Former Interim Senior Vice President for Finance and Business Gary Schultz filed today to sever his case and be tried separately from former Athletic Director Tim Curley.
According to the filing, Schultz, who is charged along with Curley with perjury and failure to report suspected abuse relating to the Jerry Sandusky child sex abuse case, would be “prejudiced by a joint trial” with Curley, according to Schultz's attorney. Curley is filing the same motion today, but the court has yet to receive it.
Sandusky was convicted in June on 45 counts of child sex abuse.
Schultz also filed to have the perjury case severed from the failure to report case, according to the motion.
Curley and Schultz filed earlier this month to have the failure to report charge thrown out because the statute of limitations has expired, as previously reported. No ruling has been rendered with regard to that motion.
The failure to report charge relates to a 2001 incident when then-graduate assistant Mike McQueary said he walked into a Lasch Football Building locker room and saw Sandusky doing something of a "sexual nature" with a boy in the shower, according to McQueary’s grand jury testimony. The next day McQueary told late head football coach Joe Paterno, who in turn told Curley and Schultz, according to McQueary’s testimony.
The information about the abuse was never reported to police.
Jury selection for the trial is scheduled to begin Jan. 7 at Dauphin County Courthouse. It is unclear if the trial will be rescheduled.
A 59-page brief in support of the motion was also filed by Schultz today.
Curley and Schultz have both maintained their innocence through their attorneys, Caroline Roberto and Tom Farrell, respectively.
