Disgraced former Penn State assistant football coach Jerry Sandusky appeared virtually in court Tuesday and told a judge he understood his legal team’s move to seek a new trial in federal court after one of his accusers recanted.
Tainted victim testimony led to Sandusky’s wrongful conviction for child sexual abuse, according to his lawyers, who believe their client’s best chances for freedom now come from moving the case from the Pennsylvania system to a U.S. courthouse.
But in moving this case to another court, Sandusky’s legal team surrenders its right to litigate in state court claims that Victim No. 10, identified in court papers as “R.R.,” was manipulated to give misleading testimony.
Sandusky, 82, who is serving at least 30 years at State Correctional Institution Laurel Highland, was convicted after multiple people testified that he sexually abused them when they were boys. Sandusky used his name in the community and his nonprofit group, The Second Mile, to meet victims, prosecutors have said.
Judge Maureen Skerda, a state senior judge who was appointed to hear the case, asked Sandusky, who appeared by video feed from prison, whether he understood his legal team’s actions, and he confirmed that he did.
“I’m making this decision on advice of counsel,” Sandusky said, according to The Associated Press.
Skerda later ruled that “being satisfied that Mr. Sandusky has been fully informed of his rights and understood Counsel’s action in withdrawing the claim concerning R.R.’s recantation, the Court hereby” dismisses his state court bid for post-conviction relief.
Arthur Hellman, an emeritus law professor at the University of Pittsburgh, said it’s rare for a convict’s attorney to bypass all available state court remedies.
A federal court might not even consider new evidence if the material has not been first presented in state court, said Hellman, whose expertise is in federal courts.
“It’s certainly extremely unusual,” he said. “If [Sandusky’s legal team] expects to present new evidence in a federal habeas proceeding that was not part of the state court record, he’s in for a very unpleasant surprise.”
Sandusky’s appellate attorneys claim that damaging testimony from several alleged victims has subsequently been shown to be problematic, particularly that of Victim 10, “R.R.”
Victim 10 came forward with “new evidence” on June 30, 2025, saying he had been “approached by state investigators who told me that my role was critical to stopping a predator,” according to Sandusky’s defense team.
Prosecutors told Victim 10 that “other alleged victims were reluctant to come forward and repeatedly encouraged me to believe that Mr. Sandusky had molested me—despite my lack of clear or certain memory of any such conduct,” according to the recanting witness, Sandusky’s lawyers have said.
“I was told — both directly and indirectly — that trauma may have fragmented my memory, and that I could safely affirm details I did not fully recall. I was assured this was common and even expected,” R.R. said in a statement.
Sandusky’s attorney claimed that “R.R. maintained that his account changed over time as ‘the result of emotional strain, repeated exposure to leading questions, intense investigative pressure and psychological manipulation.’ ”
Outside court, Sandusky lawyer Jerry Russo told reporters that his client’s incarceration is an ongoing “miscarriage of justice.”
Pennsylvania Attorney General Dave Sunday, though, called Sandusky a “child predator” and dismissed his legal maneuvers.
“This was yet another attempt by a convicted child predator to avoid accountability and escape punishment for years of abuse he perpetrated under the veil of a child-empowerment program,” Sunday said in a statement Tuesday afternoon.
“I commend our litigation team for challenging this alleged recantation by one victim, and putting on record the voluminous evidence that debunks this highly-suspect claim by defense counsel,” he said.
Sandusky was convicted on June 22, 2012, on 45 sex abuse-related counts and sentenced to 30 to 60 years behind bars.
The scandal led Penn State to fire Sandusky’s boss, legendary coach Joe Paterno, alleging failure to take appropriate action against Sandusky, his longtime defensive coordinator.
A statue of Paterno, who led the Nittany Lions to a 409-136-3 record in 46 seasons, was removed from the football stadium in the midst of the Sandusky reckoning.
But since the scandal and Paterno’s death, his supporters have gained traction in re-evaluating his legacy.
The university recently opened the “Paterno Family Football Experience Room” in Beaver Stadium, calling it a “permanent museum experience celebrating more than a century of Penn State Football history.”
If you or someone you know has been sexually assaulted, call the National Sexual Assault Telephone Hotline at 1-800-656-4673. The hotline, run by the Rape, Abuse, & Incest National Network (RAINN), can put you in contact with your local rape crisis center. You can also access RAINN’s online chat service at https://www.rainn.org/get-help.
