Superior Court strikes down Curley, Schultz appeals

From CDT staff reportsJune 18, 2013 

The state’s Superior Court denied on Tuesday appeals by the lawyers for two former Penn State administrators facing obstruction of justice charges from the grand jury investigation into Jerry Sandusky.

The lawyers for former athletic director Tim Curley and retired vice president Gary Schultz appealed the decision of Barry Feudale, the judge overseeing the grand jury, to throw out the presentment that outlines the allegations against the two men. Feudale said in his order in April that he did not have that jurisdiction.

Attorney General Kathleen Kane moved to have the Superior Court appeal thrown out, arguing that the appeal of a matter related a grand jury must be made to the state’s Supreme Court.

The Superior Court’s order agreed with Kane, saying the Supreme Court is “exclusive jurisdiction” for appeals of grand jury matters.

The lawyers for Curley and Schultz did appeal to the Supreme Court, but their appeal was denied earlier this month.

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