Mike McQueary’s testimony was a key part of the Jerry Sandusky child sex abuse case.
Could it also be a key to the retired Penn State defensive coordinator getting a new trial?
Sandusky’s lawyers are hoping so.
On Monday, Al Lindsay and Andrew Salemme submitted a motion to reconsider the issue of grand jury leaks in Sandusky’s case. One of the points in question? What McQueary testified to at another trial.
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The lawyers quoted transcripts from McQueary’s testimony March 21 in the trial of former Penn State president Graham Spanier.
“The AGs called and said we are going to arrest folks and we are going to leak it out,” McQueary said.
Leaks of grand jury testimony have been a spotlight issue in Pennsylvania in recent years, including the 2016 perjury and obstruction conviction of then-attorney general Kathleen Kane that all started with a leak. Kane, who was not AG during Sandusky’s investigation or trial, answered questions in the PCRA case before her conviction.
Leaks have also been raised several times during ongoing evidentiary hearings as Sandusky pursues a new trial or an overturning of his conviction. Lindsay and Salemme have called prosecutors Frank Fina, Joe McGettigan and Jonelle Eshbach and asked them questions about leaks under oath.
“One of the great misconceptions is that grand jury leaks happen all the time and they are all illegal leaks,” Fina said in August.
Lindsay and Salemme have argued that leaked information from the grand jury presentment could have lead to victims in the case conforming their stories to a matching narrative, something Office of the Attorney General has denied.
“In addition to the leak of the presentment itself, Mr. Sandusky renews his request to call Sara Ganim and would ask that the court reject any claim of privilege and permit counsel to inquire with Ms. Ganim as to whether any members of law enforcement and/or the prosecution team provided her with grand jury information based on the previously filed brief and in light of testimony adduced at prior PCRA hearings,” the attorneys wrote.
Lindsay said last year that testimony from Ganim, a former Centre Daily Times and Patriot News reporter who now works for CNN, was “under discussion.”
The attorneys filed a separate motion renewing a request to the court for review of therapy notes by both the judge and an expert witness.
Michael Gillum, a therapist who worked with one Sandusky victim, testified last month that he did not use recovered memories in his treatment, saying “If you talk about something that might have happened to someone, the subconscious mind can pull together bits and pieces of real memories and come up with a false memory.” But minutes earlier he said on the stand that he had discussed with the young man what he believed Sandusky’s behavior was and calling him the “profile of a predator.”