Children and Youth Services Opposes Subpoena in Sandusky Victim Lawsuit

Jerry Sandusky’s sixth victim wants a Centre County Children and Youth Services employee to testify in his lawsuit against Penn State, but CYS attorneys want a federal judge to shoot down that request.

Attorneys for John Doe 6, who is suing Penn State and Sandusky, want to subpoena CYS employee John Miller to testify at a hearing originally scheduled for Friday, May 22.

They also want CYS to produce various records they think would strengthen John Doe’s case against Sandusky and the university.

But CYS attorney James Johnson wants United States Judge Anita Brody to quash that subpoena. In court documents filed last week, Johnson says CYS was not given “reasonable time to comply,” and that the subpoena “requires disclosure of privileged and protected matter.”

He argues that turning those documents over would violate Pennsylvania’s various child protection laws.

Johnson tells StateCollege.com that CYS objects anytime someone wants an employee to testify about former clients, minors or confidential records.

“All that information is confidential, although there are some exceptions,” Johnson says. “Judges can enter court orders to allow these kinds of releases, but until that’s done we must protect our case workers and our files.”

In response to Johnson’s motion, Judge Brody issued an order on Wednesday, scheduling a “a conference regarding discovery” for June 1.

Jerry Sandusky, a former Penn State assistant football coach, was convicted of 45 counts of child sexual abuse and was sentence to up to 60 years in prison in 2012. He is currently appealing that conviction for the third time.

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