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The jurors in the sexual abuse trial began their deliberations Thursday after hearing vastly different portrayals of the former Penn State assistant football coach. Jerry Sandusky's attorney told jurors there was "not one piece of physical evidence," while prosecutors asked that Sandusky receive "the justice he really deserves." NBC News' Michael Isikoff reports from Bellefonte, Pa.
By M. Alex Johnson, msnbc.com, and Kimberly Kaplan, NBC News
Updated at 9:24 p.m. ET: Jurors in the child sexual abuse trial of former Penn State University assistant football coach Jerry Sandusky deliberated for more than seven hours Thursday without reaching a verdict.
Kimberly Kaplan of NBC News reported from Bellefonte, Pa. M. Alex Johnson is a reporter for msnbc.com. Follow M. Alex Johnson on Twitter and Facebook.Deliberations were scheduled to resume at 9 a.m. ET Friday in Centre County Court in Bellefonte, Pa., where Sandusky is charged with 48 counts alleging that he abused 10 boys over 15 years. Three other counts were dropped early Thursday.
Judge John Cleland said the jurors had asked to rehear the testimony of two key prosecution witnesses: former Penn State assistant coach Michael McQueary, who testified that he overheard Sandusky having sex with a young boy in a football locker room shower, and Jonathan Dranov, a family friend who testified that McQueary told him about incident. Those arrangements were to be worked out Friday morning.
The jury began its deliberations about 1:30 p.m. ET and worked straight through the afternoon and early evening, for nearly 7? hours, following closing arguments in which they heard two starkly different descriptions of the case against Sandusky.
The prosecution and the defense clashed over defense attorney Joseph Amendola's suggestion that the entire case was a conspiracy among police, prosecutors and the alleged victims and their lawyers, in hopes of a big payday in future civil trials.
"The system" prejudged Sandusky and "set out to convict him" even though the case against him makes no sense, Amendola said.
But Deputy Pennsylvania Attorney General Joseph McGettigan, the lead prosecutor, argued that it defied common sense to believe the police and court systems would have conspired to bring down a figure as beloved in the community as Sandusky, the former longtime defensive coordinator for Penn State's nationally famous football team and founder of the Second Mile charity for troubled children.
"What would we gain?" he asked.
Sandusky, 68, was charged in two grand jury indictments that accused him of having used his connection to one of the nation's premier college football programs to "groom" the 10 boys for sexual relationships.
Eight of the 10 alleged victims testified during the trial. Another whom the jury never heard from was Sandusky's adopted son Matt, whose lawyers said Thursday afternoon ? after deliberations had begun ? that he, too, had been abused by Sandusky.
Sources told NBC News that Matt Sandusky's potential rebuttal testimony was why Sandusky chose not to testify in his own defense.?(NBC News and msnbc.com generally do not identify victims of sexual assaults, but Sandusky chose to identify himself in a public statement released through his attorneys.)
Sources: Adopted son as possible witness helped keep Sandusky silent
Legal analysis: Sandusky's attorney hits home run in closing argument
"No one wins in this case. This is awful no matter what happens," Amendola said during the closing defense argument. "If Jerry Sandusky did this ? if he did this ? he should rot in jail. Bless his heart, that's my feeling.
"But what if he didn't do this? His life is destroyed."
Amendola repeated the phrases "it doesn't make sense" and "does that make sense?" like mantras throughout his 75-minute closing statement, highlighting what he said were inconsistencies and logical impossibilities in the evidence against Sandusky.
"All these alleged charges only go back to the mid-'90s, so out of the blue, after all these years, when Mr. Sandusky is in his mid-50s, Mr. Sandusky decides to become a pedophile? Does that make sense to anybody? Does that make sense?"
Amendola accused the eight men who testified that Sandusky had abused them as children of seeking to cash in on eventual civil trials against his client.
"We can understand these kids now want to be compensated ? the lawyers want to make all these dollars ? but it still doesn't mean Mr. Sandusky did this," he said.
Amendola also accused investigators of having coached the alleged victims to say what they wanted to hear because they had already decided to ignore possible evidence that Sandusky was innocent.
Ghosts of Sandusky's dreams haunt home where charity was born
Full coverage of the Jerry Sandusky trial
Legal analysis by Wes Oliver
"The system decided Mr. Sandusky was guilty, and the system set out to convict him," he said, focusing on the testimony of two state investigators whose testimony appeared to be contradictory.
