Penn State's former athletic director, Tim Curley, wants the Court of Common Pleas to throw out the perjury charge against him.
Curley’s attorney, Caroline Roberto, filed a petition in Dauphin County today, arguing that without the availability of Joe Paterno to testify there isn’t enough evidence to establish corroboration.
Paterno, who died Jan. 22, had testified to the grand jury investigating the Jerry Sandusky child sex abuse charges. Curley and former Penn State administrator Gary Schultz are both facing charges of perjury and failure to report in the case.
The prosecution had Paterno's testimony read into the record at a preliminary hearing for Curley and Schultz in December 2011.
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The motion from Curley reads in part that “without Mr. Paterno’s testimony, the preliminary hearing record is absent the corroboration necessary to bind over the perjury charge against Mr. Curley.”