Tuesday, May 7, 2013 Updated: May 8, 1:45 PM ET
Judge: PSU case should go forward
HARRISBURG, Pa. -- The supervising judge for the grand jury
that investigated how former administrators handled Penn State's
high-profile child sex-abuse scandal said in a new court filing
that the defendants are intentionally stalling their criminal case
with repeated motions and appeals.
"In this court's view, defendants' various motions, appeals and
assertions (all of which are within their rights) are an attempt to
delay the case from being heard before the proper tribunals,"
Feudale wrote in an order released Tuesday.
The defendants, former school president Graham Spanier, vice
president Gary Schultz and athletic director Tim Curley, are
accused of covering up complaints about convicted sex offender
"Continued delay of this case is not in the interest of justice
as to (the) defendants and the alleged victims," Feudale wrote in
response to defense requests.
Attorneys for Curley and Schultz declined comment, and a
spokesman for Attorney General Kathleen Kane blamed defense motions
for the delays.
"The attorney general is appreciative that Judge Feudale
recognizes that further delays are harmful and looks forward to a
fair and expeditious resolution of these cases," said Kane
spokesman Dennis Fisher.
Sandusky, the school's former assistant football coach, was
arrested on child molestation charges in November 2011, at the same
time charges of perjury and failure to properly report suspected
abuse were lodged against Curley and Schultz.
Sandusky was convicted last summer of sexually abusing 10 boys.
He is pursuing appeals while serving a 30- to 60-year state prison
Curley and Schultz have not gone to trial, and additional
charges were filed against them in November, when Spanier was
The courts have not conducted a preliminary hearing for the
second set of charges, which is unusual, as the defendants have
objected to the possibility that former Penn State chief counsel
Cynthia Baldwin might be a witness against them.
The three men face charges of perjury, obstruction, endangering
the welfare of children, failure to properly report suspected abuse
Spanier was forced out as university president shortly after
Sandusky's arrest. Curley was the school's athletic director, but
he is currently on leave while serving out the final year of his
contract. Schultz, once a top administrator as vice president for
business and finance, has retired.
All three have vigorously denied the allegations against them.