An attorney representing a boy who accused former Pennsylvania State University football coach Jerry Sandusky of sexual abuse said his client and other alleged victims planned to testify at a hearing in two weeks, marking the first time they would publicly confront Mr. Sandusky.
Michael Boni, an attorney in Bala Cynwyd, Pa., said Tuesday his teenage client, who made his initial allegation to youth-services officials in 2008, planned to appear at a Dec. 13 preliminary hearing for Mr. Sandusky in Centre County Court. However, Mr. Sandusky could waive his right to the open hearing.
Mr. Boni’s client is known as Victim 1 in a grand-jury report issued by the Pennsylvania attorney general earlier this month. The attorney general charged Mr. Sandusky with 40 criminal counts related to alleged abuse of eight boys over a 15-year period, after meeting them through a charity he founded called the Second Mile. Mr. Sandusky has said he is innocent of all charges.
Until recently, the boy attended Central Mountain High School in Mill Hall, Pa., but he transferred to another school after being bullied, according to people familiar with the situation. The school has declined to comment because of the criminal case.
Mr. Boni said he and Philadelphia attorney Slade McLaughlin were hired last week to represent the boy and his mother. The lawyers plan to file civil litigation, Mr. McLaughlin said, but not until the criminal case is concluded. Mr. Boni named Mr. Sandusky, the Second Mile charity, Penn State and “a number of individuals” as potential defendants.
“They’re certainly within our crosshairs,” Mr. Boni said. Mr. Boni said he did not anticipate that there would be an impediment to suing Penn State because it is a public university. He noted that Penn State has an independent board of trustees and is not an arm of the state the way other schools are. “There’s Pennsylvania appellate case law that has found that Penn State is not entitled to sovereign immunity,” he said.
A Penn State spokesman couldn’t immediately be reached for comment Tuesday.
A Second Mile spokesman declined to comment on potential civil lawsuits. The charity added that it was focused on cooperating with law enforcement and saving its programs. “Our thoughts and prayers are with the victims and the families,” it said.
Mr. Boni said the media glare surrounding the case has taken an emotional toll on the boy and his mother, and that recent remarks by Mr. Sandusky’s lawyer, Joseph Amendola of State College, Pa., added to this burden.
In recent media interviews, Mr. Amendola said that he believed that Victim 1 made up the allegations against Mr. Sandusky, and that he has evidence to refute other alleged victims’ claims in the grand-jury report.
“The statements issued by Mr. Sandusky and his attorney have caused tremendous emotional hardship to both of my clients. They have been devastated by these accusations and hurtful remarks,” Mr. Boni said.
Mr. Amendola didn’t return a call requesting comment on his remarks or a possible civil case.
Separately, on Monday, Second Mile said it was now asking its donors to direct contributions to the Pennsylvania Coalition Against Rape, a group that works to eliminate sexual violence.
Second Mile said it was continuing to review three options—continuing to operate, transferring programs to another nonprofit, or closing altogether—but that its December programs would continue.
“Effective immediately, we ask that you join us in this commitment to sexual-abuse survivors by sending your donations to PCAR to support sexual-abuse prevention, as well as the counseling needs of sexual-abuse victims,” the charity wrote.
“The events reported over the past few weeks have saddened and horrified us; we are determined to do all we can to help the survivors with the healing process,” the group wrote.
Second Mile also is seeking to dismiss a lawsuit that asked a judge to prevent it from transferring any financial assets. Last week, lawyers who said they represent one of the alleged victims filed a suit in the Court of Common Pleas in Philadelphia seeking an injunction, because alleged victims of abuse might seek monetary damages from the nonprofit.
“The statements issued by Mr. Sandusky and his attorney have caused tremendous emotional hardship to both of my clients. They have been devastated by these accusations and hurtful remarks,” Mr. Boni said.
Mr. Amendola didn’t return a call requesting comment on his remarks or a possible civil case.
Separately, on Monday, Second Mile said it was now asking its donors to direct contributions to the Pennsylvania Coalition Against Rape, a group that works to eliminate sexual violence.
Second Mile said it was continuing to review three options—continuing to operate, transferring programs to another nonprofit, or closing altogether—but that its December programs would continue.
“Effective immediately, we ask that you join us in this commitment to sexual-abuse survivors by sending your donations to PCAR to support sexual-abuse prevention, as well as the counseling needs of sexual-abuse victims,” the charity wrote.
“The events reported over the past few weeks have saddened and horrified us; we are determined to do all we can to help the survivors with the healing process,” the group wrote.
Second Mile also is seeking to dismiss a lawsuit that asked a judge to prevent it from transferring any financial assets. Last week, lawyers who said they represent one of the alleged victims filed a suit in the Court of Common Pleas in Philadelphia seeking an injunction, because alleged victims of abuse might seek monetary damages from the nonprofit.
Attorneys for Second Mile have argued that the plaintiffs’ complaint should be denied on numerous grounds, including that there has yet to be a lawsuit brought seeking damages, that there are no facts supporting allegations that the charity is “dissipating” its assets, and that the suit was brought in the wrong jurisdiction.
Moreover, Second Mile’s attorneys argued that the plaintiffs had failed to show any “immediate or irreparable harm,” because there is no evidence that the charity is transferring its assets.
The plaintiffs lawyers didn’t return calls seeking comment on Tuesday.
Former Penn State Coach Could Face Alleged Victims at Dec. 13 Open Hearing
Wall Street Journal
November 30, 2011
By KRIS MAHER
Write to Kris Maher at [email protected]
