The Pennsylvania Office of the Attorney General wants to see Graham Spanier go to jail.
In a sentencing memorandum filed by Chief Deputy AG Laura Ditka and Deputy AG Patrick Schulte on Wednesday, the prosecution laid out recommendations for punishment for the former Penn State president convicted in March of one count of misdemeanor child endangerment for his role in the Jerry Sandusky sex abuse scandal.
“Nothing short of a sentence that includes a period of jail time would be an appropriate sentence for Graham Spanier,” the prosecution wrote.
Spanier will be sentenced Friday in Dauphin County court along with former athletic director Tim Curley and former vice president Gary Schultz, both of whom entered guilty pleas to the same charges two weeks before Spanier’s trial and subsequently testified against him. Spanier was acquitted of conspiracy.
“The sentencing goals of deterrence, protection of the community and retribution can only be achieved by a jail sentence in this matter,” wrote the OAG.
Sentencing guidelines for the charge include “restorative sanctions” on the low end to as much as a year in jail for aggravated offenses.
Spanier’s attorneys submitted a response that included a request to consider his health, detailing five surgical procedures in the past year, advanced prostate cancer and “imminent open-heart cardiac valve replacement.” He requested probation and community service.
The prosecution did not lay out a specific request for Curley. Ditka did say in questioning him during the trial that while sentencing was not a part of his plea agreement, the potential for house arrest due to ongoing medical problems was a possibility.
In the memorandum, Ditka and Schulte take aim at Curley’s testimony that he did not remember some details.
“The commonwealth’s position is that Curley’s testimony in the Spanier trial was designed to protect those who deserved to share blame with Curley for the decisions that led to the colossal failure to protect children from (retired Penn State defensive coordinator Jerry) Sandusky,” the document said. “His ‘forgetfulness” also allowed him to save face in a room full of supporters who publicly called this trial a ‘witch hunt’ and fraudulent prosecution.”
In his own filing, Curley responded saying that he testified “consistently with his proffered testimony and answered all questions to the best of his ability.” He asked for no more than two years probation with community service.
Prosecutors also say Schultz should be given credit for “willingness to accept responsibility” but “needs to answer for his failure to protect the welfare of Sandusky’s victims.”
Schultz’s response suggests probation and offers a list of State College-area charities where he could perform community service.
Sandusky was convicted in 2012 of 45 of 48 counts of child sex abuse crimes relating to 10 different boys.