Florida Criminal Attorney Blog

I can't believe what I have heard. In an interview with Bob Costas, Jerry Sandusky admitted to showering with children and "horsing around" with them. When asked out right if he found children sexually attractive, Sandusky provided a delayed response instead of an unequivocal "no."

Any normal person falsely accused of a child sex offense would respond with an immediate and and unequivocal answer in the negative.

Even more surprising were the moronic statements made by his lawyer, Joe Amendola, who described Sandusky as a big kid and a jock, stating that "Showering with kids does not make him guilty."

As a criminal defense lawyer, all I did was cringe as I listened to these moronic interviews.

In the world of criminal defense, making statements like these at this stage of the case is akin to a wide receiver intercepting a pass and running the wrong way down the field... on purpose.

It was major folly to reveal their strategic position because there is no way to know what prosecutors can prove and cannot prove this early on in the case.

Continue reading "Jerry Sandusky's Defense is Moronic" »

This is the third and final segment on our series concerning the arrest of Jerry Sandusky for child sex abuse charges. Specifically, this series was intended to address the rapid conclusion so many have drawn about whether or not he is guilty.

As a criminal defense attorney, my role is not to judge guilt or innocence. But as a criminal justice attorney, I am interested in understanding why and how people make the decisions they do when reading about criminal conduct in the media.

In this final segment, I will discuss how criminal defense lawyers can best represent Jerry Sandusky in the ensuing legal battle that he must engage in. Guilty, innocent, or otherwise, Jerry Sandusky has the right to counsel and he has no choice but to invest all he can in his freedom.

This section will address those issues.

For good reason, criminal cases are not litigated in the media or in the public eye. Rather, they are litigated in courtrooms where allegations must be proven using verified evidence (such as forensic evidence and eye witness testimony) and not hearsay, speculation, or other evidence that either waivers or vacillates in its meaning.

Jerry Sandusky needs to hire the best legal team possible. At this stage, he needs to invest everything he has in keeping himself out of prison.

Preserving his wealth or his retirement is not an option at this point. If his case is not handled correctly, he will have no chance at a free life.

Continue reading "Part 3: Why Americans Think Jerry Sandusky is Guilty (Penn State Sex Abuse Scandal)" »

As is already well known, Jerry Sandusky was arrested for child sex abuse charges. In Part 1 of this series, I shared my impressions as a criminal defense lawyer in response to the overwhelming belief that most people have concerning Jerry Sandusky's guilt in this matter.

In this section, I will discuss how we, as people, draw such conclusions in one case, but not in another. I think it is an interesting subject and certainly is one of great importance to anyone involved in the criminal justice system.

Basically, a person will ask two fundamental questions before they make a decision. First, is the claim plausible? Second, can the claim be verified?

In between these two points lies a distance of leeway. The amount of leeway afforded will vary from instance to instance. A person's tolerance for leeway will also vary depending on the nature of the claim and the magnitude of it is scope.

The more improbable a claim is, the less leeway afforded and the more verification required.

Continue reading "Part 2: Why Americans Think Jerry Sandusky is Guilty (Penn State Sex Abuse Scandal)" »

Jerry Sandusky was recently arrested, as many of you already know, for alleged child sex abuse. To make matters worse, two Penn State school administrators are also charged with covering up a report of child sexual assault that was allegedly witnessed in the showers. Since his arrest, Sandusky has been released from jail on a $100,000 bail bond.

For those who do not follow college football, Jerry Sandusky is the former defensive coach for Penn State. In fact, he was so well regarded that many touted him as the eventual successor of Joe Paterno, Penn State's head coach.

But Joe Paterno doesn't have clean hands in this scandal either. News media is reporting that he was made aware of the sexual assault in the showers too. He may have reported it to school officials, but it appears from the news that he failed to report it to police.

Penn State's athletic director, Tim Curley, 57, and vice president for finance and business Gary Schultz, 62, were charged with perjury.

At the present time, Sandusky is facing seven counts of involuntary deviate sexual intercourse, eight counts of corruption of minors, eight counts of endangering the welfare of a child and seven counts of indecent assault.

From my perspective as a criminal defense lawyer, I believe this case has all the makings of a presumed guilty child sex case. Meaning, most normal people who hear the allegations will immediately presume Sandusky is guilty without ever reviewing a single shred of evidence.

Continue reading "Why Americans Think Jerry Sandusky is Guilty (Penn State Sex Abuse Scandal)" »

Michael Anthony Torres was arrested in Fort Lauderdale, Florida for Possession of Child Pornography. He is presently being held on $75,000 bail bond.

According to news reports, Michael Anthony Torres is accused of sharing child pornography on an online file sharing network. Based on my experience as a criminal defense lawyer, I can tell you that prosecutors will likely begin plea negotiations in the area of 10 years.

From there, it is up to Michael Torres' criminal defense attorney to work on the case and find grounds that would justify either a reduced plea agreement, a change of charge, dropping of charges, or trial.

Regardless, this type of possession of child pornography case is extremely common, and frankly, I find it shocking that people still use these online networks, knowing that they could get into a lot of trouble.

Continue reading "Michael Anthony Torres Arrested in Fort Lauderdale, Florida for Child Pornography" »