Prosecutors used a version of that interview during this month's trial. However, the version they used had an edited repetition of the question and answer that some might interpret as Sandusky being evasive. The prosecution asked for a mistrial after the edited version was used as evidence. The judge denied the mistrial request and instead provided the jury a transcript of the actual NBC interview. The question now -- is this enough to grant Sandusky a new trial?
"The trial is a defendant's best chance to prove his innocence or be found not guilty. Every step you take beyond that is harder and harder to win," said Attorney Jeffrey Yelen. Speaking from his Wilkes-Barre offices, Atty. Yelen says the defense may consider a number of specific challenges to the trial hoping to win appeal but it won't be easy. "It doesn't mean that the judge, or on appeal, the appellate court can't agree with him and say his trial wasn't fair, we need a new trial. But every step of the way is going to get harder and harder."
The erroneous, edited version of the Bob Costas interview that the prosecution used aired on NBC's "Today Show" but not on "Rock Center With Brian Williams".