There’s no indication that anyone at school attempted to find the boy or follow up with the witness, she said.
Schultz’s lawyer, Thomas J. Farrell, told The Associated Press on Sunday that the mandated reporting rules only apply to people who come into direct contact with children. He also said the statute of limitations for the summary offense with which Schultz is charged is two years, so it expired in 2004.
The grand jury report that lays out the accusations against the men cites the state’s Child Protective Services Law, which requires immediate reporting by doctors, nurses, school administrators, teachers, day care workers, police and others.
The law “applies only to children under the care and supervision of the organization for which he works, and that’s Penn State, it’s not The Second Mile,” Farrell said of his client. “This child, from what we know, was a Second Mile child.”
Messages left later Sunday seeking comment from Frederiksen with the attorney general’s office, and from Curley’s lawyer, Caroline Roberto, weren’t immediately returned. Farrell said it was accurate to say the allegations against Curley are legally flawed in the same manner.
Farrell said he plans to seek dismissal at the earliest opportunity. “Now, tomorrow is probably not the appropriate time,” Farrell said Sunday. “We’ll bring every legal challenge that is appropriate, and I think quite a few are appropriate.”
As a summary offense, failure to report suspected child abuse carries up to three months in jail and a $200 fine.
“As far as my research shows, there has never been a reported criminal decision under this statute, and the civil decisions go our way,” he said.
Curley and Schultz also are accused of perjury for their testimony to the grand jury that issued a 23-page report on the matter Friday, the day before state prosecutors charged them. Sandusky was arrested Saturday and charged with 40 criminal counts.
Curley denied that the assistant had reported anything of a sexual nature, calling it “merely `horsing around,’” the grand jury report said. But he also testified that he barred Sandusky from bringing children onto campus and that he advised Spanier, the school president, of the matter.
But despite his job overseeing campus police, he never reported the 2002 allegations to any authorities, “never sought or received a police report on the 1998 incident and never attempted to learn the identity of the child in the shower in 2002,” the jurors wrote. “No one from the university did so.”
Farrell said Schultz “should have been required only to report it to his supervisor, which he did.”