Jerry Sandusky Scandal

Prosecutors deny Tim Curley, Gary Schultz requests for grand jury investigation notes, interviews

Prosecutors have responded to a request for discovery materials filed in June by attorneys for two former Penn State administrators facing trial on perjury charges.

In a recent court filing, the state Attorney General’s Office denied many of the requests filed by defense attorneys for Tim Curley and Gary Schultz, calling some “overly broad and vague.”

Curley and Schultz face trial on charges they failed to report child sexual abuse allegations against Jerry Sandusky in 2001, then lied about it to a grand jury.

Attorneys for the men are asking for interviews and notes made by investigators during the course of the grand jury investigation and in the preparation for the trial of their clients.

In their response, prosecutors said they will continue to provide defense attorneys with information regarding witness interviews.

“Any statement that is prepared during the course of this ongoing investigation has been or will be disclosed to the defense,” they said.

But the Attorney General’s Office is arguing it doesn’t have to provide notes or other items used by investigators to prepare for those interviews.

Defense attorneys are seeking information relating to specific witnesses, including Victim No. 2, who Mike McQueary testified he saw showering with Sandusky in 2001 in the Lasch Building.

They have also asked for Penn State personnel records and disciplinary complaints for former top officials, including general counsel Cynthia Baldwin, head coach Joe Paterno and president Graham Spanier, among others, and for any communications between victims or witnesses and Penn State, the Penn State board of trustees or The Second Mile.

In its response, the Attorney General’s Office said it “notes the overly broad and vague nature” of some of the defense’s requests.

Prosecutors also argued they don’t possess many of the materials asked for by defense attorneys, including minutes and notes related to the Penn State board of trustees.

Access to other requested materials should be sought from the supervising grand jury judge, according to the Attorney General’s Office.

Prosecutors will, as requested, provide any documents and information from cellphones and computers operated by Curley, Schultz, McQueary, Paterno and Spanier.

With Sandusky convicted and sitting in Centre County jail awaiting sentencing, the next phase of the child abuse scandal will turn to the Schultz and Curley cases that are being tried in Harrisburg.

A pretrial hearing is scheduled for Curley and Schultz for Aug. 16 in Harrisburg, according to court documents. 

Prosecutors said they plan to file their own motion for discovery “in the near future.”

Matt Carroll can be reached at 231-4631. Follow him on Twitter @Carrollreporter

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