Sandusky's hearing will be conducted virtually through a video conference.
The court questioned whether Spanier was convicted under a 2007 law for actions that occurred in 2001.
Sandusky's lawyers cited collusion between Freeh's team and state prosecutors as "a de facto joint investigation" that improperly influenced the trial.
Frank Fina, a prosecutor in Jerry Sandusky's trial, had his law license suspended for one year and one day.
Sandusky's resentencing was initially scheduled for September, but was postponed indefinitely last month. It will now be held on November 8 in Bellefonte.
Jefferson County Judge John Foradora issued an order to recuse himself from Jerry Sandusky's resentencing.