Two Penn State administrators charged with lying to the grand jury that investigated Jerry Sandusky asked a judge Tuesday for more time to make their next pretrial court filing.
Lawyers for Tim Curley and Gary Schultz told Dauphin County Judge Todd Hoover that the state attorney general’s office has not turned over promised records, and asked him to extend the due date for their responses to May 4.
Curley, the school’s athletic director on leave, was to file his written answer sometime Tuesday. Schultz, a now-retired university vice president, was given an April 27 deadline.
The nearly identical motions said prosecutors told them on April 3 that ”substantial additional discovery” would be provided within 10 days.
”However, the commonwealth recently disclosed the discovery is not ready and will not be produced until April 18,” they wrote.
A spokesman for the attorney general’s office declined to comment.
Curley and Schultz will be responding to documents filed by prosecutors last month in which they listed dozens of statements made by Curley and Schultz that they say support the perjury allegations.
At that time, the attorney general’s office said they had presented enough evidence at the December preliminary hearing to hold a trial.
In another development, online court records indicated another judge last week denied an oral motion by Curley and Schultz to release grand jury transcripts before trial. Dauphin County court officials said Tuesday the case file that contains Judge Barry Feudale’s order was not immediately available for public inspection.
Pennsylvania court rules do not mandate disclosure of a witness’s grand jury testimony until he or she has testified on direct examination at trial, although judges have the authority to order their earlier release, as has occurred in the Sandusky case.
On Tuesday, Penn State announced it was strengthening policies about the supervision and treatment of children who take part in university programs and those who are housed on campus.
The changes, enacted in the wake of the Sandusky scandal, include background checks for anyone who deals with minors. The policies also address bullying and privacy issue. They take effect immediately.
The university also updated its Sandusky scandal-related costs, which passed $7.5 million by the end of February. Categories for the tab include the internal investigation and ”crisis communications,” $5.3 million; university legal services, $1.2 million; and legal costs for Curley, Schultz and former president Graham Spanier, $339,000. Other institutional expenses have amounted to $636,000. Insurance is expected to cover a portion of the total.
Curley, 57, and Schultz, 62, both of Boalsburg, are also charged with failing to properly report suspected child sex abuse by Sandusky, the former Penn State assistant football coach who is awaiting a separate trial on charges he sexually abused 10 boys over a 15-year period. Spanier has not been charged with any crime.
Prosecutors claim Sandusky sexually assaulted boys at his home and at campus facilities.
All three have pleaded not guilty and deny the allegations.
A status conference in the Curley and Schultz case is scheduled for June 1, three days before the projected start of Sandusky’s trial.