Penn State Ex-VP Seeks Dismissal Of Charges Against Him

Ann McClure's picture
Thursday, February 16, 2012

A former Penn State vice president today asked a judge to throw out charges that he lied to a grand jury investigating former football assistant coach Jerry Sandusky and that he did not properly report suspected child abuse.

Gary Schultz said his statements to a grand jury that the allegations were "not that serious" and that it wasn't clear a crime occurred with opinions that cannot be proved false.

"Perjury prosecutions rarely rest on expressions of opinion or belief," wrote Schultz defense lawyer Tom Farrell in court records first obtained by The Associated Press.

Schultz also joined a motion filed Monday by co-defendant Tim Curley that challenged the failure-to-report charge on the grounds the law was different in 2002. That was when Schultz and Curley, the university's athletics director, fielded a report about Sandusky being in the campus showers with a young boy.

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