State College, PA - Centre County - Central Pennsylvania - Home of Penn State University

No Decisions Made In Curley, Schultz Case; Neither Appear In Court

by and on June 01, 2012 6:43 AM

Updated at 4:30 p.m.

Tim Curley and Gary Schultz did not appear in court Friday and nothing was resolved regarding their request to have all charges dropped, according to the Centre Daily Times

Curley's attorney, Caroline Roberto, met with the judge at the Dauphin County Courthouse and Schultz's attorney, Tom Farrell, was there via telephone, per the newspaper reported.

The former Penn State administrators are seeking to have dropped the perjury charges against them.

Earlier, at 6 a.m. 

Tim Curley and Gary Schultz are scheduled to be back in Dauphin County Court on Friday for a pretrial conference, according to a timeline previously set by Judge Todd Hoover.

It's also their deadline to file any pretrial motions regarding discovery and inspection, though both men are asking for more time.

Curley, the Penn State athletic director on paid administrative leave, and Schultz, the retired vice president of finance and business, are both charged with perjury and failure to report a crime. They maintain their innocence.

Their case has not nearly seen the flurry of activity lately as Jerry Sandusky's child sex abuse case, to which their charges are connected.

Both men have asked for their charges to be thrown out. They stem from the Lasch shower incident discussed ad nauseam, when Mike McQueary walked in on Sandusky and a young boy and saw, according to McQueary, a sexually charged episode.

Prosecutors have changed the date of that incident by 13 months, which put it outside the state's statute of limitations of 10 years. It practically guarantees the failure to report charge is toast.

One law expert even thinks the perjury charge is in jeopardy because the date change creates a cloud of doubt surrounding McQueary's testimony. But nobody knows what other evidence the prosecution may have. Joe Paterno's grand jury testimony can no longer be used as corroborating evidence because he passed away Jan. 22 and the defense was never able to cross-examine him.

The Sixth Amendment provides criminal defendants the right to confront the witnesses against them.

Both men have said they will invoke the Fifth Amendment and not testify at Sandusky's trial, which starts Tuesday morning with jury selection.

Their case is run through Dauphin County Court in Harrisburg because that is where the crimes are alleged to have occurred.

Related coverage:

Nate Mink covers Penn State football and news for He's on Twitter as @MinkNate.

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