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Ex-Penn State Athletic Director Tim Curley, left, and former university Vice President Gary Schultz lost their bid to have perjury counts dismissed arising from their testimony before a grand jury investigating child sex abuse against former assistant coach Jerry Sandusky.
A judge in Pennsylvania on Wednesday rejected a bid by two former Penn State administrators to dismiss perjury charges against them arising from their testimony before a grand jury investigating child sex abuse allegations against former assistant football coach Jerry Sandusky.
In rejecting motions by former university Vice President Gary Schultz and ex-Athletic Director Tim Curley to dismiss the perjury counts against them, Dauphin County Judge Todd Hoover wrote that their contention that there is insufficient evidence to corroborate the charges will be more appropriately determined at trial. He also said prosecutors have given the defendants adequate information about which portions of their grand jury testimony are at the heart of the perjury charges.
Hoover did not rule on a motion by the defendants to dismiss the other count against them -- failure to properly report suspected child abuse. The judge indicated that he will issue a separate ruling on that motion, in which Shultz and Curley argue that the statute of limitations has expired.
Schultz, the school's former vice president for business and finance, has retired. Curley, the athletic director, is on leave from the university. Their trial is scheduled to begin in Harrisburg with jury selection on Jan. 7.
A spokesman for the attorney general's office declined to comment. A spokeswoman for the defendants' lawyers did not immediately return messages seeking comment.
Related stories:
Penn State president, Paterno concealed facts about Sandusky sex abuse, report finds
Ex-Penn State president says he didn't protect Sandusky, was himself an abused child
Sandusky, a former Penn State defensive coordinator under the late coaching legend Joe Paterno, was convicted in June on charges he sexually abused 10 boys, some on campus. He maintains his innocence. He's jailed awaiting sentencing next month.
The Associated Press contributed to this report.
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Now that the Penn State matter is in the courts, we won't hear the end of it.
We shouldn't hear the end of it until these losers have had their day in court and are either dismissed or found guilty and locked up with the child predator they enabled to sexually molest little boys for over a decade longer than he should have been able to !!
Pennsylvania law enforcement officials should also continue to try and determine the fate of the missing District Attorney and determine if any of these clowns were involved in his disappearance / murder.
Perjury charges against these two. Both Federal and state investigators intend to file charges of "interfering with or impeding an investigation against Curley, Schultz and Spanier. Paterno's name would have been there as well if he was still alive. These guys simply lied about their knowledge to a Grand Jury. They claim to have been trying to save Penn State's "reputation." But it is now down to their own reputations they are trying to save.
If these guys are tried and convicted of failing to report child sexual abuse, they will become so-called "sex offenders" themselves and will not be allowed back on any campus in the country.
And the end of this story hasn't been yet written. Sandusky is in prison awaiting sentencing. He could rat out all sorts of people to get preferential treatment in terms of facilities (he's not going to get any time off his sentence.) There are several parallel investigations that, unlike the Freeh Report, have real law enforcement teeth going on. Any or all of these could result in additional charges agains the three stooges.
And so far every victim has refused Penn State's settlement offer. The ones who spoke about it called the offers insulting. And the "major reforms" to the athletic program promised by the BoT when they refused to resign have consisted of taking down Paterno's statue, putting players' names on their jerseys, and firing the whistle-blower. The university is still paying the three stooges' full salaries and all their legal expenses.
All three deserve a cell next to Sandusky for the simple reason that for 11-12 years, the "big four" Paterno, Spanier, Curley and Schultz failed to even once inquire as to the welfare of Sandusky's victims or to take any action to stop Sandusky's constand abuse of even more boys. Caring more about dollars and football than about ongoing child sexual abuse is not pardonable in my book.
First, the failure to report is a misdemeanor. They wouldn't be "labeled" as anything (other than by the media and all the hoards of ignorant sheep this great land harbors)
And second, NONE of these men EVER claimed to be "saving Penn State's reputation", that was the opinion Louis Freeh came up with when he fabricated a "cover-up" in his report.
Spend just a little time LEARNING THE FACTS before spouting off baseless comments, please!
Also, they didn't "fire the whistle blower". His contract expired was not renewed (which ALWAYS happens when a new coaching staff takes over!) WOW! Such ignorance...
