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Uncertainty Lies Ahead in the Case of Former Penn State Administrators Tim Curley and Gary Schultz

by on June 28, 2012 6:00 AM

When Jerry Sandusky was convicted on 45 counts of abusing 10 boys over a 15-year period Friday night, his complicity in a scandal that rocked Penn State was revealed.

Where the rest of those who may have known about his actions but either turned a blind eye or even helped cover up what was going on, little was made known, even after Mike McQueary testified to making his superiors aware of what he witnessed in the Lasch Football Building locker room shower in February 2001.

For two of those men, former Penn State administrators Tim Curley and Gary Schultz, another hearing in their case is scheduled for July 11.

Through their attorneys, the two men have pursued a dismissal of the case. They face perjury charges and are alleged to have lied before a grand jury regarding what they knew about Sandusky's interaction with boys from The Second Mile as far back as 2001.

Curley is the former athletic director and Schultz the former university vice president who oversaw the police.

On Monday, Wes Oliver, a legal expert for NBC and an associate professor of law at Widener University, was on PCN's "Journalists Roundtable." He discussed some of the ramifications the Sandusky trial may have on the Curley and Schultz case now that McQueary has testified again.

McQueary, who has filed notice of a whistleblower lawsuit against Penn State, made it clear to his superiors what he saw in the locker room was inappropriate contact and sexual in nature.

"The core of the perjury charge is now this: They lied when they said they didn't think a crime had been committed," Oliver said. "They recited the facts essentially as McQueary told them."

Oliver said even though Sandusky was acquitted on one of the counts regarding McQueary's testimony, the 45 guilty counts proved a jury believed McQueary's story – that he was extremely upset by what he saw, and he went to his superiors, hoping they would do something to stop it.

"There's an added wrinkle with these new emails," Oliver said, referring to recent allegations that Schultz may have kept a "secret file" on his computer of Sandusky's indiscretions. "It shows, internally, a crime may have been committed."

The focus is squarely on Penn State now, Oliver said, and it's in the school's best interest to "settle this across the board," as the university could be made liable via civil suits.

Meanwhile, counsel for the former Penn State administrators declined comment on their client's cases while in attendance at the Sandusky trial last week. They have not returned calls for comment, although there is no gag order or a trial date set for Curley and Schultz.

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