Disgraced former Penn State football assistant coach Jerry Sandusky appeared virtually in court Tuesday and told a judge he understood his legal team’s decision to seek a new trial in federal court after one of his accusers recanted. The victim’s tainted testimony led to Sandusky’s wrongful conviction for child sexual abuse, according to his attorneys, who believe their client’s best chance at freedom now comes from moving the case from the Pennsylvania system to a U.S. court. But by moving this case to another court, Sandusky’s legal team is waiving its right to litigate in state court by alleging that Victim No. 10, identified in court documents as “RR,” was manipulated into giving misleading testimony. Sandusky, 82, who is serving at least 30 years at Laurel Highland State Correctional Institution, was convicted after several people testified that he sexually abused them when they were children. Sandusky used his name in the community and his nonprofit group, The Second Mile, to meet with victims, prosecutors said. Judge Maureen Skerda, a senior state judge who was appointed to hear the case, asked Sandusky, who appeared by video from prison, if he understood his legal team’s actions, and he confirmed that he did. “I am making this decision on the advice of an attorney,” Sandusky said, according to The Associated Press. Sandusky has been fully informed of his rights and has understood the attorney’s action in withdrawing the claim regarding RR’s recantation, the court hereby “dismisses his state court request for post-conviction relief.” Arthur Hellman, a law professor emeritus at the University of Pittsburgh, said it’s rare for a convict’s attorney to avoid all available remedies in state court. A federal court might not even consider new evidence if the material has not been presented first in state court, said Hellman, whose experience is in federal courts. “It’s certainly extremely unusual,” he said. “Yeah [Sandusky’s legal team] expects to present new evidence in a federal habeas proceeding that was not part of the state court record, he will be in for a very unpleasant surprise.” Sandusky’s appellate attorneys claim that damaging testimony from several alleged victims was later shown to be problematic, particularly that of Victim 10, “RR.” Victim 10 presented “new evidence” on June 30, 2025, saying he had been “approached by state investigators who told me that my role was critical in 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 sexually abused me, despite my lack of clear or certain recollection of such conduct,” according to the recanted witness, Sandusky’s attorneys said. “I was told, both directly and indirectly, that the trauma may have fragmented my memory, and that I could confidently state details that I did not fully remember. I was assured that this was common and even expected,” RR said in a statement. Sandusky’s attorney stated that “RR maintained that his account changed over time as ‘the result of emotional stress, repeated exposure to leading questions, intense investigative pressure and psychological manipulation.'” Outside court, Sandusky’s attorney, Jerry Russo, told reporters that his client’s incarceration is an ongoing “miscarriage of justice.” However, Pennsylvania Attorney General Dave Sunday called Sandusky a “child predator” and dismissed his legal maneuvers. “This was another attempt by a convicted child predator to avoid responsibility 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 a victim and putting on record the voluminous evidence that discredits this highly suspect claim by defense counsel,” he said. Sandusky was found guilty on June 22, 2012, on 45 counts related to sexual abuse and sentenced to 30 to 60 years behind bars. The scandal led Penn State to fire Sandusky’s boss, legendary coach Joe Paterno, citing failure to do so. taken 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 amid Sandusky’s reckoning. But since the scandal and Paterno’s death, his supporters have gained ground in reevaluating his legacy of more than a century of Penn State Football. If you or someone you know has been sexually assaulted, call the National Sexual Assault Hotline at 1-800-656-4673. The hotline, run by the Rape, Abuse and Incest National Network (RAINN), can put you in touch with your local rape crisis center. You can also access RAINN’s online chat service at https://www.rainn.org/get-help.
