Jerry Sandusky Scandal

Judge denies motions for Schultz and Spanier, grants work release

From left: Graham Spanier, Tim Curley and Gary Schultz. Judge John Boccabella denied motions for Spanier and Schultz Wednesday and granted work release for Curley and Schultz.
From left: Graham Spanier, Tim Curley and Gary Schultz. Judge John Boccabella denied motions for Spanier and Schultz Wednesday and granted work release for Curley and Schultz. Centre Daily Times, file

Graham Spanier is not getting a new trial.

The former Penn State president had submitted a motion for judgment of acquittal or a new trial after his May sentencing, but on Wednesday, Berks County Senior Judge John Boccabella denied that motion.

It was one of four post-sentence orders he signed for former Penn State employees.

Spanier was found guilty of one count of endangering the welfare of children, a misdemeanor, in March in Dauphin County court. The charges stemmed from testimony given in front of the grand jury that recommended charges against Jerry Sandusky in 2011. Spanier faces four months to one year, two months of which is set for incarceration and the remainder through house arrest.

Former athletic director Tim Curley pleaded guilty to the same misdemeanor charge. He received a seven to 23 month incarceration sentence, with three months behind bars and the rest on house arrest, followed by two years probation.

He filed motions asking for modification of sentence and for work release. Boccabella granted the work release “if the proposed employment meets the requirements of the institution and supervising authority,” but his order did not address the modification.

Curley has incurable lung cancer and liver damage, according to court documents. He requested the modification for treatment and because his doctor said the prison environment could lead to a infection and illness.

Former vice president Gary Schultz also asked for his sentence to be modified as he cares for his wife, who has multiple sclerosis. Schultz was given a six to 23 month incarceration sentence with two months to be served in jail and the rest on house arrest, followed by two years probation. Boccabella denied his modification.

The judge did grant work release under the same terms as Curley.

Lori Falce: 814-235-3910, @LoriFalce

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