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Paterno’s Grand Jury Testimony Is Inadmissible at Trial.

Posted By Cliff Tuttle | January 26, 2012

No. 800

This is the 800th Post on Pittsburgh Legal Backtalk.  Thanks for reading.

Joe Paterno’s testimony before the grand jury corroborated Mike McQueary’s testimony that he reported activity of a sexual nature and not just horseplay.  Paterno would have been an important prosecution witness in the trials of former PSU Athletic Director Tim Curley and former Senior Vice President Gary Schultz. These two defendants will assert that they were not informed of the full extent of what happened by McCreary.

While there is a transcript of Paterno’s testimony, because there was no opportunity to cross-examine in a grand jury proceeding, admission of the transcript would violate the Sixth Amendment to the United States Constitution.  So says ALM’s Legal Blogwatch.

CLT

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Comments

2 Responses to “Paterno’s Grand Jury Testimony Is Inadmissible at Trial.”

  1. Morning News Docket « Third Chair: Pittsburgh
    January 27th, 2012 @ 11:17 am

    [...] Speaking of evidentiary issues in ongoing child abuse cases, Joe Paterno’s grand jury testimony is inadmissible in the ongoing Jerry Sandusky case because he cannot be cross-examined by defense.  [Legal Backtalk] [...]

  2. Morning News Docket « Third Chair: Pittsburgh
    February 14th, 2012 @ 10:50 am

    [...] deceased, and there isn’t enough other evidence. [Patriot]  Well, Pittsburgh Legal Backtalk called that [...]

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 40 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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