In sharp language, attorneys for two former Penn State administrators accused of trying to hide early allegations against Sandusky said today one of two counts against their clients must be dropped.
Lawyers for former Senior Vice President for Business and Finance Gary Schultz and Athletic Director Tim Curley said the statute of limitations for bringing failure to report child abuse charges stemming from a February 2001 shower-room incident has expired.
They also noted that the 10-year deadline expired in part because of the Attorney General's own decision to file its charges against Curley and Schultz last November, in tandem with those against Sandusky.
"The blatant attempt to place our clients near the center of the Sandusky maelstrom may have garnered the hoped-for publicity," attorneys Tom Farrell and Caroline Roberto wrote, "but the choice ... has real consequences for the legal survival of the count."
Prosecutors have argued the statute of limitations should not apply in this case because, since the underlying offense was alleged child sexual abuse, the failure to report to authorities renews every day a report is not made.
The defense team called that argument an over-reach in its response, citing several cases in which state courts have held that "continuing course of conduct" language can not be read into laws after the fact, but must be explicit.
Nils Frederiksen, spokesman for Attorney General Linda Kelly, declined comment on the defense motion today.
Dauphin County President Judge Todd Hoover will decide whether the charge is dismissed or not.