Jerry Sandusky shower date change may aid PSU officials

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HARRISBURG, Pa. — One of the two charges against two Penn State administrators will likely be dismissed now that prosecutors have come forward to change by one year the date they allege former assistant football coach Jerry Sandusky sexually assaulted a boy in the team’s showers, legal experts said.

Five weeks ago, the attorney general’s office argued in a court filing concerning the charge of failing to properly report suspected child abuse against Tim Curley and Gary Schultz that the statute of limitations had not expired because the incident involving “Victim 2” occurred in March 2002.

On Tuesday, Sandusky case Judge John Cleland granted prosecutors’ request to amend that offense date to February 2001.

Under a timeline about the statute of limitations that was included in the March 30 filing by state prosecutors, the failure-to-report charge now appears to fall outside the time limit by nine months.

“Based on the prosecution’s own pleading, the statute of limitations is 10 years from the event,” Tom Farrell, Schultz’s lawyer, said in a statement Friday. “There is no dispute that the statute of limitations has expired on the failure to report count.”

Asked whether that means the charge will be dismissed, the attorney general’s office declined to comment.

University of Pittsburgh law professor David A. Harris predicted the failure-to-report part of the case will soon be dropped.

“We generally don’t have, in the law, things that are as clear as this, but here we do have one,” Harris said. “A statute of limitations means that too much time has gone by to prosecute, and they are to be enforced to not put people to trial unfairly.”

Barb Zemlock, president of the Pennsylvania Association of Criminal Defense Lawyers, said prosecutors should move quickly to withdraw charges they cannot pursue so that “all involved — the prosecution and the defense — can focus on the issues that are before the court, and not those that are no longer viable.”

The failure-to-report charges under the state’s Child Protective Services Law are classified as summary offenses, carrying up to 90 days in jail and a $200 fine.

Curley, the school’s athletic director, who is now on leave, and Schultz, the now-retired vice president for business and finance, also face felony perjury counts for allegedly lying to the grand jury that investigated Sandusky. The perjury charges have potential penalties of seven years in prison and $15,000 fines.

The perjury charges pertain to much more recent events, when the men testified before a grand jury early last year. Their lawyers are seeking dismissal of the perjury counts on different grounds.

In seeking the date change, prosecutors said only that “specific and authenticated findings” led them to conclude that the shower incident occurred in February 2001.

It’s not clear what effect, if any, the date change will have on Sandusky’s prosecution on 52 criminal counts for the alleged abuse of 10 boys over 15 years, claims he has consistently denied. Sandusky’s lawyers are not arguing the statute of limitations has run in his case. His trial is currently scheduled for June 5.

Crawford County prosecutor Francis J. Schultz, who leads the state district attorneys’ association and is not related to Gary Schultz, said there are no hard and fast rules about how soon prosecutors should act after they realize a case cannot proceed.

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