Paterno family asks judge to force NCAA to hand over material

mcarroll@centredaily.comApril 14, 2014 

NCAA Emmert


Lawyers for Joe Paterno’s family think NCAA officials are dragging their feet on requests for documentation the family has made in its civil lawsuit against the organization, and the attorneys want a judge to step in.

The Paterno family has asked a judge to force the NCAA, its president Mark Emmert, and Edward Ray, former chairman of the executive committee, to hand over discovery materials without further delay.

Attorneys wrote in the motion, filed Monday in Centre County, that the NCAA has produced documents pertaining to “at most” four of the Paterno family’s 30 requests, while Emmert and Ray haven’t handed over anything.

The Paterno family is seeking documentation about Penn State and its Freeh investigation and the response of the NCAA and the consent decree.

The Penn State-commissioned internal investigation of the Jerry Sandusky child sexual abuse scandal concluded that Paterno and other top administrators knew of allegations against Sandusky and covered them up.

Paterno family attorneys first filed the discovery request in mid-January, and the sides met for two conferences in March to discuss the scope of the request, a possible timeline for the NCAA to hand over the documents and objections the organization has.

In the motion filed Monday, the Paternos’ attorneys asked a judge to compel NCAA officials to hand over documents to which there currently are no objections and to identify what they are willing to produce and what they aren’t and why.

The motion also lays out what the Paterno family has received. In March, the NCAA produced 16 documents, mostly copies of files the Paterno family “obviously already possessed,” such as correspondence, the motion said. In April, the NCAA provided a disc containing copies of emails to Emmert.

Matt Carroll can be reached at 231-4631. Follow him on Twitter @Carrollreporter.

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