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Penn State and The Second Mile Defend Motion to Delay Victim 6's Case After His Rebuttal

by on March 13, 2013 7:02 AM

The ongoing legal battle over the status of a civil suit filed by a victim of Jerry Sandusky continued Tuesday when attorneys for the defendants argued the case must be delayed because the three central witnesses will 'undoubtedly' refuse to testify. 

Penn State and The Second Mile attorneys filed a reply in support of their motion to stay the case after the lawyer for the plaintiff, Victim 6, asked the court to dismiss the request. The defendants said the Freeh report cannot be used as a substitute for testimony, no matter how many times Victim 6 refers to it in his complaint. 

Former Penn State President Graham Spanier, former athletic director Tim Curley and former vice president Gary Schultz are each facing perjury, endangering the welfare of children, failure to report, criminal conspiracy and obstruction of justice charges in connection to their alleged involvement in the concealment of Sandusky's sex crimes. Their trial is expected to begin in 2014 and attorneys for Penn State and The Second Mile called them 'the crux' of the allegations made by Victim 6 that the university did nothing to halt Sandusky. 

The plaintiff, 'John Doe 6,' was known as Victim 6 during Sandusky's June trial. He testified that he was abused in the shower after a workout in the Lasch Football Building locker room in 1998. 

In the complaint filed Tuesday, counsel for the university and The Second Mile, the charity founded by Sandusky, argue that in every other civil suit filed by a victim, a judge has granted requests to delay the case until the legal proceedings of Spanier, Curley and Schultz have finished. 

"There can be little doubt" Spanier Curley and Schultz will choose not to testify, given their fifth amendment right and as it is in their best interest with their own criminal proceedings forthcoming, the attorneys wrote. 

"The university will not be able to effectively defend itself when such key witnesses are unavailable," the defendant's attorneys wrote. 

The Second Mile, the charity founded by Sandusky, is holding off transferring nearly $2 million in assets to a Houston-based charity until all legal proceedings are finished.

Sandusky, 69, is also a defendant in the complaint filed by Victim 6, but has not opposed he suit. He is currently serving a 30-60 year sentence in a maximum-security prison. 

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