Posted: Friday May 4, 2012 5:18 PM

PSU admins want charges nixed in Sandusky case

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HARRISBURG, Pa. (AP) - Penn State administrators charged with lying to the grand jury investigating Jerry Sandusky filed court documents Friday that argued prosecutors have not produced enough evidence to support the perjury charges against them.

Athletic director Tim Curley, now on leave, and retired vice president for business Gary Schultz outlined the reasons they believe charges should be thrown out.

Curley's filing cited what he called "a shifting sand approach'' by prosecutors and said the court record so far did not include the basic elements needed for a perjury case to proceed.

Schultz's reply called the case "unprovable, unfounded and untimely'' and said prosecutors acted prematurely with an exaggerated grand jury presentment to tarnish them with the child sexual abuse allegations against Sandusky.

Both men argued that prosecutors are not specific enough in the allegations they have made.

A spokesman for the state attorney general's office declined to comment, saying prosecutors will respond in court.

Also Friday, lawyers for the Clinton County Department of Children and Youth Services and the Bald Eagle School District asked the judge in Sandusky's criminal case to throw out subpoenas issued by Sandusky's lawyers.

The Clinton County motion said that neither agency director Gerald Rosamilia nor psychologist Michael Gillum should have to produce records, arguing the material is confidential and protected by law.

The Bald Eagle district said it received four subpoenas for records that pertain to former students identified in court records as Victims 3, 4, 7 and 10.

Similar motions in opposition to defense subpoenas have been filed by the Keystone Central School District, Mifflin County School District and Juniata College. A court hearing on the matter is scheduled for Wednesday in Bellefonte.

Sandusky, a retired Penn State assistant football coach, faces charges he abused 10 boys over 15 years, some of them on the Penn State campus. He has denied the charges and faces a June trial.

 
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