The prosecution in the Jerry Sandusky criminal case has accused the defense of failing to comply with the Judge’s order relating to subpoenas. The Judge designed his order to keep the identities of Mr. Sandusky’s victims confidential, and the prosecution alleges that the defense is using the subpoenas to get around the gag order, revealing the names of the victims.
Assuming the best case scenario if the allegations are true, this may represent a situation where the defense simply did not exercise the necessary caution to comply with the Judge’s order through the entire subpoena. Small things like failing to exercise the necessary caution when drafting a subpoena can have lasting consequences in a trial. It will require more work, as Mr. Sandusky’s attorney is finding out, responding to the prosecution’s motion, it demonstrates a lack of concern for the court’s order, and may even create a negative impression about the attorney in the eyes of the potential jury pool.