Correction appended: May 8, 2012.
Judge John Cleland ordered Tuesday to officially change the date of the Lasch Football Building incident to Feb. 9, 2001, as the prosecution requested. He wrote in his order that the defense did not oppose the prosecutions motion.
The prosecution in the Jerry Sandusky case filed two motions Monday.
In one, prosecutors denied the defense's request for information regarding "Accusers 11 through 17," and in another, prosecutors filed to change the date originally specified for the Lasch Football Building incident involving the person identified in the grand jury presentment as "Victim 2."
In Sandusky's defense team's second request for more specific information about the case, they asked for information regarding "Accusers 11 through 17 as well as 18 through an unknown number."
Sandusky, a former Penn State defensive coordinator, is charged with 52 counts of child sex abuse involving 10 males, but he has not been charged in relation to any other people who have said Sandusky abused them.
The prosecution denied Amendola's request for more information about the "Accusers" because they are part of an "ongoing" investigation.
In addition to this, prosecutors also denied Amendola's request for other information regarding the case, citing multiple reasons -- saying the information not existing, the investigation is ongoing or the prosecutors are "unable" to understand the defense's request and, therefore, cannot respond to it.
Prosecutors also wrote that they had enclosed additional information when the motion was sent to the defense, including a handwritten statement by former Penn State assistant football coach Mike McQueary and phone records from a search of Joe Paterno's office.
The prosecution also wrote in the motion that as of the time of filing, they do not anticipate that any experts will be called in the trial, though they reserve the right to call anyone in order to refute any of the defense's arguments.
Amendola also requested for subpoenas made by the grand jury, to which the prosecution responded that they will not provide.
The prosecution also wrote that they provided Amendola with a text message sent by reporter Sara Ganim, of The Patriot-News, that was referenced in a Pennsylvania State Police report and was sent to a "known recipient." Ganim, a Penn State alumna and Pulitzer Prize winner, was the first reporter to break the news that Sandusky had been subpoenaed by the grand jury regarding the case.
In a separate motion, the prosecution filed to amend the bill of particulars -- specifically, to change the date they previously said the Lasch building incident involving the boy referred to as "Victim 2" occurred to Feb. 9, 2001.
McQueary, who is not charged in relation to the incident, told various people who were Penn State employees at the time, including Gary Schultz and Tim Curley, who were charged for failing to report suspected abuse and perjury, and Paterno that he had witnessed Sandusky acting inappropriately with a young boy in a shower in the Lasch Football Building. The incident is regarding counts 7, 8, 9 and 10 of child sex abuse Sandusky is charged with.
The prosecution originally stated that the incident had happened sometime in 2002. Schultz is the former Vice President for Business and Finance and Curley is the former Athletic Director. Paterno, the late head football coach, was not charged in connection with the incident.
The prosecution stated in the motion that the date change comes after "specific and authenticated findings" as a result of the "ongoing investigation."
The attorneys for Curley and Schultz, Caroline Roberto and Tom Farrell, said in a joint statement that because of the date change, the statute of limitations has expired for failure to report suspected abuse charges against the two former Penn State administrators.
Because of this, Roberto and Farrell said in the statement that they believe the failure to report abuse charges against their clients will be dropped.This charge is a third degree misdemeanor offense.
"As we stated in our filings on Friday, the Commonwealth charged this case before it knew the facts. Now, it is clear that Mike McQueary was wrong in so adamantly insisting that the incident happened the Friday before Spring Break in 2002," the attorneys said in the statement.
Jury selection for Sandusky's trial is scheduled for June 5 and a hearing to discuss other pre-trial motions that have been recently filed is set for Wednesday, May 9.
Check back at collegian.psu.edu for more information regarding the case as Sandusky's trial approaches.
An earlier version of this article incorrectly stated information about the date the prosecution in the Sandusky case wished to change in the bill of particulars connected to the case regarding an incident in the Lasch Football Building. The correct date proposed by the prosecution in a motion filed Monday is Feb. 9, 2001.
