Judge Orders Freeh to Explain Appeal in Delay of Spanier Defamation Lawsuit
A Centre County judge issued an order Wednesday for attorneys representing Louis Freeh and his firm, asking them for an explanation for their appeal to the Superior Court regarding the delay of the Graham Spanier defamation lawsuit.
Judge Jonathan Grine issued an order that gives Freeh's attorney, Robert Heim of Philadelphia, 21 days to file a statement of errors complained of on appeal.
Heim notified the court Tuesday that he filed an appeal with the Pennsylvania Superior Court regarding Grine's decision to delay a lawsuit targeting Freeh's investigation into the Jerry Sandusky scandal.
Heim argues it could be years before Spanier's criminal case is resolved, further delaying the civil case. Additionally, he argues delay in the case prevents Freeh the opportunity to transfer the case to federal court, which has a one-year deadline.
"Defendants are thus unfairly between the classic 'rock and a hard place,'" Heim wrote in an appeal.
In February, Grine ruled the lawsuit filed by former Penn State President Graham Spanier could be delayed until the resolution of Spanier's criminal case related to an alleged cover of Sandusky's abuse.
Grine ruled in Spanier's favor last month, saying "There is a substantial risk that ... any or all of these individuals could invoke their Fifth Amendment rights during the civil action and refuse to participate in the discovery process (of the lawsuit)."
Heim filed an emergency motion last week asking the judge to reconsider his decision to delay the case. Grine denied the request the following day without a hearing.
Penn State hired Freeh, former FBI director, to investigate the handling of the Sandusky scandal. Spanier claims he was defamed in the subsequent Freeh Report, which found that senior Penn State administrators intentionally covered up Jerry Sandusky's child sexual abuse.
In his report, Freeh says Spanier and others, "repeatedly concealed critical facts relating to Sandusky's child abuse from the authorities, [PSU's] Board of Trustees, the Penn State community and the public at large."
Spanier's attorneys claim those allegations are both false and defamatory. They are asking for monetary damages.
Spanier and two other former Penn State administrators face several criminal charges including perjury, failing to report child endangerment and conspiracy related to the alleged Sandusky cover up.