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Prosecutors Say Sandusky Dismissal Premature Without Testimony

By Tony Romeo

PHILADELPHIA (CBS) – Prosecutors have filed a brief in response to Jerry Sandusky's motion to have charges against him dismissed.

Sandusky's lawyer filed a motion seeking to have charges dismissed, saying some charges were too vague in terms of dates and locations, while others lacked evidence to support them.

In their response, prosecutors say they are unaware of any authority for the kind pretrial "specificity of charges" demanded by the defense. And they say the court cannot weigh the sufficiency of evidence that has not been presented in court.

This is the second time the Commonwealth has filed a brief on this issue. Earlier this year, the judge ruled that a defense motion to dismiss charges was premature.

A hearing on unresolved pretrial issues is scheduled next week, and jury selection is scheduled to begin the week after that.

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