The former Penn State administrators facing trial on charges related to their alleged handling of reports of child sexual abuse by former Penn State football assistant coach Jerry Sandusky have submitted pretrial motions seeking to have the remaining charges against them dropped, or alternately have their cases tried separately.
Former Penn State President Graham Spanier, Athletic Director Tim Curley and Senior Vice President Gary Schultz are charged with misdemeanor counts of child endangerment and failure to report suspected child abuse.
All three men argue that the statute of limitations have expired on the remaining charges and that in none of their positions were they supervising the welfare of children or mandated reporters.
The men also each argue that the state is attempting to prosecute an alleged 2001 offense — when former Penn State assistant Mike McQueary alleges he reported to Curley and Schultz an incident in which he saw Sandusky abusing a boy in a locker room shower — using a law that was not enacted until 2007, which they argue is a violation of ex post facto provisions of both the Pennsylvania and United States Constitutions.
Failing the dismissal of charges, each is also seeking to have their cases severed from the others, stating that statements by or evidence against one would cause prejudice against the others.
‘In contrast with the allegations against Messrs. Schultz and Curley, the Commonwealth does not contend that Dr. Spanier had any direct communications with anyone allegedly involved in or who witnessed the 2001 incident,’ Spanier’s attorney Elizabeth Ainslie wrote. ‘Yet, the Commonwealth has argued that Messrs. Schultz and Curley’s alleged knowledge should be imputed to Dr. Spanier. Under these circumstances, it is likely that the jury will conflate the evidence against the three defendants if the cases are tried jointly.’
Felony charges of perjury, obstruction and conspiracy against Spanier and Schultz were quashed by Pennsylvania Superior Court. Obstruction and conspiracy charges against Curley also were quashed, and the Office of the Attorney General later dropped the perjury charge against him.
The dismissal of the felony charges came after attorneys for the former Penn State officials successfully argued that former university counsel Cynthia Baldwin’s grand jury testimony violated their attorney-client privilege, and that she did not explain to them that she was representing the university and not them individually when each testified before a grand jury investigating Jerry Sandusky in 2011.
Schultz and Curley argue in their pretrial motions that because they lacked counsel their grand jury statements should be suppressed. Spanier will seek to have his grand jury testimony barred if the remaining charges are not dismissed.
The Associated Press also reported on Friday that a retired Berks County judge has been assigned to the trial of former Penn State administrators
Senior Judge John Boccabella was assigned the trial on June 30 after Dauphin County judges recused themselves, a court spokesperson told the AP.
A trial date has not yet been set.
Sandusky is serving a 30-60 year sentence in state prison after his conviction in 2012 on 45 counts related to child sexual abuse. He is seeking a new trial under the Post Conviction Relief Act.
