Will Tim Curley and Gary Schultz ever have a day in court? Right now, that question is in the hands of state judges.
The Dauphin County Court cases against the former Penn State executives accused of perjury and conspiracy in the wake of the Jerry Sandusky child sex abuse case have been dragging on for years. The current legal troubles for Curley and Schultz started after they testified to the grand jury and were initially charged in 2011.
On Wednesday, Dauphin County Judge Todd Hoover denied a motion for each of them while simultaneously granting another.
The motions, entered by the defense attorneys in February, asked Hoover to certify an interlocutory order for appeal in the cases. Both men simultaneously filed notices of appeal in the Pennsylvania Superior Court and applications for extraordinary relief to the state Supreme Court.
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As of Thursday, neither of those higher courts had acted on the appeals.
Hoover denied those interlocutory orders, which are temporary, with final order being the jurisdiction of the appeals court.
Hoover wrote that he did not find the defendants’ arguments “persuasive” and that the challenge did not “constitute a substantial ground for difference of opinion.”
The judge did, however, grant another motion for supersedeas, which would be part of the decision moving to a higher court.
Curley’s attorney, Caroline Roberto, said the supersedeas acts as a stay in the case.