By Tony Romeo

BELLEFONTE, Pa. (CBS) — It looks as though motions to dismiss charges against Jerry Sandusky may be argued another day.

During the brief hearing in Centre County Court Thursday, the judge indicated that the case is in “flux” with a grand jury probe still ongoing.

So the judge said it would be premature to decide on what charges and cannot be prosecuted.

Sandusky’s lawyer withdrew some other motions, which prompted prosecutor Joseph McGettigan to criticize what he called “lengthy” and “pointless” pretrial motions.

“I would submit that the Commonwealth’s effort has been to litigate this case in court. Whereas, to the contrary, what we have had is countless trees dying for motions to be filed and microphone batteries dying as it’s litigated out here,” McGettigan said.

Sandusky’s attorney responded.

“I get fired up when this stuff about ‘we’re trying this in the court of public opinion.’ We’ve had no choice because of the way this whole has been presented,” Joe Amendola said.

The trial is scheduled to start in early June.

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