Tim Curley wants his perjury and failure to report charges thrown out, filing a motion in Dauphin County Court on Monday asking a judge to do so.

According to the motion, the Penn State athletic director said the death of former football coach Joe Paterno leaves prosecutors without a second witness to support the perjury charge. He also argues allegations that he did not report suspected child abuse by former defensive coordinator Jerry Sandusky were filed under a revision of the law that was passed five years later, adding the statue of limitations has run out.

Curley is on administrative leave as he awaits a trial date. Gary Schultz, the university's former vice president for finance and business, also is charged in the investigation. Both men say they’re innocent.

Related coverage

• StateCollege.com's Penn State charges page
• Download Tim Curley Motions Filed Document