The judge presiding over Jerry Sandusky’s case has asked the state Superior Court to dismiss an appeal by one of the convicted serial child sexual abuser’s attorneys over whether a protective order the judge slapped on the case may apply retroactively.

Asking the intermediate appellate court to throw away attorney Karl E. Rominger’s appeal, Senior Judge John M. Cleland said his June 26 protective order was not a final appealable order. The order came hours after a police interview with Sandusky’s adopted son, Matt Sandusky, was aired on NBC’s Today show. Days before, Matt Sandusky went public with accusations that his adopted father and former Penn State assistant football coach had raped him.