Lawyer for alleged Jerry Sandusky victim files motion to keep federal suit alive, blasts McQuaide Blasko, Wendell Courtney

For the CDTFebruary 5, 2013 

— The lawyer for an alleged Jerry Sandusky victim is critical of a State College law firm for the wording in a motion seeking to be dismissed from a federal lawsuit in which it is one of the defendants.

Don Bailey, a former state auditor general, objects to his complaint being described by McQuaide Blasko as a “virtually incomprehensible rant” and part of an “opportunistic agenda.”

In a brief filed Monday in U.S. Middle District Court in opposition to the dismissal motion, Bailey states in his view “PSU could not have conducted, and its leaders would not have allowed, the unfortunate policies which permitted the abuses of Gerald Sandusky without advice from this defendant (McQuaide Blasko).”

Bailey, who is representing a Dauphin County native who claims he was sexually abused in a campus swimming pool in 2005, contends the law firm’s brief in support of its motion to dismiss opens with “a put-down” of his client by turning a sexual assault into a “briefly touched” incident.

He accuses McQuaide Blasko of running political interference for the university for many years and added “they did so with admirable success.” He specifically cites Wendell Courtney, a former member of the firm and a defendant in the suit.

Bailey alleges Courtney was directly involved in advising and directing the policies of the Penn State administration in regards to the Sandusky scandal and “worked hand-in-hand with the individual defendants, Spanier, Curley and Schultz.”

Former President Graham Spanier, on-leave athletic director Tim Curley and retired senior vice president Gary Schultz are among the defendants in the civil suit and also are facing criminal charges in the Sandusky scandal.

Bailey’s brief accuses Courtney of what is described as “the already rather well-established cover-up which took place at Penn State.”

Bailey uses his brief to tout his long support of Penn State. He claims that since 1982 when he was in Congress, the university has received more than $120 million because of his efforts.

Other defendants are Sandusky, Penn State, The Second Mile charity founded by Sandusky and Edgewater Psychiatric Center in Harrisburg.

The complaint claims the alleged victim, identified as John Doe, was referred to The Second Mile by Edgewater. The psychiatric center has predicted it will be dismissed from the case once it provides records sought by the victim.

Sandusky is serving a state prison sentence of 30 to 60 years after being convicted of sexually molesting 10 boys over a 15-year period.

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