Schultz and Curley Launch New Bid to Have Charges Thrown Out

Tim Curley and Gary Schultz have gone back to court, asking once again, to have criminal charges against them dropped.  In court documents released today, lawyers representing the men asked a judge to let Curley and Schultz join Graham Spanier’s motion to have the criminal complaint and grand jury presentment quashed. This time, the legal filings were made in Dauphin County Court.

The former Penn State administrators want legal arguments made by former Penn State President Graham Spanier to also apply to them.

Curley and Schultz have previously sought to have the case against them dismissed. 

All three men claim former Penn State counsel Cynthia Baldwin violated attorney-client privilege when she testified before the grand jury. That’s why they believe the criminal complaint and grand jury presentment should be dropped.

Earlier this month, both the Pennsylvania Supreme Court and the Pa. Superior Court denied appeals made by Curley and Schultz to have Baldwin’s testimony thrown out. They also want charges of perjury, obstruction of justice and child endangerment dismissed.

The men also claim the state disregarded the statute of limitations when it charged the men with child endangerment, failure to report and conspiracy to commit child endangerment. 

Last year, Prosecutors filed charges against Spanier, Curley and Schultz, alleging the men mishandled the response to child sex allegations against former football coach Jerry Sandusky. No trial date has been set. 

Sandusky, 69, was sentenced to 30-60 years in prison for his sex crimes against children.