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Oral Arguments to be Heard in Curley-Schultz Case Thursday Sans Defendants

by on August 15, 2012 8:15 PM

On Thursday morning, the case resumes for two former Penn State administrators accused of covering up Jerry Sandusky's sex crimes.

A 9 a.m. hearing at the Dauphin County Courthouse in Harrisburg will proceed though the defendants, former Penn State athletic director Tim Curley and former Penn State vice president Gary Schultz, will not be in attendance.

They are not required to be at the hearing.

Both men are charged with failure to report and felony perjury, allegedly having lied to a grand jury.

However, both men have sought the dismissal of all charges against them, and hot topics in court on Thursday morning could revolve around emails and dates.

When Louis Freeh published his report on July 12, it included an email exchange between Schultz and former university counsel Wendell Courtney. It cites Shultz as saying he was not aware of the 1998 police investigation into a report of Sandusky's attack on a young boy in the Lasch Building shower.

However, it was Courtney who said he did not have knowledge of the investigation.

Schultz has since filed for and was granted subpoena power to gain access to Freeh materials used to compile the 267-page report, as he and his legal team said having access to those documents is necessary to building a defense.

Before Sandusky went to trial, the Commonwealth amended the date when Mike McQueary reported seeing Sandusky abusing a boy in the shower from some time in 2002 to Feb. 1, 2001.

The nine-month time difference means the statue of limitations would have run out and Curley and Schultz would not have been able to be charged with failure to report.

Neither defendant has been in court since their preliminary hearing in December. Curley, who announced in January he is battling lung cancer, has made no public statements regarding the Freeh report.

Live coverage from the courthouse is banned and updates are embargoed until court recesses. All documents related to the case are available here.

Related coverage: 

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