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What are the odds: Should Sandusky testify?

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If you were defending Mr. Sandusky would you have him testify in his own defense? That is a question which should be answered within the next 48 hours. Below is an item from Harrisburg TV-21 covering some of the factors which go into deciding whether or not a defendant should testify in his or her own defense in a criminal case.

Annie McCormick Email: anniemccormick@cbs21.com
Print Story Published: 6/18 9:48 pm Share Updated: 6/18 11:19 pm

Earlier today a jury acquitted former major league star Roger Clemens. He follows a long list of defendants who did not take the stand.

John Edwards, Martha Stewart, O.J. Simpson on his murder charge and Michael Jackson in his trial for child molestation charges, in every case a jury found them not guilty. Not one of them took the stand.

Here in Pennsylvania, Former State Representative Bill Deweese did take the stand and he got 30-60 months in prison.

So, could this be coincidence or a pattern?

President Elect of the Pennsylvania Trial Lawyers Association Scott Cooper says it depends on several factors.

Scott Cooper: “What’s the risk versus the reward? Anytime you put the defendant up there, he’s open to cross-examination.”

In the trial of public opinion Sandusky has already been cross examined, by Bob Costas and the New York Times. Many agree he didn’t do well.

Jerry Sandusky’s name remains on the witness list. It could come down to Joe Amendola’s gut and whether he feels like he is winning or losing.

Cooper: “As long as you create reasonable doubt in one jurors mind, there’s absolutely no need for your client to take the stand.”

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