The dismissal recommendation cites a rule that an inmate cannot file a habeas corpus petition until a sentence is final and there is a restitution issue remaining with Sandusky's.
Sandusky’s attorney E.J. Rymsza acknowledges in a court filing Wednesday that his client is awaiting resentencing.
But he argues it is only on the restitution issue and it will not result in any meaningful change to Sandusky’s conviction or sentence. If Judge Malachy E. Mannion chooses not to reject Saporito’s recommendation, Rymsza asks that he hold the appeal in abeyance until the restitution matter is resolved.Saporito issued his recommendation before the state attorney general’s office, which prosecuted Sandusky, had the opportunity to reply to his petition.A Centre County jury found he sexually abused 10 boys of his youth charity, the Second Mile, between 1994 and 2008.
The basis of his habeas petition are claims of ineffective counsel by trial lawyers Joseph Amendola and Karl Rominger.The Sandusky scandal resulted in the firing of head football coach Joe Paterno and Penn State President Graham Spanier. Spanier was convicted of a misdemeanor charge of endangering the welfare of a child and spent two months in prison.
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