Ex-Penn State VP seeks dismissal of charges against him in Sandusky case

Former Penn State University vice president Gary C. Schultz on Tuesday asked a state court to dismiss charges of perjury and lying to a grand jury against him, with the same grand jury that is also probing child sex abuse allegations against former Penn State assistant football coach Jerry Sandusky.

Schultz denies that he did not report suspected child abuse allegations against Sandusky, rather claiming that when he was first informed of the allegations by a graduate assistant in 2002 that the claims were "not that serious," and that his opinion about whether a crime had been committed cannot be proved false.

According to a filing presented to the court, Schultz defense lawyer Tom Farrell wrote, ???Perjury prosecutions rarely rest on expressions of opinion or belief.???

Schultz also joined a motion that was filed Monday by co-defendant and former PSU athletics director Tim Curley that Pennsylvania state law on failure-to-report charges was not the same in 2002 as it is today. Both Schultz and Curley also claim that the statute of limitations had expired on allegations that they were aware of reports that Sandusky had allegedly been seen in a campus shower with a young male.

Farrell is especially concerned with the allegations against Schultz for perjury have not been revealed by the prosecution, claiming ???defendant must not be left guessing as to which statements he is defending against nor as to basic information as to why such statements are false.???

Sandusky, 68, continues to deny allegations that he abused at least 10 minor males over 15 years. He has been charged with 52 criminal counts and is due to go to trial in mid-May, although it is likely the start of the trial may be delayed.

Schultz, 62, retired after being indicted in November. Curley, 57, remains on leave from Penn State. Penn State president Graham Spanier, who also left the school once the Sandusky allegations surfaced, has not been charged with any crimes. Head coach Joe Paterno was fired by the school in October and died from lung cancer last month at the age of 65.

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