crimesider

Judge to Sandusky jurors: Consider what witnesses have to gain or lose

Former Penn State assistant football coach Jerry Sandusky leaves the Centre County Courthouse in Bellefonte, Pa., June 20, 2012. AP Photo

Former Penn State assistant football coach Jerry Sandusky leaves the Centre County Courthouse in Bellefonte, Pa., June 20, 2012.
Former Penn State assistant football coach Jerry Sandusky leaves the Centre County Courthouse in Bellefonte, Pa., June 20, 2012.
AP Photo
(CBS) BELLEFONTE, Pa. - Judge John Cleland gave the jury in the child-sex abuse case against Jerry Sandusky its instructions for deliberation Thursday morning. He told them that, "poor judgment does not in and of itself amount to criminality," and to consider "whether the witnesses have anything to gain or lose by the outcome of the case."

Pictures: Child-sex scandal rocks Penn State

"It is not necessarily a crime for an adult to touch a child," said Judge Cleland. "For example, it is not a crime for a downhill skiing coach to grab a hold of a child's leg to grab hold of a child's leg to reduce their speed...It is a crime for a man to have oral sex with a boy or have the boy perform oral sex on him."

He continued: "Other forms of physical contact are more problematic. It is not necessarily a crime for a man to take a shower for a boy, to wash a boy's hair or rub a boy's shoulder."

The jury, he said, must "distinguish expression of familiar and family affection from and act of lust...If he did not act out of sexual desire then he did not commit a crime even if he did act with poor judgment."

Sandusky is accused of six crimes - involuntary deviate sexual intercourse, unlawful contact with a minor, corruption of a minor, endangering the welfare of a child, indecent assault and attempted indecent assault of a child - stemming from accusation he abused 10 boys over 15 years in hotels, at his home and in the football team's showers.

On Thursday, Judge Cleland dropped three of the 51 charges against him. Sandusky denies the allegations.

Additional reporting by CBS News' Paula Reid in Bellefonte, Pa.

Complete coverage of the Jerry Sandusky trial on CBSNews.com

  • Crimesider Staff

Comments

Follow Us