A judge has ruled for the prosecution in denying motions from former Penn State president Graham Spanier and two other former executives this week.
Spanier, former athletic director Tim Curley and former vice president Gary Schultz are facing criminal charges of perjury, obstruction of justice, endangering the welfare of children and conspiracy in Dauphin County related to the Jerry Sandusky child sex abuse scandal.
In September, the three separately filed motions with the court asking that the state Attorney General’s Office, which is prosecuting the case, be forced to produce discovery documents. Among those specifically sought were emails previously thought to have been erased that the defendants thought had been recovered by prosecutors.
Last week, the Attorney General’s Office filed a formal response to that motion, saying no additional discovery exists, whether the defendants believe that or not.
“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 filing read. “Moreover, defense counsel’s incredulity is not a basis to compel discovery.”
Judge Todd Hoover agreed with the prosecutors. He filed an order denying the motions “in that no basis exists upon which the court may conclude that the (c)ommonwealth withheld production of discoverable material.”