Mike McQueary asks court to deny Penn State's motion to delay lawsuit

mcarroll@centredaily.comNovember 1, 2012 

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Mike McQueary enters the Bryce Jordan Center during "A Memorial for Joe" on Thursday, January 26, 2012. Christopher Weddle

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Attorneys for Mike McQueary are asking that a judge deny a motion Penn State filed to delay a lawsuit the former coach filed against the university.

Harrisburg-based attorney Elliot Strokoff, representing McQueary, filed a motion Thursday in Centre County court asking that the lawsuit be allowed to continue.

Penn State earlier this month asked for a stay, arguing that the university “would be severely prejudiced” if the suit were allowed to move forward while the criminal proceedings against former athletic director Tim Curley and retired senior vice president Gary Schultz are ongoing.

In their response, McQueary’s attorneys argue the trial for Curley and Schultz, scheduled to begin in January, is itself subject for continuance and that appeals could last years.

Curley and Schultz are facing charges of perjury for testimony they gave to the grand jury investigating Jerry Sandusky and for failure to report child abuse. They are scheduled to stand trial in January in Dauphin County court.

In 2001, McQueary walked in on Sandusky naked in a campus shower with a boy. He reported the incident to head football coach Joe Paterno and later discussed it with Schultz and Curley. They maintain their innocence, and their attorneys have raised questions about what exactly McQueary told them.

McQueary, whose contract ended with the university in June, filed a suit asking for $4 million in lost wages along with compensation for legal costs. He says mistreatment by the university has damaged his reputation and cost him that much in future earnings.

His suit singles out Schultz, Curley and Graham Spanier, the former university president. The suit said Curley and Schultz left McQueary with the impression that they thought his report was a “serious matter” and “that appropriate action would be taken.”

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