Mike McQueary Asks Court to Deny Penn State's Request to Stay
Mike McQueary doesn't want to wait to go to trial – he's asked a judge to reject Penn State's motion to put a hold on the former assistant coach's $4 million lawsuit until the trial of former Penn State administrators has concluded.
In the document filed on Thursday, McQueary says that the criminal proceedings of former Penn State athletic director Tim Curley and former Penn State vice president Gary Schultz do not "run parallel" with his proceedings and also says the outcome of their case should have no bearing on his, so a stay is not warranted.
On Monday, the hearing to determine whether a stay would be granted was postponed due to weather. It has not been rescheduled yet.
McQueary sued Penn State for $4 million on Oct. 2, citing irreparable damage to his career and reputation. Penn State subsequently petitioned the court to postpone the case until the trial of Curley and Schultz wraps.
His suit is a whistleblower, defamation and misrepresentation case because McQueary believes his firing from Penn State was unwarranted and he has since been unable to resume coaching elsewhere because of defamatory comments made by former Penn State President Graham Spanier for which the university has never issued a formal apology.
Spanier was charged on Thursday for the first time and Curley and Schultz had three new charges each levied against them.
Curley, Schultz and Spanier are each charged with perjury, endangering the welfare of children, failure to report, criminal conspiracy and obstruction of justice. They are expected to be arraigned at 2 p.m. in Harrisburg on Friday.
The former assistant coach who testified that as graduate student with the Penn State football program, he walked in on Jerry Sandusky abusing a boy in the Lasch Football Building locker room shower, said he has also been subjected to unjust "public scorn and villification."
Sandusky, 68, was sentenced to 30-60 years in prison for his sex crimes and Curley and Schultz await a Jan. 7 trial on charges of felony perjury for having allegedly lied to a grand jury and a summary charge of failure to report.