But McGettigan contended that the holes the defense poked in the case were, in fact, proof that there was no collusion.
"Everybody would have had to have been on the same page. Not so," he said.
McGettigan said it was easy for the defense to claim a conspiracy when "you don't name them. You just say 'the system.'"
But he said "the system" is made up of real people, in this case dozens of them who all wopuld have had to be in collusion for the last 15 years: the 10 alleged victims, the 24 grand jurors, the investigators, the arresting officers, corroborating witnesses like Sandusky's former colleague Michael McQueary, social services professionals, and McGettigan and his co-prosecutors themselves.
"If you conclude there's a conspiracy, someone bring handcuffs in for me and ... anyone else involved," McGettigan said, before concluding:
"What you should do is come out and say to the defendant that he molested, abused and assaulted (the alleged victims). He knows he did it, and you know he did it.
"Give him the justice he really deserves. Find him guilty of everything.
Three more charges dismissed
Sandusky originally was charged with 52 counts, but Cleland, who had previously dismissed one of them, threw out three more Thursday morning.
Two were charges alleging involuntary deviate sexual intercourse with one of the 10 alleged victims, which Cleland said the evidence didn't support. Had the jury convicted Sandusky on those two counts, Cleland said, he would have been required to set the convictions aside.
The third count was a duplicate of another count, he ruled.
Sandusky made no comment as he arrived at court Thursday morning with his wife, Dottie, who testified Tuesday that she never heard or saw her husband engage in any inappropriate behavior with children during their 45 years of marriage.
Sandusky had been widely expected to testify Wednesday before his lawyers abruptly rested their case after a lengthy conference in the judge's chambers.
A source close to Sandusky said "there was no one factor that led to the decision," but NBC News reported Thursday that Sandusky decided not to testify after his lawyers were warned that prosecutors would call his adopted son, Matt, as a rebuttal witness if he did so. The sources, speaking on condition of anonymity, told NBC News that Matt Sandusky was prepared to deliver damaging testimony about his father.
NBC's Savannah Guthrie discusses why the prosecution didn't call Jerry Sandusky's adopted son as a witness if he was able to provide damaging evidence.
In his final instructions, Cleland told jurors that they had great leeway in determining whether Sandusky's alleged behavior, while possibly troubling, may not have been criminal.
For example, he said, "it's not necessarily a crime for a man to take a shower with a boy. It's not necessarily a crime for a man to wash a boy's hair or lather his back or shoulders or to engage in back rubbing."
The bottom line was Sandusky's intent, "not the child's reaction," he told the jurors, who heard eight of the 10 alleged victims testify that they were traumatized by Sandusky's alleged advances.
In other words, "you must distinguish a display of innocent affection from lust," Cleland instructed.
More content from msnbc.com and NBC News:
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The?Equipment Leasing & Finance Foundation?(the Foundation) releases the June 2012?Monthly Confidence Index for the Equipment Finance Industry?(MCI-EFI) today. Designed to collect leadership data, the index reports a qualitative assessment of both the prevailing business conditions and expectations for the future as reported by key executives from the $628 billion equipment finance sector. Overall, confidence in the equipment finance market is 48.5, down from the May index of 59.2, reflecting growing concern over the European debt crisis,?U.S.?unemployment, and regulatory and political uncertainty.
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When asked about the outlook for the future, MCI survey respondent?Harry Kaplun, President, Frost Equipment Leasing and Finance, offered comments shared by others responding to the MCI survey,??Uncertainty is becoming more pronounced in the economy.? International economic problems,?U.S.?unemployment, and potential political changes all contribute to a hesitancy to make major capital expenditures.?
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June 2012 Survey Results:
The overall MCI-EFI is 48.5, down from the May index of 59.2.
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June 2012 MCI Survey Comments from Industry Executive Leadership:
Depending on the market segment they represent, executives have differing points of view on the current and future outlook for the industry.
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Independent, Micro Ticket
?The Equipment Leasing & Finance industry is doing well.? However, the macroeconomic climate is unsettled which is muting our industry?s growth.??Paul Menzel, President and CEO, Financial Pacific Leasing, LLC
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Independent, Small Ticket
?[We?re] concerned about what impact Europe?s problems and their banks may have on the?U.S.economy.??William H. Besgen, President and COO, Hitachi Capital America Corp.
