Gary Schultz, one of the former Pennsylvania State University officials accused of lying to a grand jury in the Jerry Sandusky sexual-abuse case, asked a state court judge to dismiss the perjury charge against him.
A preliminary hearing in the case failed to establish sufficient evidence for Schultz to stand trial on that charge, attorney Thomas Farrell said yesterday in court papers in Harrisburg, Pennsylvania.
“The testimony at issue states opinions that are not capable of being proven knowingly false,” Farrell wrote.
Schultz, a former vice president in charge of university police, and Penn State Athletics Director Timothy Curley are charged with lying to a grand jury about a 2002 sex-abuse allegation against Sandusky and failing to report the incident to police. A judge ruled in December that there was enough evidence for the case to proceed to trial.
Sandusky, 68, a former defensive coordinator for Penn State, is charged with more than 50 counts stemming from alleged abuse of boys over a 15-year period. He is scheduled to go on trial May 14.
The case led to last year’s firings of university President Graham Spanier and coach Joe Paterno, who headed the football program at Penn State for 46 years. Paterno died last month.
Curley cited Paterno’s death in a separate request yesterday for the perjury count against him to be dismissed. He said there was no longer corroboration of the allegation, as the law requires.
Prosecutors plan to rely on testimony from Penn State assistant football coach Mike McQueary to support their perjury case against Schultz and Curley.
McQueary testified at the preliminary hearing that he told university officials that he saw Sandusky molesting a boy in a locker room shower in March 2002.
In court papers yesterday, Farrell argued that McQueary’s testimony, and that of his father and Paterno, support Schultz’s own account in the grand jury. Schultz testified that the allegations against Sandusky at the time were vague and gave no indication that a crime had occurred.
Nils Frederiksen, a spokesman for Attorney General Linda Kelly, said yesterday that the defense request was being reviewed.
The case is Commonwealth of Pennsylvania v. Schultz, CP-22-CR-5164-2011, Court of Common Pleas of Dauphin County, Pennsylvania (Harrisburg).