HARRISBURG—Attorneys for Penn State administrators Gary Schultz and Tim Curley were in a Harrisburg courtroom this morning for a pre-trial hearing. The hearing set the table for a possible trial date which could come as early as this fall. Curley and Schultz are charged with perjury and failure to report. The Attorney General claims the two lied to a grand jury and tried to cover up what they knew about Jerry Sandusky's molestation of boys.
Retired Vice-President Gary Schultz and Athletic Director Tim Curley did not make an appearance but their attorneys argued on their behalf, asking for more information be released from the Attorney General's office ahead of the possible trial.
Tim Curley's attorney, Caroline Roberto, argued that the AG does not have enough corroborating evidence to make the perjury charges stick, especially after the death of Joe Paterno.
"Now that Mr. Paterno is gone, there really is nothing to corroborate the false statements," Roberto said during the hearing.
One thing not discussed, the joint motion by both Curley and Schultz to dismiss the failure to report charges. Defense attorneys claim that the statute of limitations have run out for this charge. The defense asked Judge Todd Hoover for a ten day delay to answer some questions about that filing. Another hearing could be set to hear that claim.
"We believe there is an abundant of evidence. We believe he (Curley and Schultz) lied and he had a reason to lie. That whole question (of guilt or innocence of perjury) is the entire reason for a trial," said Deputy Attorney General Bruce Beemer.
The defense promised the court once they knew what type of evidence they might be facing, there would probably be more motions filed to quash some of that evidence. The defense also asked the judge to consider giving the Attorney General's office a cutoff date, to not be able to enter in any more new evidence. In direct contrast, the Attorney General's office says they have given more than enough information to the defense in the bill of particulars, meeting its legal obligation.
No decisions were made from the bench.
Back in June, Sandusky was found guilty of 45 of 48 charges for sexually abusing 10 boys over a 15-year-period. Some of the offenses happened on the Penn State University campus. No sentencing date has been set for Sandusky.