Sandusky, Curly, Schultz, and Spanier should be lined up against the same wall and shot. Their corpses should then be thrown in a landfill along with Paterno's bones.
I just hope justice is served. Hard to tell what the truth is, at least the judge is making it go to trial. Let the jury decide, that is the only fair way to deal with this.
People STILL believing the false narrative that Curly , Schultz and JVP concealed information as put out by the media ?
Louis Freeh and his handsomely paid opinion jussssst might have misled a few. I'm sure that the then Pennsylvania AG now Gov Tom Corbett is clean as a whistle in the eyes of public opinion too.
The trail starts and ends with the Second Mile. Less of course one swallows ESPN's hook line and pure BS. Well , now that ole Louis Freeh is under investigation for numerous failures in his doctored opinion .. wonder where the Gov is going to hide when the actual facts come out ?
This is the JoePa army worst nightmare. They can besmirch the integrity of a former FBI director with an impeccable reputation. But they won't be able to demagogue a jury. It's almost comical to read these rantings. It's the governor fault. It's an unbiased FBI director's fault. It's everyone's fault but the men that sat in the office and hid these crimes. They were smart. They did not leave a lot of paper evidence. But fortunately they left just enough for a conviction. Add Patero's admissions he heard clearly sexual inappropriate contact by McQueary and he should have done more, you will get a clear presumption of guilt.
This is for you Patrick Demarco. I don't have the time to refute all of your comments but there is another side to this story.. that is if you're interested in the truth.
You didn't mention charging Mrs.Sandusky. She had to know what was going on in her own home. She couldn't have overlooked the screams for help for all those years. Good Ol' Jere just had her in total control, I guess, or maybe she was enjoying the "high" life? She's almost as guilty as him, IMO.
Anyone who tries to defend these defendants shares in the disgrace that they have earned. Their FAILURE to step up and act like adults enabled a child sexual predator to operate for over an additional decade beyond when he should have been exposed.
There a stench that has yet to leave State College and that stench is from a community that has far too many members who placed and in too many cases are still placing sports over humanity. Penn State and State College officials who failed to act to prevent the molestation of little boys and Penn State fans who threatened and tried to keep the now older victims of Sandusky from coming forward with their stories are among the lowest forms of life on the planet and deserve society's disdain.
Worst of all, there's a District Attorney who's been MISSING for SEVEN YEARS and could very well have been murdered. If he did meet a bad end, that means someone or several some ones was or were willing to KILL to protect the "legacy" of a football program and coach. That would be the ultimate disgrace, but would also, sadly, no longer surprise me.
I'm glad the wheels of justice are turning on these "men", too bad they didn't step up when they should have, or the only person in prison or likely to be would be Sandusky the child molester !!
Under PA Law (18 Pa. Cons. Stat. § 4902), perjury is a 3rd degree felony. But they may have a hard time proving it because one element of the statute reads, in part:
"(f) Corroboration.--In any prosecution under this section, except under subsection (e) of this section, falsity of a statement may NOT be established by the uncorroborated testimony of a SINGLE WITNESS [my emphasis]."
1) The State may have trouble proving corroboration because any statement made by McQueary to Curley or Schultz has not been corroborated by someone else. Paterno's presence during McQ's meeting with Curley and Schultz serves as second-hand only. Either Curley or Schultz, or both must also have witnessed the act. Or, they must have received a second statement from someone else who also directly witnessed the act.
2) The accused’s beliefs per se are not subject to perjury. So, for example, if McQ related his story to them and they believed no crime had been committed (i.e., believes this to be true), then not perjury (unless some document or other form of evidence reveals that the accused clearly believe the act WAS a crime and they have testified otherwise). Depending on how detailed or graphic the story McQ related was, they could be “guilty” of a gross case of bad judgment or poor management, but not perjury.
3) Depending on how the case unfolds, either or both could plea bargain for violation of 18 Pa. Cons. Stat. § 4903, False Swearing, a second degree misdemeanor.
Also, failure to report is a summary offense for the first violation; and a misdemeanor in the 3rd or 2nd degree for subsequent offenses. As a summary offense or misdemeanor, I'm not certain if that carries a requirement to register as a sex offender.
These guys are just a culpable as Sandusky. They should spend a decade or more in prison for allowing a serial child molester the opportunity and means to rape little boys. It's too bad Paterno isn't here to suffer the same public ridicule and prison time.
