McQueary withdraws motion after Penn State response

Mike McQueary’s attorney is withdrawing a motion.

In a document filed in Centre County court on Monday but dated last week, Elliot Strokoff asked the Prothonotary’s Office to withdraw as moot the Oct. 9 motion to determine the sufficiency of Penn State’s response for admissions.

McQueary, the former Nittany Lions football assistant coach whose testimony was key in the Jerry Sandusky child sexual assault grand jury and criminal trial, is suing the university under whistleblower laws.

In the October motion, McQueary’s camp claimed the university’s answers “did not fairly meet the substance of the requested admissions,” and that the two sides were at an impasse in their attempts to resolve the situation. Strokoff asked for a “judicial determination” of the genuineness and authenticity of the response.

According to the new documents, the withdrawal came in response to the Dec. 14 documents served via email, a second supplemental response to the plaintiff’s second request for admissions.

McQueary’s case was originally filed in October 2012, almost a year after Sandusky’s arrest and four months after his conviction on 45 of 48 counts of child sexual abuse charges.

McQueary famously testified to the most graphic incident in the case, the allegations of the assault of a young boy, officially known as Victim 2, in the showers by the then-retired Sandusky. Although it is arguably the most well-known incident of the heavily publicized proceeding, Sandusky was not convicted of the related involuntary deviate sexual intercourse charge.

This story was originally published December 21, 2015 at 3:13 PM with the headline "McQueary withdraws motion after Penn State response."