Ex-Penn State VP wants charges against him nixed

Former Penn State athletic director Tim Curley, left, and former Penn State vice president Gary Schultz, right, enter a district judge's office for an arraignment Monday, Nov. 7, 2011, in Harrisburg, Pa. / AP/Bradley C. Bower

HARRISBURG, Pa. - A former Penn State vice president on Tuesday asked a judge to throw out charges that he lied to a grand jury investigating former football assistant coach Jerry Sandusky and that he did not properly report suspected child abuse.

Gary Schultz said his statements to a grand jury that the allegations were "not that serious" and that it wasn't clear a crime occurred are opinions that cannot be proved false.

"Perjury prosecutions rarely rest on expressions of opinion or belief," wrote Schultz defense lawyer Tom Farrell in court records first obtained by The Associated Press.

Special section: The Penn State Scandal

Schultz also joined a motion filed Monday by co-defendant Tim Curley that challenged the failure-to-report charge on the grounds the law was different in 2002. That was when Schultz and Curley, the university's athletics director, fielded a report about Sandusky being in the campus showers with a young boy.

Farrell also is asking prosecutors to more precisely identify which part of Schultz's grand jury testimony they allege constituted perjury.

Farrell argued that the "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." Through a spokeswoman, Farrell declined to comment further.

A spokesman for the attorney general's office said Tuesday the agency had not received the filings but would review them when it had.

Sandusky, 68, has denied allegations he sexually abused 10 boys over a 15-year period. He faces 52 criminal counts and could go to trial in mid-May.

Sandusky gets visits with grandkids, local jury

[twilbur1]

If the police were smart, and it's a strong bet they aren't, they would follow the money. Penn state has a lot of money and some stupid child molesters, there is a money trail. I could be wrong and the cops are in Penn states pocket.

[lasvegasteacher]

Penn State Aura:

Hear no evil, speak no evil, see no evil, if you are connected to Penn State. After America saw the evil, Penn State now wants to pretend they did nothing wrong.

[pr_boxer]

Sorry Dr Schultz, no deal, but you can probably still work at McDonalds.

[pr_boxer]

Yes, I'm sure he does want the charges dropped, so does Bernie Madoff!

[PourpaixPourpaix]

Perjury charges are so lame and inadequate in this case. Failure to report and/or investigate make them accessories.

[fwd23515]

Weasels and liars.