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Sandusky waives right to preliminary hearing

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Jerry Sandusky arrives at a preliminary court hearing to determine whether there is enough evidence for the case against him to go to trial. (Source: CNN) Jerry Sandusky arrives at a preliminary court hearing to determine whether there is enough evidence for the case against him to go to trial. (Source: CNN)
A courtroom sketch shows Sandusky sitting before the judge. (Source: CNN) A courtroom sketch shows Sandusky sitting before the judge. (Source: CNN)
Defense attorney Joe Amendola addresses reporters outside the courthouse after Sandusky waived his right to a preliminary trial. (Source: CNN) Defense attorney Joe Amendola addresses reporters outside the courthouse after Sandusky waived his right to a preliminary trial. (Source: CNN)
Philadelphia Senior Deputy Attorney General E. Marc Costanzo speaks to the media following Jerry Sandusky's court appearance Tuesday. Philadelphia Senior Deputy Attorney General E. Marc Costanzo speaks to the media following Jerry Sandusky's court appearance Tuesday.

BELLEFONTE, PA (RNN) - In an unexpected last-minute move, former Penn State football coach Jerry Sandusky chose to waive a preliminary hearing Tuesday and let the sex abuse case against him go straight to court.

After the hearing, Sandusky spoke briefly, saying he and his team intended to "stay the course and fight for four quarters. We'll wait for the opportunity to present our side."

Sandusky's defense attorney, Joe Amendola, told reporters outside the courthouse that a key factor in the decision to waive the hearing was that the defense would not get to cross-examine the witnesses.

"Credibility is going to be the main factor in this case," Amendola said. "Credibility is a situation that we could address at trial."

Amendola wanted to cross-examine Mike McQuery in particular, another Penn State assistant coach who testified to the grand jury that he saw Sandusky raping a 10-year-old boy in a shower at the PSU football facility in 2002. McQueary was under subpoena to appear at today's hearing.

Amendola told reporters that McQuery's story "makes absolutely no sense," and disputed claims in an email that McQueary allegedly sent friends saying that he called the police after breaking up the assault. Amendola said there was no evidence that the police ever received such a call.

According to Amendola, Sandusky decided not to proceed with the hearing after a discussion with the prosecution Monday night.

"It has nothing to do with cowardice or gamesmanship," Amendola said.

The defense attorney also hinted that victims may have come forward in hopes of monetary gain rather than because of any sexual abuse by Sandusky.

Ben Andreozzi, counsel for the first witness who was scheduled to testify Tuesday, read a statement from the man, who called the Sandusky case mentally and physically "unbearable."

"I can't believe they put us through this until the last second, only to waive the hearing," wrote the anonymously named "Victim Number Four."

The hearing was set to determine whether the case against the former Penn State assistant coach was strong enough to go to trial. He is being charged with more than 50 criminal counts related to the alleged molestation and sexual abuse of 10 boys.

According to a representative for the prosecution, 11 witnesses were set to testify today.

Sandusky waived his right to a preliminary hearing shortly after the trial was convened just after 8:30 a.m. ET. He told reporters outside the courthouse that he was looking forward to facing his accusers and "getting the truth out."

"We couldn't do that today," Amendola said.

Prosecutor Marc Costanzo told reporters that there has been no discussion of a plea bargain.

"We're ready for anything, we're ready to proceed," Costanzo said.

The story broke last month with an explosive grand jury report in which witnesses accused Sandusky of showering with them, touching them inappropriately and sexually assaulting them during sleepovers at his home and on Penn State football road trips.

The scandal brought down legendary PSU head football coach Joe Paterno, as well as the university's president, athletic director and an administrator who oversaw the university police.

Sandusky has also waived his arraignment, which was scheduled for Jan. 11, 2012.

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