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Last updated: September 17. 2013 1:37AM - 1063 Views
Associated Press



FILE - In this Oct. 9, 2012 file photo, former Penn State University assistant football coach Jerry Sandusky, center, is taken from the Centre County Courthouse by Centre County Sheriff Denny Nau, left, and a deputy, after being sentenced in Bellefonte, Pa.  State officials can pursue their bid to keep Penn State's $60 million fine over the Jerry Sandusky scandal in Pennsylvania, a state court has ruled on Wednesday, Sept. 4, 2013 in a setback for the NCAA. (AP Photo/Matt Rourke, File)
FILE - In this Oct. 9, 2012 file photo, former Penn State University assistant football coach Jerry Sandusky, center, is taken from the Centre County Courthouse by Centre County Sheriff Denny Nau, left, and a deputy, after being sentenced in Bellefonte, Pa. State officials can pursue their bid to keep Penn State's $60 million fine over the Jerry Sandusky scandal in Pennsylvania, a state court has ruled on Wednesday, Sept. 4, 2013 in a setback for the NCAA. (AP Photo/Matt Rourke, File)
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(AP) Jerry Sandusky's lawyer and members of the state attorney general's office will be inside a northeastern Pennsylvania courtroom as he seeks to have his child molestation conviction overturned.


The state Superior Court proceeding on Tuesday is being held in Wilkes-Barre as part of the court's effort to give more people a chance to see how it operates.


In court filings, the former Penn State assistant coach has argued his lawyers did not have enough time to prepare and that a prosecutor made an improper reference during the trial to the fact that Sandusky didn't testify on his own behalf.


Sandusky also believes the judge should have issued an instruction to jurors that addressed the length of time it took his victims to report their abuse, which for four of them was more than 11 years.


Prosecutors have said jurors were aware the defense argued the abuse never occurred, and a key component of the defense was an argument that the victims were inventing stories. They said Sandusky's legal team had plenty of time to prepare, and that the prosecutor referred to a TV interview but not to Sandusky's failure to take the stand.


Sandusky, 69, is serving a 30- to 60-year state prison sentence after being convicted last year of 45 counts of child sexual abuse. He is not expected to attend the oral argument session.


Associated Press
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