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Curley, Schultz Case: Prosecution Asks Court Not to Dismiss Perjury Charges

by on April 03, 2012 11:38 AM

The Commonwealth filed two documents that reaffirmed its case against Tim Curley and Gary Schultz and asked the court not to dismiss any charges.

In a response to the defendant's request for a Bill of Particulars on Friday in Dauphin County, the Attorney General's office, prosecution for the case, submitted its response with "Exhibit A" – Tim Curley's testimony to the Grand Jury, and Exhibit B – Gary Schultz's testimony to the Grand Jury, both dated Jan. 12, 2011.

The prosecution said that the defendant "attempts to take advantage of the death of a Commonwealth witness, Joseph V. Paterno," in reference to Curley's request that former Penn State football coach Joe Paterno's testimony be thrown out.

According to the document, the prosecution said the statements support the perjury charges against the men because of their answers before the Grand Jury regarding what then-graduate assistant Mike McQueary told Curley and Schultz he saw in the locker room involving Jerry Sandusky and an unidentified boy, known only as Victim 2.

Curley, 57, said that he was either never told or could not remember if any of Sandusky's actions toward the boy were sexual in nature, according to the court document.

When asked if he made the decision not to report the incident to police, Curley said, "Yes. I didn't see any reason because I didn't, at the time, think it was a crime," according to the court document.

Schultz, 62, said that both McQueary and Paterno did not tell him anything too detailed, that "they only described what was observed in a very general way," according to the court document.

However, when he was asked what kind of impression he took from the description, Schultz said, "Well, I had the impression that it was inappropriate," and "I had the feeling that there was perhaps some kind of wrestling around activity and maybe Jerry might have grabbed the young boy's genitals," according to the court document.

In the document filed that asks the court not to dismiss the charges against Curley and Schultz, the Attorney General's office states that not only do the statements the men made support the perjury charges against them, but acknowledges that there could be more.

"The Commonwealth does not believe that the defendant's false statements are limited to those on which he Commonwealth relied for the purposed of the preliminary hearing," the prosecution said, according to the court document.

Curley remains on administrative leave as the Penn State athletic director and in January announced that he has been battling lung cancer.

Schultz retired a second time from the university when criminal charges were made against him. He had previously served as the interim senior vice president for finance and business after coming out of retirement, having been a university employee for nearly 40 years.

Sandusky, 68, faces 52 criminal charges and is accused of abusing 10 boys over a 15-year period. He is scheduled to be in Bellefonte on Thursday at the Centre County Courthouse for an Omnibus Pretrial Hearing. He maintains his innocence and has requested for all charges against him to be dropped.

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Laura Nichols is a StateCollege.com news reporter and @LC_Nichols on Twitter.
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