Jerry Sandusky Scandal

Judge denies appeal for Curley, Schultz, Spanier

Pennsylvania State Police commissioner Frank Noonan talks about charges against former Penn State president Graham Spanier and additional charges against former vice president Gary Schultz and athletic director Tim Curley during a news conference at the Pennsylvania State Capitol Building in Harrisburg in 2012.
Pennsylvania State Police commissioner Frank Noonan talks about charges against former Penn State president Graham Spanier and additional charges against former vice president Gary Schultz and athletic director Tim Curley during a news conference at the Pennsylvania State Capitol Building in Harrisburg in 2012. Centre Daily Times, file

A last-minute appeal will not stop a long-delayed trial from happening.

On Tuesday, Berks County Senior Judge John Boccabella signed an order denying a motion from attorneys for three Penn State officials that could have sent their cases back to a higher court.

Former university president Graham Spanier, former vice president Gary Schultz and former athletic director Tim Curley asked the court to certify an interlocutory appeal that would have allowed an immediate Superior Court review of a Feb. 1 order by Boccabella regarding child endangerment and conspiracy charges.

The three men are facing trial in Dauphin County six years after they gave testimony to an investigating grand jury that recommended child sex abuse charges against retired Nittany Lions defensive coordinator Jerry Sandusky.

The case has dragged for years, going into and out of various motions and appeals. It is slated to finally head into a courtroom for jury selection March 20.

Boccabella’s order gave no opinion, merely noting that the request was denied.

Boccabella took the case over in 2016 after Dauphin County President Judge Todd Hoover first stepped aside for medical reasons in April, retired in June and then died in August.

Sandusky was convicted for 45 of 48 counts in June 2012 and is serving a 30 to 60 year sentence at Greene state prison. He maintains his innocence and is pursuing a Post-conviction Collateral Relief Act petition for a new trial.

Lori Falce: 814-235-3910, @LoriFalce

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