Centre County Children and Youth Services has asked a federal court to deny a subpoena in the case of one of Jerry Sandusky’s victims.
John Doe 6 is suing Penn State, The Second Mile and Sandusky, the former Nittany Lions assistant football coach convicted of multiple child sexual abuse counts in June 2012. Many of the victims were targeted through their participation in The Second Mile, the children’s charity Sandusky started.
On May 15, CYS attorney James P. Johnson filed a motion to quash a subpoena for the testimony of employee John R. Miller. The notice of subpoena was filed by Doe’s attorneys on May 11, with the plaintiff also requesting access to “various records and reports.”
Johnson objected on several grounds, including timing. The proposed deposition was scheduled for May 22.
However, questions about privacy seemed to be paramount in the document. In one paragraph, Johnson cited the “privileged and confidential” information maintained under the state’s Child Protective Services Law.
“In addition, the oral testimony required of ... Miller seeks information that is confidential as information contained within the (CYS) files as respect to any information involving a minor child is protected under the Pennsylvania statutes...” he wrote.
Johnson also said that Doe’s attorneys had been advised that there “are no documents and reports existing at the (sic) time within the agency based on our best information and investigation” and said that he believed any such documentation would be in the possession of the state Department of Public Welfare if it exists.