75, denied ever assaulting the 10 teenage and adolescent boys and described the case against him as a "well-orchestrated" conspiracy, started by "dramatic" assertions of a young accuser who was joined by the media and the criminal justice system.

The victims and prosecutors said Sandusky preyed on the young boys through his Second Mile organization for at-risk and underprivileged youth.

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The scandal eventually implicated others at Penn State, including famed head football coach Joe Paterno, to whom an assistant coach reported seeing Sandusky rape a 10-year-old boy in 2002. Paterno, who reported what he was told to Athletic Director Tim Curley, faced criticism for failing to follow up on the allegations at the time. The head coach was later cleared of any wrongdoing.

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