Penn State wants to see a Centre County Children and Youth Services employee deposed.
On Wednesday, the university filed a “response in opposition” to the CYS motion to quash a subpoena for John Miller to answer questions in the federal lawsuit brought by John Doe 6 against the university, The Second Mile and former Nittany Lions assistant football coach Jerry Sandusky.
Sandusky was convicted in June 2012 of 45 counts of child sex abuse. CYS investigated a 1998 incident between John Doe 6 and Sandusky.
John Doe 6 served a notice of subpoena May 11, asking for documents and Miller’s testimony. CYS countered with its own motion to quash on May 13, claiming Pennsylvania Child Protective Services Law and state code protected the documents and Miller’s testimony regarding any investigation.
Penn State attorney Robert Clothier, of Saul Ewing, LLP, disagreed.
“The very statutory provisions cited by CYS contain exceptions to their confidentiality requirements. These exceptions specifically authorize the disclosure of the subpoenaed records and information (to) the plaintiff,” he wrote. “... Because (p)laintiff was the child who was the ‘subject of the report,’ he may obtain the requested information. ...”
A stipulated confidentiality agreement and protective order agreed to by the parties was also recorded in September 2014.
“Accordingly, the (c)ourt should deny CYS’s (m)otion, order CYS to produce the requested documents and order John Miller to appear and testify at his deposition,” Clothier wrote.
As of October 2013, Penn State had paid $59.7 million in settlements to 26 Sandusky victims. In a special telephone meeting in April, university trustees voted to settle with “one or more” victims, not stating a dollar amount.