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Sandusky Case: Motions to Quash Subpoenas Keep Piling Up

by on May 01, 2012 5:09 PM

Centre County has become a revolving door for motions to quash subpoenas.

Two more motions to quash subpoenas issued by Jerry Sandusky's attorney, Joe Amendola, were filed on Tuesday, the first by the Mifflin County School District, that of Victim 9, and The Second Mile.

That brings the total to four motions to quash subpoenas issued by Amendola.

According to a seven-page court document filed by the Mifflin County School District, the subpoena seeks to extract the following documents regarding Victim 9, including, but not limited to:

  • Complete school records;
  • All IQ/intelligence testing as well as the method and manner of testing;
  • All school discipline records, including any in- or out-of-school suspension and expulsions;
  • All records that detail any psychiatric/psychological diagnosis;All records that describe any "in-school" services provided by the school district or outside service that deals with behavior-related issues, TSS support, and/or behavior specialist who prepares or manages treatment plans for the student while at school for any academic day
  • Any and all school records that have been turned over to the Office of the Attorney General, the Pennsylvania State Police and/or other federal, state, sheriff or local law enforcement agencies through use of a subpoena, search warrant or voluntary means by the school district to the requesting law enforcement agency

The Mifflin County School District said there are laws requiring school districts to maintain certain records regarding students, and federal law protects many of those records, according to the court document.

Citing the Family Education Rights and Privacy Act (FERPA), the school district said the requested records cannot be disclosed without certain consent from the student, or the student's parents. According to the motion, the school district requests that the documents be sealed by the court and kept from Sandusky, only to be made available to the defense "if, and only if, the material becomes relevant."

Meanwhile, the grand jury investigation into Sandusky's alleged child sexual abuse is ongoing.

The school district asked also that the subpoena be quashed "to the extent that the records sought are protected by the Health Insurance Portability and Accountability Act (HIPPA)... the Mental Health Procedures Act... statutory privilege... the Juvenile Act," according to the motion.

The Second Mile asked also that the court quash subpoena it was served, citing the Commonwealth's allegations that Amendola is improperly using his subpoena power, as well as the request by the Keystone Central School District to have its subpoena quashed.

Keystone Central School District filed a motion requesting the court squash the subpoena served by the defense on Monday, and said that private records could not be turned over without consent of the student or the student's parents, if under 18 years old.

Victim 1 was a student in the Keystone Central School District.

On Friday, prosecutors said Amendola was inappropriately using his subpoena power, asking the court order he pull his subpoenas and refrain from issuing any more.

Amendola said there was no wrongdoing in his actions.

Sandusky is still under house arrest, awaiting a June 5 trial, the scheduled start date of jury selection. He faces 52 counts of child sexual abuse continues to maintain his innocence.

The former Penn State football assistant coach is charged with abusing 10 individuals over a 15-year period.

Related coverage: 

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