Attorneys for two Penn State administrators charged in connection with the Jerry Sandusky child sex abuse case await a judge’s ruling on whether charges will be dropped in response to pretrial motions.
Prosecutors charged retired Penn State Vice President Gary Schultz and former athletic director Tim Curley in November with failing to report allegations that Sandusky abused a child — and then lying about what they knew to a grand jury.
Defense attorneys say the perjury charge shouldn’t stand, because it rests on subjective testimony — meaning the men’s opinions of the gravity of the incident they were told about, instead of the facts of what they were told.
They also took aim at the charge both men failed to report the allegation — an offense that comes with a statute of limitations they say has expired.
Caroline Roberto, Curley’s lawyer, says the commonwealth is arguing the 10-year limit does not apply because failure to report is a continuing offense.
“That every day you don’t report, it continues like a conspiracy charge,” she said.
Prosecutors raised the issue the day before the pretrial hearing.
Defense attorneys say they’ll respond within the next 10 days.
Sandusky was convicted in June of abusing 10 boys and awaits sentencing.