The state Attorney General’s Office answered Graham Spanier’s motion to compel pretrial discovery with a hint of legal snark.
Spanier is charged with perjury, conspiracy and related offenses arising from his grand jury testimony in the Jerry Sandusky child sex abuse scandal. The former Penn State president, fired the same November 2011 day as former head football coach Joe Paterno, asked the court in a motion last month to force the office to release all discovery materials.
In documents released Thursday by the Dauphin County Courthouse, the state denied Spanier’s claims that additional discovery materials exist, and the documents made the prosecution’s annoyance clear.
“The mere fact that ‘numerous discovery requests’ have been made but no materials exist with which to respond to such requests does not ‘strain credulity,’ ” the prosecution stated. “Moreover, defense counsel’s incredulity is not a basis to compel discovery.”
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One key part of Spanier’s request, and subsequent requests from co-defendants and former Penn State administrators Tim Curley and Gary Schultz, was a belief that emails previously thought to have been erased or unreadable were now available.
“It is denied that recovery of emails during the time of the investigation renders them material or discoverable,” the prosecution replied.
The Attorney General’s Office claims the emails are work product that does not need to be turned over to the defense.
The filing, “respectfully submitted” under Attorney General Kathleen Kane’s name, was signed by Chief Deputy Attorney General James P. Barker.
Documents were also submitted on Schultz’s case citing the same responses.