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Report: Prosecution Ready to Proceed with Curley, Schultz Hearings

on December 15, 2011 10:30 AM

Despite public questions about Mike McQueary's credibility, state prosecutors are fully ready to proceed with preliminary hearings Friday for Tim Curley and Gary Schultz, a spokesman told the Allentown Morning Call.

"We're not going to debate unsourced media accounts that infer various things, because none of them are testimony, and none of them are statements made under oath," state Office of Attorney General spokesman Nils Frederiksen told the newspaper.

Curley, on administrative leave as Penn State's athletic director, and Schultz, a retired university vice president, are charged with perjury and failure to report alleged child abuse. State prosecutors have alleged the men lied before a grand jury and did not properly report earlier concerns about former assistant football Coach Jerry Sandusky, now charged with child sexual abuse.

At least part of the prosecution's case hinges on McQueary, an assistant coach in the football program, grand-jury presentments show. McQueary testified before a grand jury that he witnessed Sandusky, in 2002, raping a boy who appeared to be 10 years old. He alleged that it happened in a football building on the University Park campus, court documents show.

But how McQueary reported his apparent observations up the university chain of command has become a central question in news accounts. The Harrisburg Patriot-News reported Sunday that three different versions of events provided by McQueary have now surfaced.

Lawyers for Curley and Schultz -- Tom Farrell and Caroline Roberto, respectively -- have maintained that their clients are innocent and adequately relayed what details they were provided. Curley and Schultz have testified already that they were not told a rape happened.

Defense attorney Joseph Amendola, representing Sandusky, said Tuesday that anyone who believes a report of child rape at Penn State would have been met with a weak administrative response needs to dial "1-800-REALITY."

(The phone number, it turns out, belongs to a gay sex enterprise.)

Amendola, in his Tuesday remarks, sharply called into question the credibility of McQueary and his child-rape claim before the grand jury. McQueary's wife, Barbara, soon told Fox29 that she and her husband were not able to respond immediately to Amendola's statements.

News analysts have speculated about whether Mike McQueary appear at the preliminary-hearing proceedings Friday. They're scheduled to begin at 9 a.m. in Dauphin County Court with District Judge William C. Wenner presiding.

The hearing will be held in Dauphin County because that's where Curley and Schultz are alleged to have perjured themselves before the grand jury.

Just more than 100 seats in a county courtroom have been set aside for the news media Friday. Reporters will be permitted to use Twitter and other electronic media to share details as the proceedings unfold. reporter Nate Mink plans to be in the Dauphin County courtroom. He can found on Twitter as @MinkNate. Regular updates will be posted on throughout the day.

Sandusky waived his own preliminary hearing on Tuesday in Bellefonte, but defense lawyers involved in the Curley and Schultz matters have indicated they are prepared to move forward with Friday's planned proceedings.

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