The superintendent of Keystone Central School District was subpoenaed in April by Jerry Sandusky’s defense attorney for dozens of school records relating to the Clinton County boy whose report to authorities started the grand jury investigation into the former Penn State coach.
The defense wants the boy’s IQ tests, discipline records, grade reports, attendance records and even psychological reports. Prosecutors in the case called the use of the subpoena and others like it a “fishing expedition.”
Now, the Clinton County school district is seconding that.
On Monday, an attorney for Keystone Central filed a motion in Centre County Court asking the judge overseeing the case to deny the defense’s subpoena or issue an order that protects the young man’s privacy.
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Attorney David Lindsey argued that the defense’s subpoena requests confidential or privileged information that Sandusky doesn’t have a right to have. Further, Lindsey argued, the defense hasn’t provided any legal basis for why it’s issuing the subpoenas.
The April 9 subpoena to Keystone Central Superintendent Kelly Hastings said she would testify in Centre County’s main courtroom at 10 a.m. May 16 if she didn’t provide the information before then. She was even warned to be careful to not release the name of the young man to which the records pertain.
May 16 had been scheduled as an attorneys-only conference with Senior Judge John Cleland.
Cleland said Monday in an order that Amendola has until Thursday morning to respond to the prosecution’s original request to stop him from issuing subpoenas like the one to Keystone Central.
Cleland said he’ll make his decision after the pleadings or may require oral arguments later.
Last week, Amendola said he planned to respond to the prosecution’s motion, and in an email Monday, Amendola said he’d respond to Keystone Central’s motion “in due time.”
The young man at the center of this round of back-and-forth between the defense and the prosecution is identified in the grand jury presentment as alleged victim No. 1. The grand jury heard testimony that as a boy, he was subjected to repeated sexual abuse over several years.
The boy’s mother reported the alleged abuse to the district, whose officials reported it to authorities.
The subpoena to Keystone Central was in the prosecution’s strongly worded motion last week asking Cleland to stop the defense from issuing the subpoenas and force them to explain the subpoenas’ relevance to the case.
The filing showed that Amendola sent subpoenas to state police Commissioner Frank Noonan asking for state police records on the alleged victims and to Penn State police for documents relating to eight of the alleged victims as well as documents relating to the third-party investigation commissioned by Penn State.
In addition, Amendola subpoenaed the state Department of Labor and Industry for the alleged victims’ unemployment claims.
Sandusky, 68, remains on house arrest awaiting trial scheduled for June. He maintains his innocence.
Amendola has been steadfast in his argument that the allegations against his client are too vague and make it difficult to prepare for trial.
The subpoena isn’t Amendola’s first attempt to get documents like the psychological reports, which the prosecution has maintained the defense is not entitled to have as part of pretrial discovery.
In February, Amendola filed a motion to have the prosecution turn over psychological reports and police investigative reports, and he asked again in March as part of an all-encompassing pretrial motion.
Mike Dawson can be reached at 231-4616.