Commonwealth Responds to Schultz, Curley Motion for Discovery

The Attorney General's Office filed its response to a request from former Penn State administrators Gary Schultz and Tim Curley for discovery materials and denied the defense most of the information it was seeking. 

"The Commonwealth has and will continue to honor its discovery obligations as it relates to prepared interview statements by investigators," the Attorney General's Office said in court documents filed Aug. 3. "Any statement that is prepared during the course of this ongoing investigation has been or will be disclosed by the defense."

However, when it comes to "notes or other items" sought by the defense, those requests were denied. 

In the defense's initial request, it asked for any written or recorded reports of mental examinations, scientific tests or expert opinions of any witnesses including John McQueary and Mike McQueary. 

The Commonwealth said no such records exist. 

The defense requested tangible materials for inspection, such as photographs, video recordings, sound recordings, newspaper articles, handwritten statements or other handwritten documents, hardrives or hardware. The Commonwealth said it will comply to the extent of which the law permits, though it is not a violation of either defendant's constitutional rights if the Commonwealth does not turn materials over. 

In the document filed June 15, the defense says the Commonwealth has yet to set the parameters of the charges while "law enforcement sources" leak information to the media. The Attorney General's Office denied any such accusations.

Curley and Schultz face perjury charges related to lying before a grand jury and failure to report. An Aug. 16 pretrial hearing is scheduled, though neither are required to attend or expected to be there. 

Both men are still in pursuit of a full dismissal of their charges.