Before Jerry Sandusky's fate is turned over to the 12 jurors in his child sex abuse trial today, the defense team for the former Penn State football coach will find out about its one last request to have some of the charges of abuse dropped.
Sandusky, 68, currently faces 51 counts of child sex abuse charges and could be sentenced to life in prison if found guilty. The defense withdrew one count earlier this week after determining that the alleged sex act occurred before a law had been enacted.
Defense attorney Karl Rominger petitioned the judge Wednesday morning to drop the charges stemming from alleged victim 8, who was the subject of an eyewitness account by a Penn State football locker room janitor who said his colleague saw Sandusky performing oral sex on a young boy in the showers in 2000.
Rominger argued that because the state had not identified a victim and the only witness to testify to the incident in court did not witness a sexual act firsthand, that there was not enough evidence to bring a charge.
Judge John Cleland met with the defense attorneys and prosecutors Wednesday afternoon to hear arguments and is expected to issue a ruling this morning as court begins. He will also give the jury instructions on how to proceed during deliberations before each side offers its closing arguments.
The prosecution feels "confident" about the case they brought against Sandusky, while the defense team feels they made significant progress casting doubt in the minds of the jurors, sources have told ABC News.
The jury is expected to begin deliberations by 12:30 p.m. today and is expected to work through the weekend if they have not returned a verdict by Friday. They will be sequestered at a hotel with no outside contact during breaks from deliberations.
ABC News' Aaron Katersky contributed to this report
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