Joe knew. These dudes knew. The unasked question is did they participate with Sandusky in the rape of the victims?
Burn baby, burn. They were complicit in the cover up of these dastardly, disgusting acts of pedophilia. Burn baby, burn. Anyone who defends them is scum...just like them, Sandusky, and the rest involved. Burn baby, burn.
What bogus charges. The lawyers see $$$ here now.
Larry Moe and Curely Joe. Penn State s a joke
Joe knew. These dudes knew. The unasked question is did they participate with Sandusky in the rape of the victims?
Let justice prevail. If guilty hang them !
If all the evidence the prosecutors have is the Freeh Report (which is almost completely lacking in competent evidence) and the incredibly unreliable testimony of McQueary, then the Judge made a very bad decision that was probably influenced by politics. Freeh should be pursued for contractual liability for the great harm his report has caused. If it is shown that Paterno's death was hastened by effects of the Report, then he could also in the least be subject to a civil suit by the Paterno family.
Yes, they should have put Freeh and McQueery in jail and made Sandusky president of PSU. And then you, JoePa and Jerry could have continued having Romper Room time with the kiddies. You're a joke.
If you think that all the evidence the prosecution has is the Freeh Report and McQueary's testimony, than you are just as blind as ol' Dottie and the boys. This is far from over and the luckiest person involved in this is Paterno, because he is no longer with us. God rest his soul.
The prosecution has many damning e mail exchanges between these losers.
Joe knew. These dudes knew. The unasked question is did they participate with Sandusky in the rape of the victims?
Pandora6, are you kidding with that 'JoePa' crap?! 'JoePa' had knowledge for YEARS of what Sandusy was doing and not only didn't he - at the very least - fire him (let alone reporting him and his bogus charity to the authorities), he managed to look him in the eye and work with him every day! Are you really THAT kind of person? Anyone who knew about Sandusky's vile activities and did nothing are just as guilty and just as answerable. It still blows my mind that Penn State alumni and Ohioans continue to sing Paterno's virtues. He let so many little boys suffer just so that he'd be the 'winningest coach'. What a bastard.
Many have asked how could Sandusky get away with it for so many years? Answer is simple; Sandusky got himself surrounded by people like Pandora.
@Pandora,
You are absolutely full of crap! The Freeh Report is NO evidence at all. The Free Report was commissioned by the Board of Trustees to define how serious a problem it was and how the Board of Trustees should handle it. It was NEVER a law enforcement investigation and was NEVER considered anything except an advisory report for the Board of Trustees. And the first recommendation was that the BoT all resign because they had completely failed in their oversight responsibility.
What the Free investigators DID find was that there was widespread knowledge of Sandusky's activities going back 12 years or so. And that no one did a single thing to protect the children, to stop Sandusky, or to prevent future new victims. They did, however, fire the Vice-President for Stiudent Affairs who complained to Spanier about the Three Stooges (Paterno, Curley and Schultz) stopping the academic and law enforcement disciplinary processes and covering up athlete misconduct --- notably more than 20 rape complaints against athletes. She also complained that the "student athletes" were not academically eligible to be students. McQueary was "black-listed" for telling the truth. In fact, he was offered a permanent assistant offensive coaching position if he would recant. The BoT ignored the Freeh Report completely.
But what the Free people did was to turn over all evidence --- which included thousands of emails and hundreds or interviews to prosecutors. Most of the most damning evidence that Freeh found was NOT included in the report at the request of law enforcement.
Currently there are at least eight investigations ongoing and at least two new ones (having to do with a child abuse "club" involving Sanusky and at least two wealthy alums) starting up. No evidence has yet been presented from these investigations, but the indications are that many more than the "Big Four" will eventually be indicted. So far, also every victim has rejected settlement offers as well as others who were fired to protect Paterno.
At this time the Pennsylvania taxpayer is paying the full salaries of Spanier, Curley, and Schultz. They are paying full retirement to Curley, Pateron's family, and Sandusky. They they are paying all their legal expenses. But not a stinking dime to the victims. That would be horrible to people like you who stick up for child abusers, wouldn't it.
