A Dauphin County judge will hear arguments next month about defense requests to throw out the perjury and failure to report abuse cases against former Penn State administrators Tim Curley and Gary Schultz.
Curley and Schultz are not expected to attend the hearing at 9 a.m. Aug. 16 at the Dauphin County Courthouse in Harrisburg.
The judge is allowing three hours for the hearing, which will be the first time the case goes to court since the preliminary hearing in December.
Curley and Schultz are charged with perjury, accused of lying to the grand jury investigating the sexual abuse allegations against former Penn State defensive coordinator Jerry Sandusky. They’re also charged with failing to report abuse stemming from an incident in 2001, when they were told about Sandusky being seen with a boy in a shower by then-graduate assistant Mike McQueary.
Curley and Schultz have maintained they are innocent.
Specifically, the judge will address the following pretrial motions by the defense attorneys:
• motions to throw out count one, the perjury charge, and count two, the failure to report charge;
• a request for a bill of particulars about the alleged false statements made under the oath; and
• motion to preserve notes of all witness interviews and other items.
The attorneys have asked the judge to toss out the failure to report abuse charge, a summary offense, because they say the statute wasn’t in place at the time and that statute of limitations would’ve expired.
Curley and Schultz were mentioned in the scathing Freeh report released last week that blames the two, plus former head coach Joe Paterno and former university president Graham Spanier, for concealing abuse allegations against Sandusky in 2001.
The report revealed emails between Curley, Schultz and Spanier about responding to the report by McQueary.
The attorneys for Curley and Schultz, Caroline Roberto and Tom Farrell, respectively, have said the Freeh report is limited because it lacked subpoena power.
Roberto and Farrell have said their clients look forward to their day in court.
Mike Dawson can be reached at 231-4616. Follow him on Twitter @MikeDawsonCDT