Defense lawyer Karl Rominger said that the counts of indecent assault from the man known as Victim 2, whom assistant coach Mike McQueary allegedly saw in the shower with Sandusky, should be dismissed because McQueary did not actually see a sexual act taking place, and there was no direct evidence that a sexual act occurred. The victim in that alleged assault has never been identified.
Cleland sided with the prosecution, however, saying that the jury could decide if McQueary's account was strong enough to prove a crime was committed.
The defense also asked for the counts stemming from Victim 6 to be dismissed on the grounds that the man testified he "blacked out" and did not remember parts of a shower with Sandusky, and therefore could not credibly allege that a crime was committed. Cleland said again that the jury should decide.
The prosecution, however, did withdraw one of the 52 charges against Sandusky, a third degree felony of unlawful contact with a minor.
But Sandusky's star witness in his defense is likely to be his wife Dottie. Amendola, who suggested in opening arguments that Sandusky might take the stand to defend himself, will likely ask Dottie Sandusky to take the stand to testify she never suspected her husband of doing anything improper with the young boys he mentored.