The Pennsylvania Attorney General responded Monday to former Athletic Director Tim Curley and former Interim Senior Vice President for Finance and Business Gary Schultz’s request for discovery materials, denying much of the information desired.
In the filing, the Office of the Attorney General stated that it will honor its discovery obligations relating to interview statements made by investigators, and the Commonwealth will provide the defense with any statement made throughout the investigation. The Attorney General’s office also stated that it will continue to provide these materials to the defense, according to court documents.
Curley and Schultz are both charged with perjury and failure to report suspected abuse as they relate to the Jerry Sandusky sex abuse case.
Sandusky, the former Penn State defensive coach, was convicted in June on 45 counts of sexually abusing boys he met through his charity, The Second Mile.
Curley and Schultz also requested reports of mental examinations, scientific tests or other expert witness opinions that relate to either McQueary or his father, according to court documents. The Commonwealth denies that they have reports meeting this description, according to court documents.
According to his testimony, in February 2001, then-graduate assistant McQueary told former head coach Joe Paterno that he had seen Sandusky in the shower of the football building with a young boy, later identified as the person referred to as “Victim 2.”
Both McQueary and his father, John, testified at Sandusky’s trial.
The Commonwealth denied though any other items relating to the investigation, including notes prepared by investigators when preparing for witness interviews, according to court documents.
Also denied by the Commonwealth were any materials relating to any grand jury investigations, according to court documents. The Commonwealth stated that if the defense wishes to have grand jury information disclosed to them they have to take it up with the grand jury supervising judge.
The Commonwealth also denies having any possession of minutes, notes or correspondence relating to the Penn State Board of Trustees, according to court documents. The Commonwealth stated again that the defense should obtain this information through other channels, according to court documents.
Curley and Schultz also requested newspaper articles and photos relating to witness’ contact with Sandusky after the February 2001, particularly the contact between Sandusky and Mike and John McQueary, according to court documents. The Commonwealth stated in the appeal that newspaper items are not in the exclusive control of the Commonwealth, and that anyone can access them, according to court documents.
