Tim Curley is no longer facing perjury charges.
On Thursday, Berks County Senior Judge John Boccabella, specially presiding in Dauphin County court, granted a request from the Office of Attorney General to quash the perjury charge against Curley, the former Penn State athletic director.
This leaves only one charge standing against him, stemming from the grand jury testimony that resulted in charges and a subsequent conviction of retired Nittany Lions football defensive coordinator Jerry Sandusky. Curley is still facing one count of failure to report suspected child abuse.
According to a motion filed by the OAG Wednesday, Curley’s camp did not oppose the filing.
The move comes after the state Superior Court quashed charges of obstruction and conspiracy in January and the OAG subsequently announced its intent not to appeal that decision.
“It is clear from the Superior Court’s rationale (in other rulings) that the Superior Court also intended to quash the perjury charges...,” the motion read.
Boccabella did not elaborate on the request.
No dismissals were filed for Curley’s co-defendants, former Penn State president Graham Spanier and former vice president Gary Schultz. They also face failure to report charges.
However, also on Thursday, Schultz’s attorney filed a motion seeking to head off a conspiracy charge after the OAG filed a motion to amend the case, arguing a conspiracy to endanger the welfare of children existed between the three men.
Attorney Thomas Farrell said there is “no evidence suggesting that any conduct in furtherance of a conspiracy occurred after 2001,” putting a conspiracy charge outside the statute of limitations.
Sandusky was convicted of 45 of 48 counts of various child sex abuse crimes in 2012, in a case that created national headlines. Curley, Schultz, Spanier and late longtime coach Joe Paterno, who was also fired in the uproar, were identified as culpable in a Penn State-commissioned independent investigation by former FBI director Louis Freeh. That report was then cited by the NCAA in its historic sanctions against the university, sanctions which have since been repealed.
Sandusky maintains his innocence and is pursuing a new trial in his Post-conviction Collateral Relief Act petition, which is ongoing.