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Bank, Middle Ticket
?The future of the industry is good even with the changes on the horizon.? The next few months will be challenging due to the political and global economic conditions.??Elaine Temple, President, Bancorpsouth Equipment Finance
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Independent, Large Ticket
?[It is] still to be determined.? JP Morgan did us no favors.? Europe [is] still choked with debt [which] will have a major impact on the?U.S.? The fast approaching budget/year end crisis for the?U.S.?will be last year all over again. ?Regardless of who is in the White House, the problem will not be dealt with.?Anonymous?????????
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Why an MCI-EFI?
Confidence in the?U.S.?economy and the capital markets is a critical driver to the equipment finance industry. Throughout history, when confidence increases, consumers and businesses are more apt to acquire more consumer goods, equipment and durables, and invest at prevailing prices. When confidence decreases, spending and risk-taking tend to fall. Investors are said to be confident when the news about the future is good and stock prices are rising.
Who participates in the MCI-EFI?
The respondents are comprised of a wide cross section of industry executives, including large-ticket, middle-market and small-ticket banks, independents and captive equipment finance companies. The MCI-EFI uses the same pool of 50 organization leaders to respond monthly to ensure the survey?s integrity. Since the same organizations provide the data from month to month, the results constitute a consistent barometer of the industry?s confidence.
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How is the MCI-EFI designed?
The survey consists of seven questions and an area for comments, asking the respondents? opinions about the following:
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How may I access the MCI-EFI?
Survey results are posted on the Foundation website,?http://www.leasefoundation.org/IndRsrcs/MCI/, included in the?Foundation Forecast newsletter?and included in press releases. Survey respondent demographics and additional information about the MCI are also available at the link above.
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Regardless of the fact that having a tricked-out "private screening room" is officially a growing trend among the wealthy and famous, having an old-school place to put on plays?complete with a stage, lights, and speakers?is incomparably better. Imagine seeing your name in lights?at your own home! Getting post-performance flowers and accolades?and then raiding your own fridge! Luckily for a budding thespian who has $10M to spend, dreams of stardom can become a reality thanks to a newly listed Manhattan apartment with an honest-to-goodness 299-person theater. Curbed NY, who spotted the listing, has the floorplan.
? Unique Yorkville Townhouse Features 299Seats/4BA [Curbed NY]
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For unemployed borrowers there are asset dissipation and asset depletion loans available where in income is calculated from available checking, savings, retirement and investment accounts. ?It's not the norm that anyone has a $1M to $10M portfolio, but these types of loans do exist for these people and at current market rates. ?
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Sacramento ? Legislation to set limits on protests at military funerals continues to advance through the Legislature, inching closer to another showdown with Gov. Jerry Brown.
The Assembly Public Safety Committee, which includes some of the most liberal members of the lower house, unanimously passed the measure Tuesday.
The legislation covers all funerals but grew out of controversial anti-gay protests lodged by a handful of members of the small Westboro Baptist Church in Topeka, Kan. at military farewells.
Sen. Ted Lieu, a Torrance Democrat carrying the bill, said fair limits are important to show respect for grieving families. The legislation requires the pickets to be at least 500 feet away and on public property. Protests can be held from one hour before the funeral until one hour after the service, under its provisions.
?This is a time, place and manner restriction,? Lieu told the committee. ?Senate Bill 661 does not restrict the content of speech. It merely helps protect the sanctity of a memorial service.?
Violators would be subject to a misdemeanor, which could carry a fine of up to $1,000 and six months in jail.
Brown has already vetoed a broader version that had a 1,000-ft. buffer and other restrictions. Brown cited a March 2011 U.S. Supreme Court ruling that the church?s tactics were protected as free speech under the First Amendment. However, the court left open the possibility of some reasonable limits, which have been put in place by 40 other states.
?Since time immemorial society has respected the dignity and sacredness of putting the dead to rest,? Lieu said.
The Westboro Baptist Church congregation uses the protests to attract attention to their message., Frequently they parade with signs blaming homosexuality for the death of the soldier and claiming the tragedy was God?s revenge on the U.S. for tolerating homosexuality.
Lieu continues to discuss the limits with Brown?s advisers to strike a compromise and avoid a veto.
The legislation now goes to the Assembly Judiciary Committee. A hearing date has not been set.
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