CBS News/ June 23, 2012, 2:43 AM

Sandusky attorney Joe Amendola: "We had an uphill battle"

(CBS News) The attorney of former Penn State football coach Jerry Sandusky, who was found guilty Friday on 45 of 48 counts in his child sex abuse case, said that they were facing an uphill battle in regards to a defense.

"From the beginning... we had a tidal wave public opinion against Jerry Sandusky and the charges filed against him," said Joe Amendola Friday night in comments delivered following Sandusky's guilty verdict, "that he had been determined to be guilty by the public and the media from the very outset of the charges, and that we had an uphill battle. I use the analogy: We were attempting to climb Mount Everest from the bottom of the mount. Obviously we didn't make it."

Amendola said that the Sandusky family was very disappointed at the outcome. He also added that he felt Sandusky would get a fairer shake through a jury, but added the jury believed the Commonwealth's evidence. "I've been asked already inside is that a surprise. And no, it was the expected outcome, because of the overwhelming amount of evidence against Jerry Sandusky," said Amendola.

Sandusky found guilty in child sex abuse trial
Penn. AG praises Sandusky victims' courage

Amendola said that he has some appeal issues to pursue. He also added that the prosecution handled the case in an exemplary manner and complimented John Cleland, the judge in the case. "The only disagreement we had was a request for a continuance," said Amendola.

As to why his client didn't take the stand during the trial, Amendola said a gag order was in place. He cited that Thursday evening, he received a call from the Commonwealth attorneys that Matt Sandusky, Jerry Sandusky's adopted son, had contacted them and said that the former Penn State coach abused him years ago, and that they were thinking of putting Matt Sandusky as a witness at the trial.

"I objected," explained Amendola. "I indicated that our whole case was predicated with Jerry testifying. Jerry had always wanted to testify However, the next day, the Commonwealth attorney advised me he would not call Matt Sandusky...that it would reserve the right to call him as a rebuttal witness depending on whatever evidence we presented. That created a real dilemma for us, because now if we call Jerry Sandusky as a witness, it would have resulted in the Commonwealth being permitted to call Matt Sandusky at rebuttal.

"We decided as a little strategy position that to put Jerry on the stand, to set him up to have Matt come in to this jury and testify against him, would have absolutely destroyed whatever chances at acquittal. He reluctantly agreed not to testify."

Asked if the 45 guilty counts proved that his client is sick, Amendola answered no. "There are lots of people sitting in jails all across this country who have been executed for murder and later determined to have been innocent. What this proves to me I believe the jury acted genuinely and in good faith, i believe the jury acted on the evidence that was presented to it. I don't have any problems with the jury's verdict."

© 2012 CBS Interactive Inc. All Rights Reserved.
4 Comments Add a Comment
linkicon reporticon emailicon
americalove1 says:
The defense attorneys have responded with grace, dignity, and complete professionalism, as should be expected. They did their job to the best of their ability. Defense attorneys don't have to like their clients or even believe them. But they are required to do their job in a competent manner.

I've seen many negative posts against defense attorneys. I don't know why. Everyone in this country has a constitutional right to defend themselves in a court of law.

All attorneys are required by law & the ABA to provide the best defense they can for their client. Otherwise, they can be sued for malpractice, or other punishment.
reply
linkicon reporticon emailicon
twmat311 says:
If Amendola has no problems with the verdict, what's his concern with appealing? 45 of 48 counts, a PSU-stacked jury, a stepson ready to testify, a former grad student witness (McQueary) with everything to lose and only justice to gain - I'd say there was a pretty big sliver of a chance that these things reallly occurred.

Let this end, and start rebuilding the damaged lives.
reply
Elest555 replies:
linkicon reporticon emailicon
I'm glad they are going to appeal. Maybe it will give Matt Sandusky a chance to testify, and maybe more victims will come out now.
linkicon reporticon emailicon
notreich says:
You mean his wife, Ray Charles I believe her name was, was wrong all along?
reply
Scroll Left Scroll Right