Attorneys for the two former Penn State administrators accused of lying to a grand jury about what they knew of abuse allegations against Jerry Sandusky will argue to have their clients’ cases dismissed during a hearing Thursday in Harrisburg.
The case against Tim Curley and Gary Schultz will see its first court date since December, but the two Boalsburg men will not attend the hearing at 9 a.m. in the Dauphin County Courthouse.
The judge is allowing three hours for oral arguments.
Curley and Schultz are charged with perjury, accused of lying to the grand jury investigating the sexual abuse allegations against Sandusky. They are 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.
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The attorneys for Curley and Schultz have maintained that their clients are innocent.
The hearing is expected to see attorneys 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 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 month 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