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Penn State and The Second Mile Lose Fight to Delay Victim 6 Case

by on March 26, 2013 3:22 PM

Federal Judge Anita Brody told Penn State and The Second Mile she won't delay the civil suit filed against them and Jerry Sandusky by Victim 6. 

In an court order signed Monday, Brody put an end to a back-and-forth legal battle that waged for months just over whether the case would proceed. Sandusky did not object, but Penn State and The Second Mile petitioned the court to put the civil suit filed by "John Doe 6" on hold. Attorneys for those organizations wanted to wait until the criminal case for former Penn State administrators Graham Spanier, Tim Curley and Gary Schultz is completed. 

Attorneys were originally scheduled to present oral arguments in Philadelphia court Tuesday. Penn State's argument hinged on the fact that the former administrators are "critical witnesses" in the case. Penn State believes those men will refuse to testify until after Victim 6's case makes it to court. 

Other civil cases filed against the university were put on hold by judges. 

Spanier, Curley and Schultz are each charged with perjury, endangering the welfare of children, failure to report, criminal conspiracy and obstruction of justice.

Known as "John Doe 6" in court documents, Victim 6 testified in June that he was assaulted by Sandusky in 1998 in the locker room shower of the Lasch Football Building after an afternoon of light working out. His mother was concerned about her son when he returned home with wet hair and alerted authorities.

During a sting set up by law enforcement in her home, Sandusky said, in regard to the incident, "I wish I could ask forgiveness ... I know I will not get it from you. I wish I were dead." Then-Centre County District Attorney Ray Gricar did not press charges. 

The Second Mile, the charity founded by Sandusky in 1977, filed last week to transfer just $200,000 of its assets to keep three youth programs afloat this spring. 

Sandusky, 69, is serving a 30-60 year sentence in SCI Greene, a maximum-security prison about three hours away from State College. He spends 23 hours a day in a single cell. Sandusky was convicted on June 22 of 45 of 48 counts of child sexual abuse.

Penn State has said in the past it wants to resolve all of the pending litigation as soon as possible. 


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