A Penn State attorney has proposed a middle ground on a subpoena for Centre County Children and Youth Services.
CYS investigated a 1998 incident between the man known as John Doe 6 and retired Penn State football coach and Jerry Sandusky. Doe is suing Penn State, Sandusky and his charity, The Second Mile. Sandusky was convicted of child sex abuse crimes in 2012.
Doe subpoenaed documents and the testimony of CYS employee John Miller in May, but CYS countered with its own motion to quash on the grounds that Pennsylvania Child Protective Services Law and state code protected the documents and Miller’s testimony regarding any investigation. Penn State opposed that motion.
Robert Clothier of Saul Ewing LLP, of Philadelphia, submitted a proposal Tuesday to Judge Anita Brody of the U.S. District Court for the Eastern District of Pennsylvania.
“At the discovery conference yesterday, I raised the issue of the motion to quash filed by Centre County (CYS) and promised to submit a proposed order satisfactory to CYS as well as the parties,” he wrote.
Clothier’s proposed order tweaks the idea, asking that Miller will provide any documents and testimony “responsive to Plaintiff John Doe 6’s subpoena.” State law does allow a child subject of an investigation to receive the information about his case.
“Plaintiff...shall provide Centre County Children and Youth Services with the real name of (p)laintiff...to facilitate the production of testimony and documents,” Clothier’s would-be order stated.
An order signed by Marie O’Donnell, civil deputy, was subsequently recorded Tuesday, scheduling a follow-up teleconference on the case for June 9.
Another document was filed in the case on Monday, but what it contains is unknown as it was filed under seal.