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Sandusky Case: Keystone Central School District Files to Have Subpoena Quashed

by on April 30, 2012 1:15 PM

Updated at 2:08 p.m.

Keystone Central School District has filed a motion for the court to quash the subpoena issued by Jerry Sandusky's lawyer, Joe Amendola, or, alternatively, issue "an appropriate protective order." 

In a motion filed Thursday, just prior to the prosecution's allegations that Amendola is inappropriately using his subpoena power, Keystone Central School District said that the defense "failed to articulate a foundation as to the reasonableness, materiality, and justiciability of his subpoena, it is not lawfully issued and therefore any corresponding request for educational records should be denied and/or quashed." 

A subpoena was issued to Keystone Central School District superintendent Kelly Hastings, requesting educational records and "other documentation relative to Victim 1," according to court documents.

The school district says also that the subpoena is improper because educational records can not be disclosed without consent from the student-in-question's parents, or the student, if over 18 years old. 

In the motion, the school district attached a copy of the original criminal complaint regarding Victim 1, as "Exhibit A," which include charges against Sandusky that include, "but are not limited to Involuntary Deviate Sexual Intercourse, Indecent Assault, and Unlawful Contact with a Minor."

Earlier at 1:15 p.m.

Judge John M. Cleland signed an order Monday morning that said the defense will have until 10 a.m. Thursday to respond to the prosecution's claim that the defense is improperly using its subpoena power. 

The one-page document simply states that once a response is filed in response to the prosecution's motion, the judge will make a judgement based on "the two pleadings filed, or may order oral argument to be held at a later date."

On Friday, the Attorney General's office filed a motion asking that Jerry Sanduksy's attorney, Joe Amendola, stop immediately filing certain subpoenas and withdraw those of the same nature.  

Subpoenas issued to Pennsylvania State Police, Penn State Police, the superintendent of Central Mountain School District and the US Department of Labor and Industry call for the recipient to appear in the Centre County Courthouse on May 16, for a scheduled pretrial status conference, in which no testimony will be given, according to a court motion filed Friday.

Amendola denied any wrongdoing on Friday, but could not comment further as per the gag order issued by Judge Cleland.

Sandusky is awaiting a currently-scheduled June 5 trial and faced 52 counts of child sexual abuse. He maintains his innocence. 

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