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Criminal Law Blog

Criminal Defense Lessons from the Sandusky Affair

Monday, November 21, 2011

The recent actions of Jerry Sandusky, the former assistant coach of Penn State who is currently at the center of a sex crime scandal, provides valuable lessons for persons who have been accused of sex crimes. Last week, Sandusky spoke to NBC's Bob Costas in his first interview after charges of child sex abuse were filed against him. Those charges stem from allegations that he molested young boys at his Second Mile Foundation.

In the interview, Sandusky denies that he is a pedophile, but makes several statements that he could find difficult to deny later. For one, he admits that he frequently took showers with young boys. He also does not deny that he had touched these boys in the leg region, although without any sexual intent. He admits that in hindsight, he can see that he should not have showered with those boys at all.

The problem with the interview is that whatever he said is now part of the case against him. If his criminal defense lawyers were planning to use outright denial that he was ever in any shower with any boys as part of their strategy, that defense now goes out the window.

One of the first pieces of advice that San Diego criminal Defense attorneys would give any public figure accused of sex crimes is - be silent. Any public statement that a defendant makes can find its way to court in the form of testimony against the defendant.

What Sandusky could have done was release a public statement proclaiming his innocence, instead of exposing himself to the media. Very little good can come out of offering yourself up for public consumption in this manner. It's likely that the beleaguered former coach felt under pressure to have his say, but it is not a course of action that any San Diego criminal defense lawyer would advise any person facing serious criminal charges.