Jared Fogle’s attorney asks for appeal extension, needs more time to prepare after cancer diagnosis

Indianapolis Area Crime

Jared Fogle arrives in court on Nov. 19, 2015

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INDIANAPOLIS, Ind. (Jan. 14, 2016) – Jared Fogle’s appeal of his more than 15-year sentence in a child exploitation case will have to wait a little longer.

According to documents filed this week in federal court, Fogle’s attorney, Ronald Elberger, is struggling with prostate cancer and needs more time to prepare his case. Elberger asked for a 25-day extension that would move the deadline for completing the appeal paperwork from Jan. 25, 2016, to Feb. 19, 2016. Judge Tanya Walton Pratt granted the request.

According to the motion filed this week, Fogle’s counsel will “suffer extreme hardship” if the deadline couldn’t be pushed back. The filing said an associate, Bradley Dick, was being brought up to speed in the case and would represent Fogle in the event that Elberger suffered any further complications with his health.

Elberger said he’d notified prosecutor Steven D. DeBrota about the situation, adding that DeBrota didn’t object to the change.

Fogle, the former spokesman for Subway sandwiches, was sentenced to more than 15 years in prison in November. He pleaded guilty to paying minors for sex and receiving child pornography.

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