Prosecutors OK with Tim Curley, Gary Schultz trial delay

mdawson@centredaily.comNovember 7, 2012 

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    The judge presiding over former Penn State assistant coach Mike McQueary’s whistleblower lawsuit against the university has rescheduled a court hearing over staying the case for Nov. 16.

    Penn State asked the judge to put a hold on the case until criminal cases against university leaders are finished, but McQueary’s attorney objected to a stay.

    Attorneys will give oral arguments at 11 a.m. in courtroom No. 2 of the Centre County Courthouse.

    McQueary is suing Penn State for millions of dollars, accusing the university of defaming him and making him a scapegoat. In his suit, McQueary said he cannot earn a living being a football coach.

    The hearing was previously scheduled for earlier this month, but it was delayed because of Hurricane Sandy.

    Nov. 16 is the same day Penn State’s board of trustees is scheduled to have a meeting.

— The prosecutors in the perjury case against former Penn State administrators Tim Curley and Gary Schultz are not objecting to the defense attorneys’ motion to delay the trial set for January.

Prosecutors filed court papers Monday in Dauphin County that responded to the defense attorneys’ request for a delay last month. The defense said they wanted more time to go through a large amount of materials turned over to them by the prosecution in the pretrial discovery process and were waiting for other pretrial motions to be resolved.

Prosecutor Bruce Beemer wrote that given last week’s indictment against former Penn State president Graham Spanier and the new charges against Curley and Schultz filed last week, state officials want one trial for all three men. Beemer said he would file a motion to that effect.

That likely would push a possible trial well into 2013, as the defendants have yet to go through their preliminary hearings on the new charges.

Judge Todd Hoover had not ruled on the motion as of Wednesday afternoon.

The trial is scheduled to start with jury selection Jan. 7.

Spanier, Curley and Schultz face perjury, obstruction of justice, conspiracy, child endangerment, failure to report abuse and conspiracy charges.

The attorneys for all three men have said their clients are innocent.

Spanier was in a Dauphin County district court Wednesday morning for his arraignment.

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