Former FBI director and federal judge Louis Freeh finds recent filings from Graham Spanier to be “impertinent and irrelevant.”
In documents filed Monday, Freeh, who was hired by Penn State to conduct an independent investigation of the Jerry Sandusky child sex abuse scandal, accused the former university president of trying to obtain discovery in his defamation case while still protecting himself from releasing information.
Attorneys for Freeh wrote in the filing that they did not oppose the motion to lift the stay in the case that Spanier originally filed in 2013. The stay was in place because of the logistics of the civil suit in Centre County while Spanier continues to be embroiled in a criminal case related to the Sandusky investigation in Dauphin County.
The problem, Freeh’s camp contends, is that Spanier requests a “lopsided” lift of the stay, asking to have the discovery process “sequenced,” with some information released by one side before the other.
According to Spanier’s filing, the request was to “respect and accommodate the related criminal cases,” and to keep discovery open as those cases were resolved, because of Fifth Amendment issues that would keep Spanier, and possibly his co-defendants, former athletic director Tim Curley and former vice president Gary Schultz, from testifying until that time.
Freeh’s attorneys, however, said that is unfair, saying the self-incrimination issues “could be dealt with on a case-by-case basis should such a situation arise.”
Freeh requested that the stay be lifted in its entirety.