PITTSBURGH - Retired Penn State vice president Gary Schultz and athletic director Tim Curley have asked a judge to delay their Jan. 7 perjury trial stemming from the Jerry Sandusky child abuse investigation.
Attorneys for the administrators said in separate motions filed earlier this week that they're still reviewing thousands of documents containing millions of pages that may be relevant to the case - and that they expect even more documents to come in subject to subpoenas and the discovery process. That's a pretrial phase when the prosecution must turn over its evidence to the defense.
Schultz's attorney, Thomas Farrell, said a Penn State subpoena has produced nine batches of computerized documents, the last being 60 gigabytes, which his motion said is the equivalent of 1.2 million pages.
"Our computer consultant characterized this as one of the most challenging document productions she has ever had to organize, upload and review in her practice," Farrell said.
Curley, who is on administrative leave and has been told his contract won't be renewed after it expires in June, and Schultz are accused of lying to the grand jury that investigated Sandusky and not reporting suspected child abuse to the proper authorities.
Sandusky, 68, is appealing his 30- to 60-year state prison sentence and conviction on 45 of 48 charges relating to the abuse of 10 boys, some on Penn State's main campus. The resulting scandal about how university officials handled allegations against Sandusky resulted in the firing of Coach Joe Paterno, who has since died, and unprecedented NCAA penalties, including a four-year bowl ban and the loss of football scholarships.
Farrell and Caroline Roberto, Curley's lawyer, also said Penn State is contesting whether more than 8,000 documents they've been subpoenaed to produce might be privileged. The attorneys said they're trying to resolve those issues out of court, but said that and other evidentiary matters may require pretrial hearings, arguments and court filings that could further delay the case.
Roberto, further, said she's a sole practitioner embroiled in the death penalty appeal of Richard Baumhammers, a Pittsburgh-area immigration attorney whose ethnically motivated shooting rampage in April 2000 killed six people. Roberto contends she need time to prepare for that case, too, and online Supreme Court records show she's due to file a major brief in that case next month.
A spokesman for the attorney general's office didn't immediately return a call for comment on whether the prosecution will contest the requested trial delay.
It was not immediately clear when the judge might rule on the request.