In a surprising move, former assistant Penn State assistant football coach Jerry Sandusky waived his right to a preliminary hearing Tuesday morning. When Sandusky told the court he was waiving his right, gasps and chatter could be heard in the courtroom, and Judge Robert Scott admonished the crowd for the outburst.
After court, Sandusky told reporters, “We’d like the opportunity to present our side.” His attorney Joe Amendola added, “And we couldn’t do that today.” Amendola also said that they didn't think anything new would come from the preliminary hearing so they decided to move on with preparing for the defense strategy at trial. "A trial we'll establish his innocence," said Amendola.
"We're ready to defend. We've always been ready to defend," he said. "Today's waiver has nothing to do with conceding anything. There have been no plea negotiations. There will be no plea negotiations. This is a fight to the death. This is the fight of Jerry Sandusky's life."
Sandusky is facing 52 charges of child rape and molestation stemming from accusations from 10 alleged victims. His decision to waive the hearing means his case will go to trial. Sandusky also entered a not guilty plea Tuesday and waived a formal arraignment hearing, which means the hearing on January 11 that was scheduled earlier in the morning will not be held.
Amendola tells CNN he expect prosecutors to being turning over discovery materials in the next four to six weeks. These would include investigators' materials dating back to the alleged 1998 incident as well as the alleged victims' statements, CNN's Susan Candiotti reports.
Watch: Sandusky says 'we'll stay the course'
Sandusky’s decision to waive his right has led to speculation that a plea bargain is the works. However, Senior Deputy Attorney General E. Marc Costanzo says no plea deal is being brokered right now.
Sandusky’s bail restrictions will remain the same so he will continue to be on house arrest until the trial.
UPDATE: Amendola says one reason that the preliminary hearing was waived is because prosecutors agreed to not increase bail.
Read HLNTV.com's Live Blog:
[10:14 a.m. ET] Sandusky waived the January 11 hearing; will not appear in court.
[9:52 a.m. ET] Amendola says this is the game of Sandusky's life.
[9:50 a.m. ET] Amendola says, Mike McQueary’s credibility has been put into question, because different stories have emerged about what happened in the shower with the little boy.
[9:48 a.m. ET] Amendola says, "A trial we'll establish his innocence."
[9:43 a.m. ET] Joseph Amendola, Sandusky's attorney: "If he's innocent, and he says he is, then he's the one who's being victimized."
[9:32 a.m. ET] Sandusky's attorney Joe Amendola says that they didn't think anything new would come from the preliminary hearing so they decided to move on with preparing for the defense strategy at trial.
[9:01 a.m. ET] After waiving his right to the hearing Jerry Sandusky told reporters, “We’d like the opportunity to present our side.” His attorney Joe Amendola added, “And we couldn’t do that today.”
[8:57 a.m. ET] Sandusky's arraignment hearing is set for January 11.
[8:53 a.m. ET] Tweet from @sganim: #sandusky said he intends to fight but today wasn't the right day
[8:49 a.m. ET] Tweet from @DiDimond: @VinniePolitan Not so sure this is smart. Now #sandusky's lawyer won't see ahead of time how good/bad these witnesses against him are!
[8:45 a.m. ET] Victim #1's attorney says his client was ready to testify.
[8:42 a.m. ET] Prosecutor says there has been no discussion of a plea bargain for Sandusky.
[8:33 a.m. ET] Sandusky waiving his right to a preliminary hearing means that he will go to trial. The court erupted in chatter and laughter, and the Judge admonished the room for the outburst. The judge has not set a trial date. The preliminary hearing is over, and Sandusky has already left court.
[8:32 a.m. ET] Sandusky just waived his right to a preliminary hearing.
[8:18 a.m. ET] Tweet from @VinniePolitan: Attorneys in the courtroom in PA for #Sandusky preliminary hearing. State must show probable cause for each charge
[8:00 a.m. ET] Tweet from @sganim :#sandusky is in the courtroom with (attorney Joe) Amendola
[7:53 a.m. ET] Sandusky has entered the courthouse through the rear door under heavy police protection, and officers on the roof.
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