Attorneys for The Second Mile charity and another central Pennsylvania school district want a judge to void subpoenas from Jerry Sandusky’s defense attorney that request information about the alleged victims.
Tuesday, The Second Mile filed a motion to quash the subpoena the charity received April 10.
The subpoena asks for records about Sandusky and the alleged victims, most notably from the charity’s internal investigation that’s being done by a former Philadelphia prosecutor.
Also Tuesday, the Lewistown-based Mifflin County School District filed a motion to quash a subpoena it received April 13 seeking IQ tests, attendance records, psychological evaluations, grade reports and other records pertaining to alleged victim No. 9.
Those objections came a day after the Lock Haven-based Keystone Central School District asked the judge to throw out a subpoena it received for school records pertaining to alleged victim No. 1.
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Prosecutors in the case have asked Senior Judge John Cleland to make the defense stop issuing such subpoenas and withdraw them, calling their use a “fishing expedition.”
Attorney Joe Amendola has until Thursday morning to respond to the prosecutors’ motion, and he said Tuesday he would respond to the school districts and Second Mile requests.
The defense’s subpoena to The Second Mile asks that Dave Woodle, the vice chairman of the charity’s board who is overseeing the day-to-day operations, provide the documentation and testify in court on May 16. Woodle took over after the resignation of CEO Jack Raykovitz in November.
Among the subpoena’s requests: records of certain former Second Mile participants whose names were redacted in the motion, complaints filed by the participants against Sandusky, financial records between the charity and a person whose name was redacted, and records that reflect “special guests” Sandusky was allowed to invite to a retirement party.
In addition to records of the charity’s internal review, the subpoena requests records about the charity’s property that were turned over to prosecutors, state police, Penn State’s investigation by Louis Freeh, and also documents requested by insurance carriers.
In its motion, The Second Mile asked to join Keystone Central’s efforts.
The attorneys for the Mifflin County School District wrote that the records are protected by various state and federal laws. They’re asking the judge to throw out the subpoena on the grounds that the information is protected by statutes such as the Family Education Rights and Privacy Act, or FERPA, and the Health Insurance Portability and Accountability Act, or HIPAA.
The young man identified by prosecutors as alleged victim No. 9 told the grand jury he met Sandusky, a former Penn State assistant football coach, at a Second Mile camp around 2004.
He testified that Sandusky gave him gifts, including money, and took him to football games, and that he stayed overnight at Sandusky's home where he was told to sleep in a basement bedroom and had “barely any” contact with Sandusky’s wife, Dottie.
The young man testified that what he first took as affection from Sandusky — hugging, tickling, cuddling — became sexual assaults that went on for years.
“I took it at first he was just a nice guy, like he went to church every weekend, his kids would come over every once in a while and stuff,” the alleged victim was quoted as saying in the presentment. “And after a while, like, he got used to me and stuff and started getting further and further, wanting — to touchy feely.”
Those allegations prompted Dottie Sandusky to speak up publicly for the first time. In a statement Dec. 7, she denied the allegations against her husband and said no children who stayed at her house were in harm’s way.
Sandusky had a phone conversation with alleged victim No. 9 on Nov. 9, 2011, five days after the charges were released by the state attorney general’s office. Amendola said the Sanduskys were trying to find support for the defense, and as it turns out, that conversation was recorded by investigators.
Sandusky has denied the allegations and maintains his innocence. He is awaiting trial that’s scheduled to start with jury selection June 5.
Mike Dawson can be reached at 231-4616.