Victim 6 lawyers seek to compel Penn State to turn over documents

mdawson@centredaily.comFebruary 6, 2014 

Penn State has challenged the motion filed by lawyers for a Jerry Sandusky victim to require the university to hand over myriad documents as part of the discovery phase of a civil lawsuit.

The lawyers for Penn State and the young man known as Victim 6 will discuss their dispute during a conference with the judge presiding over the case, Anita Brody, according to a court order Thursday. The meeting in her chambers in Philadelphia is set for 2 p.m. Feb. 18.

The young man’s lawyers previously requested what amounted to millions of pieces of documentation and information they said is necessary to litigate the case. Their requests included notes and other information used to compile the Freeh report, documents the university provided to the grand jury investigating Sandusky and information about Penn State police’s 1998 investigation of Sandusky.

Penn State has objected to the requests and has not turned over anything, and that’s what prompted the young man’s lawyers in January to file the motion to compel the discovery requests.

The university’s lawyer opposed the motion for several reasons and asked Brody to deny it.

The requests would burden the university and are “vexatious, unlimited and overly broad,” the Penn State lawyer said. Further, Penn State said the information is “not reasonably likely” to lead them to admissible evidence for the case.

Other requests cannot be fulfilled because the materials are protected by attorney-client privileges, the university lawyer said.

The young man’s lawyers had asked Penn State create a list of items that would be protected from disclosure, but Penn State said its objections must be checked before its lawyers are tasked with reviewing every single document to see whether the privilege applies.

Penn State has unsuccessfully tried three times to have the case put on hold, most recently in the fall. At that time, the university asked for a stay on the entire discovery process. Brody said Penn State could ask for a stay on specific discovery requests, though none of those have come across her desk.

The young man was not among the 26 men who settled with Penn State their claims that they were abused by Sandusky.

The young man testified at Sandusky’s trial last summer, saying he was 11 when Sandusky forced him to shower with him after a workout on campus. The young man said it made him feel uncomfortable and that he blocked it from his memory.

Sandusky was acquitted of the most serious count, indecent assault, pertaining to the Victim 6 case, but the jury convicted the former coach of corruption of minors, child endangerment and unlawful contact with minors.

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