I believe that along with Sandusky, Spanier, Curley and Schultz need to be improsoned for long stretches. Spanier was a social scientist who claimed to be an expert on "family issues" and "family sexuality (including swinging.)" But in TWELVE years, these criminals (ncluding Paterno) knew about Sandusky and never once inquired about the victims or did anything to stop Sandusky or prevent future victims. In that they are as culpable as Sandusky. They aided and abetted Sandusky in his rape of little boys. And people like you are culpable as well. I certainly would not like to see someone like you involved with young men since you obviously approve of Sandusky's activities and covering them up.
I will be always convinced that Penn State as an institution should not have been punished for any of this. The people who were in charge and knew about this and hid it should be punished. This way next time someone in charge thinks about hiding criminal activity like this, will have to deal with the consequences.
Hang 'em high!
"We lied but since it was so long ago how about just letting it go". You bet! We will let it go to trial.
Whooeee! Talk about irony. Sure be funny if these tools end up getting "Sanduskied" in prison. Can't say they wouldn't deserve it.
McQueery should be in jail. He is the only witness. Why is he getting off??? Paterno only knew that McQueery said "something" was going on - which he reported and was told it was investigated. The Freeh report is a joke.
Nic------ If it was your kid you wouldn't see it that way. Why do you defend these people?
Why didn't the parents put an end to this sooner?
Maybe, just maybe because they trusted Paterno and Sandusky and Pedo State?
They are NAMBLA directors.
How can the statute of limitations have passed when the
abuse continued on for years??? They KNEW about it and NO ONE it is stupid
enough to think it just stopped. These people should be sharing a jail cell and
later a prison cell next to men called BUBBA!!!
Let's get this right! One has retired,which means in lieu of being fired andlosing a portion of his retirement fund,he instead was allowed to retire and keep 100% of his retirement package.The other is on leave which allows him to continue to build his retirement funds until the day is either forced to retire or convicted of a crime.Either case,he will retire just before any conviction,therein preserving,in full,the maximum retirement benefits. Both are likely having their legal expenses paid for the Penn State.So far,where is the suffering?None! This will be the same throughout this entire process,as Penn State keeps everyone in ranks while they quietly settle with everyone.How much are the Citizens of the State of Penn going to pay just to keep their football team alive and mostly harm free from NCAA.So far the NCAA hasn't done a damn thing in relationship to the damage this athletic program has caused.Penn State should have been made to close down all sports events until further notice.They don't give a damn about these these abused children.Next thing you know,there will be reports on these kids and how much trouble they have been recently!Really! Thing it might be related?
"The judge indicated that he will issue a separate ruling on that motion, in which Shultz and Curley argue that the statute of limitations has expired."
They knew and did nothing! Shame on them and I hope they are held accountable for their "lack of action" to protect innocent children!
If they are found guilty I hope that Penn State would try to rescind their retirement and stop all payments to any family members. They need to be held accountable!
Joe knew. These dudes knew. The unasked question is did they participate with Sandusky in the rape of the victims?
Nice try fellows.
What a couple of $hit heads! They essentially said the following:
Excuse us Judge please, we're important guys. We thought it was okay that Sandusky our good good friend was well you know playing with kids. Won't you give us a break?
Thankfully the Judge's reply was NO!
How is their football team, the Penn State Pedos, doing so far this season? They have lost every game for the past ten seasons so they can only go up from there!
Both of these guys are lower than a dung beetle slithering through a mound of crap. They should be prosecuted to the full extent of the law - and then some. We have way too many people in the world who believe that power, position or wealth confer exemption from the laws that bind everyone else.
JoshBragooon, MSU fan shut the fuzzzz up
PSU=Pedophile State University
I hope all of them FRY.....by protecting and keeping silent, they all allowed this to go on for YEARS......
Many people will be watching this to see if there is any indication that Joe Paterno hid anything in this case. So far the media and the Louis Freeh Report have written nothing but lies and innuendo. Proof is not something they have. All these liars who unmercifully and ruthlessly scuttled Joe Paterno will be exposed for the frauds they are. I hope the Paterno family sues Penn State for so much they shut down the school. Of course the Paterno family will not sue but they are owed one huge apology. Now do not write back a bunch of crap I will not read as I am moving on after posting this. Lets just let the facts present themselves at these trials. Just watch and see.
hahahhahah...did moe and curley help you write this, cause you gotta be a stooge.