A ruling on the motion filed by Penn State in former assistant football coach Mike McQueary’s civil suit will come within two weeks, Senior Judge Thomas Gavin said.
Attorneys for both McQueary and the university presented arguments with regard to the motion to postpone court proceedings during a hearing at 1:30 p.m. today in Bellefonte. Nancy Conrad, an attorney representing the university, said that Penn State will release a statement sometime today.
Conrad said the university will be prejudiced if the postponement of proceedings is not granted by the court, because the university cannot obtain information from former Penn State Athletic Director Tim Curley and former Interim Senior Vice President for Finance and Business Gary Schultz, neither of whom were interviewed by former FBI Director Louis Freeh’s investigative team.
She also pointed out that McQueary, “at the request of the Pennsylvania Attorney General,” was not interviewed by the Freeh investigators.
Elliot Strokoff, an attorney for McQueary, said that if the stay is granted, it could be months or even years before his whistleblower case against the university could be heard.
According to court documents, McQueary is suing the university for “ostracizing and isolating” him from a community he spent almost his entire life in.
The motion to stay proceedings was filed by the university on Oct. 22.
Both Curley and Schultz are charged with perjury and failure to report suspected child abuse in relation to testimony given by McQueary to the Pennsylvania grand jury during investigations surrounding Jerry Sandusky.
Conrad said that there are 33 paragraphs in the filing by McQueary that are directly related to Curley and Schultz's criminal proceedings that are already underway.
Both were arraigned Nov. 2 and released on $50,000 unsecured bail. Their preliminary hearing is scheduled for Dec. 13.
On Nov. 1, Pennsylvania Attorney General Linda Kelly announced that former Penn State President Graham Spanier was also charged with perjury, obstruction of justice, conspiracy and endangering the welfare of children. He was released on $125,000 unsecured bail following his arraignment, and ordered to surrender his U.S. passport as well as limit his travel to inside Pennsylvania.