Sandusky retired from his Penn State coaching job in 1999 and retired from The Second Mile charity last year. He has been receiving a pension of almost $60,000 per year since 1999. That will not be affected by his criminal charges.
When Sandusky first appeared in court, the prosecution asked for $500,000 bail and electronic monitoring. Bail is intended to ensure a criminal defendant appears in court to face the charges. Generally, the more serious the charges, the higher the bail. Also, if a defendant has the resources to pay, he will usually be assessed higher bail. That will ensure he comes to court instead of fleeing.
Sandusky's bail was set at $100,000, unsecured. He was not required to be electronically monitored. The bail amount is lower than the prosecution requested, and is quite low considering the crimes he is accused of and his resources. Even more surprising is the fact that his bail is unsecured.
Normally when bail is set, the defendant has to put up the amount of the bail for the court to hold. Or they may give a bail bondsman 10% of the bail amount, and the bail bondsman ensures the court will receive the rest if the defendant does not show up. If the defendant does not show up in court, he forfeits all the money he posted.
When bail is unsecured, however, the defendant does not need to front any money. He basically promises to pay the bail amount if he does not appear. However, the defendant is already required to appear, so it does not seem that an unsecured promise to pay would do much more to ensure a defendant's appearance.
The defendant is already required to appear by law, and a judge can issue an arrest warrant if he fails to appear. An additional promise to pay an unsecured bail amount does not seem like any more of an incentive to appear.
Sandusky can therefore continue to live at home, go about his daily life, continue receiving his pension, and need not pay a penny in bail as long as he appears. That is highly unusual for someone accused of such serious crimes.
It is no wonder that people are crying foul now that they have learned that the judge who set Sandusky's bail has donated money to and volunteered for his charity, The Second Mile. Judges have a duty to recuse themselves from a case if there is even the appearance of an impropriety.
If Judge Leslie Dutchcot did volunteer for or donate money to The Second Mile charity, she should recuse herself from Sandusky's case. This is particularly so since Sandusky got access to his victims through The Second Mile charity, according to the indictment.