Mike McQueary lawsuit awaits judge’s decision

McQueary’s lawyers seek speedy trial; PSU attorneys say criminal trials should play out

mmorgan@centredaily.comNovember 16, 2012 

— Judge Thomas Gavin will issue a ruling regarding Penn State’s request for a stay in the next two weeks regarding Mike McQueary’s whistle-blower lawsuit against the university.

This decision was reached Friday after a hearing in which the judge heard arguments from both sides. McQueary was not present.

Nancy Conrad, an attorney for the university, presented a seven-point argument mostly centered on the criminal trials of former Penn State administrators Graham Spanier, Tim Curley and Gary Schultz. The three men are scheduled for a preliminary hearing Dec. 13.

Conrad also said there is no risk that evidence will be destroyed as everything has been preserved, McQueary will not suffer more harm if the stay is granted, and it would make for a smoother trial if the stay is granted now rather than later.

McQueary’s attorney, Elliot Strokoff, said a delay would infringe on his client’s right to a speedy trial. The former assistant coach is alleging that he was made a scapegoat by the university in relation to the Jerry Sandusky child sex abuse scandal, tarnishing his reputation and impairing his ability to find work as a football coach. Sandusky was convicted on 45 counts in June.

“I don’t think that there’s any legitimate reason why we cannot proceed,” Strokoff said.

He added that, at this time, he has no intention of deposing Spanier, Curley or Schultz.

Gavin raised concerns that the trial and appeals process for the criminal cases could take months or even years, stalling the civil case indefinitely, but gave no indication of how he will rule on the request.

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