Judge Todd Hoover denied motions by former Penn State administrators Tim Curley and Gary Schultz to drop the perjury charges against them for having allegedly lying to a jury.
In the documents filed on Wednesday, Hoover upheld the charge of felony perjury but did not rule on the former administrators' summary charge of failure to report. He is expected to in a separate ruling. That charge stems from an incident that has since passed the statute of limitations.
The summary charge was filed in connection with the incident in which former Penn State assistant coach and then-graduate student Mike McQueary reportedly saw Jerry Sandusky abusing a boy in the Lasch Football Building locker room shower. Prosecutors originally said the date of the incident was in 2002, later changing it to Feb. 9, 2001.
At a hearing in August, attorneys for Curley and Shultz argued there was not enough evidence to corroborate the prosecution's claim that former Penn State athletic director and former Penn State vice president lied about what they knew regarding Sandusky's behavior, allegations of abuse and investigations.
Sandusky, 68, was convicted on June 22 on 45 of 48 counts of sexually abusing 10 boys over a 15-year period. He awaits an Oct. 9 sentencing from the Centre County Correctional Facility.
Curley and Schultz are scheduled to go to trial on Jan. 7. The men have filed to have their cases separated, which Hoover has yet to rule on.