Jerry Sandusky Scandal

Curley asks judge to modify incarceration sentence due to health issues

Former Penn State administrator Tim Curley arrives at  District Court for his arraignment Friday, Nov. 2, 2012 in Harrisburg, Pa.  Curley, Penn State athletic director on leave and Gary Schultz, retired vice president for business and finance for Penn State, were arraigned Friday on new accusations they hushed up child sexual abuse allegations against former assistant football coach Jerry Sandusky.
Former Penn State administrator Tim Curley arrives at District Court for his arraignment Friday, Nov. 2, 2012 in Harrisburg, Pa. Curley, Penn State athletic director on leave and Gary Schultz, retired vice president for business and finance for Penn State, were arraigned Friday on new accusations they hushed up child sexual abuse allegations against former assistant football coach Jerry Sandusky. AP

Tim Curley is asking to have his sentence modified.

In a filing Wednesday, the former Penn State athletic director who pleaded guilty to child endangerment in March asked a Dauphin County court to permit him to serve out his incarceration through house arrest and work release.

On June 2, Berks County Senior Judge John Boccabella sentenced Curley to seven to 23 months of incarceration, with three months behind bars and four months on house arrest with an electronic monitoring device, followed by two years of probation.

A week later, Curley submitted a motion to modify based on his medical condition. According to court documents, Curley suffers from incurable lung cancer and liver damage that “makes him susceptible to infection and illness.”

The new filing is an addition to that motion and indicates that a recent oncology appointment led to “additional medical information” detailed in a letter that is not in the publicly available records.

Prosecutors did not oppose the motion, with Chief Deputy Attorney General Laura Ditka writing in her own filing June 16 that she would “respectfully defer to the discretion of the court.”

Former Penn State vice president Gary Schultz, who also pleaded guilty to child endangerment, filed a request for reconsideration of his sentence on June 17. He was sentenced to two months of jail with four months electronic monitoring before two years probation. His motion was based on his wife’s medical condition. He asked to serve out the sentence with electronic monitoring and work release.

Ditka did not oppose the request, again leaving it up to the court’s discretion.

Former university president Graham Spanier has requested a judgment of acquittal on his child endangerment charge or a new trial.

Lori Falce: 814-235-3910, @LoriFalce

  Comments