Former Penn State administrator Gary Schultz wants a judge to throw out the perjury and failure to report abuse charges he’s facing.
In a motion filed Tuesday, Schultz’s attorney, Tom Farrell, argued Schultz thought the allegation of abuse told to him by Mike McQueary, then a graduate assistant football coach, wasn’t serious and not a crime and therefore his opinion can’t be deemed false.
In addition, Farrell argued Schultz’s statements to the grand jury investigating Jerry Sandusky can’t be corroborated by what McQueary said at a preliminary hearing in December.
Schultz also wants the prosecution to point out exactly which statements in his grand jury testimony they allege are lies.
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Senior Deputy Attorney General Marc Costanzo said he hadn’t had a chance to review the motions and had no comment. He expected prosecutors to file a response to the defense’s motions.
Schultz and another university administrator, former Athletic Director Tim Curley, are accused of lying under oath about what they knew of a 2002 incident involving Sandusky and a boy that McQueary testified he saw.
Both Schultz and Curley have maintained their innocence.
McQueary told his father about the incident and later told former head football coach Joe Paterno and Curley.
In December, Mc- Queary testified what he saw was an “extremely sexual” encounter between Sandusky and the boy, but the defense argues McQueary didn’t use graphic words like anal rape or sodomy in his description.
McQueary’s father, John McQueary, testified about what his son told him that night, as well as a separate convers ation about the incident he had with Schultz soon after.
But Farrell wrote in the motion that John McQueary’s testimony was vague — that he said the incident had “sexual overtones” and “appeared to be sexual.” Farrell said that doesn’t support Mike McQueary’s allegation.
“The prosecutor failed to pin down the specific meaning of these amorphous terms, preferring to conflate them all with anal intercourse in order to support a perjury charge with facially uncorroborative testimony,” Farrell wrote.
On Monday, Curley filed a motion to dismiss his case, saying the death of former head football coach Joe Paterno means prosecutors don’t have a second corroborating witness to prove Curley lied. The first corroborating witness would be Mike McQueary.
Schultz is also seeking to join Curley’s motion to dismiss the failure to report charge on the grounds the law was different in 2002 when the incident is alleged to have happened.
Mike Dawson can be reached at 231-4616.