State College, PA - Centre County - Central Pennsylvania - Home of Penn State University

'Victim 6' Attorney Asks Court to Continue with Case

by on March 05, 2013 3:11 PM

The attorney for a man known in the court system as 'John Doe 6' – 'Victim 6' during Jerry Sandusky's trial – asked the court to deny Penn State's and The Second Mile's request to put the case on hold until the trial of three former Penn State administrators ends. 

In court documents filed Friday, counsel for John Doe 6 filed a brief in opposition of Penn State's motion to stay the case. Penn State was granted delays in other civil suits brought against the university by men who said they were molested by Sandusky but the court turned down the university's request to hold off on former wideout coach Mike McQueary's $4 million lawsuit. 

The Second Mile, the charity founded by Sandusky, is holding off transferring nearly $2 million in assets to a Houston-based charity until all legal proceedings are finished. 

According to the opposition brief filed by John Doe 6 and his attorney, "there exists no constitutional requirement that civil proceedings be stayed pending the outcome of criminal proceedings." The argument is against Penn State's, in which attorneys said the three former administrators headed to trial, possibly by 2014 – former Penn State President Graham Spanier, former athletic director Tim Curley and former vice president Gary Schultz – could serve as 'critical witnesses' in cases alleging abuse. 

Spanier, Curley and Schultz are each charged with perjury, endangering the welfare of children, failure to report, criminal conspiracy and obstruction of justice. 

Penn State's representation has asked the cases be put on hold because the men could invoke their fifth amendment rights and refuse to testify. 

According to court documents filed by the attorney for John Doe 6, the court should not honor Penn State's request because "Penn State is not under criminal investigation ... Notably, Defendant Sandusky has not requested a stay of this matter." The attorney for John Doe 6 wrote that his client wishes to have and deserves, "to proceed expeditiously."  

The plaintiff testified in June that he was assaulted by Sandusky in 1998 in the locker room shower of the Lasch Football Building after an afternoon of working out. His mother was concerned about her son when he returned home with wet hair and alerted authorities. A sting was set up in her home and despite Sandusky telling her, "I wish I could ask forgiveness ... I know I will not get it from you. I wish I were dead," then-Centre County District Attorney Ray Gricar did not press charges. 

Sandusky, 69, is serving a 30-60 year sentence in SCI Greene, a maximum-security prison about three hours away from State College. He spends 23 hours a day in a single cell. Sandusky was convicted on June 22 of 45 of 48 counts of sexually abusing 10 boys over a 15-year period.

Brief in opposition by

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