Lawyers for former Penn State employees Tim Curley and Gary Schultz have argued that the case should be dropped before it goes to trial.
During arguments on pretrial motions in Dauphin County court Thursday, the attorneys said their clients did not lie to a grand jury about the child sexual abuse allegations against Jerry Sandusky.
Curley's attorney, Caroline Roberto, argued that her client's answers before the grand jury were opinions, not facts.
“Whether you thought it was sexual or not, whether you thought it was
a crime or not, are not the issues that should be subject to perjury
because they call for a subjective answer,” Roberto said.
Schultz's attorney, Tom Farrell, said he did not want to see the case go to trial for fear that a jury would judge his client on moral – rather than legal – grounds.
“(I'm afraid) that this will be a trial about whether Mr. Curley and Mr. Schultz exercised the proper judgment … that isn't what the perjury case is about,” Farrell told President Judge Todd Hoover.
Layers also said that with the death of Joe Paterno, there are not enough corroborating witnesses to prove that Curley and Schultz knowingly lied to the grand jury.
Farrell said the felony perjury charge is too vague.
“You have to specify what needs to be proven,” he said. “It's not enough to say it's in the thousands, millions of discovery. Tell us, tell the jury, tell the judge what specifically needs to be proven beyond a reasonable doubt.”
Curley and Schultz also face charges they failed to report information they received from Mike McQueary to police. McQuery testified he told both men that he saw Sandusky with a young boy in a locker room shower.
Roberto and Farrell told President Judge Todd Hoover the charge of failure to report should be dropped because prosecutors changed the date of the incident witnessed by McQuery from March 2002 to February 2001 and therefore the statute of limitations has expired.
Although it did not come up in court, reporters asked the attorneys about allegations made in a report by former FBI Director Louis Freeh. According to Freeh's report on Penn State's handling of the Sandusky case, Curley, Schultz, head football coach Joe Paterno, and university president Graham Spanier concealed the incident witnessed by McQueary, as well as a 1998 report that Sandusky had showered with another young boy.
Farrell chuckled at the question.
“It's not a case to be tried by incomplete reports by ex-public officials,” he said. “It's a case to be tried in court.”
Hoover did not immediately rule on the motions. Instead, his decision will come in a court order. Legal officials expect his ruling to come in a few days or weeks.
Sandusky was convicted in June on 45 counts of child sexual abuse and remains in prison while he awaits sentencing.