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UPDATE: New charges filed against Graham Spanier, Gary Schultz and Tim Curley

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UPDATE:

Attorney General's Statement-
Attorney General Linda Kelly and Pennsylvania State Police Commissioner Frank Noonan today announced that criminal charges have been filed against former Penn State University President Graham Spanier, who is accused of conspiring with other top university officials to conceal information about suspected child abuse involving Jerry Sandusky, along with obstructing the criminal investigation into this case, perjury before a grand jury, endangering the welfare of children and other related crimes.

New criminal charges have also been filed against former University Senior Vice President for Finance and Business Gary Schultz and former Penn State Athletic Director Timothy Curley.

Spanier, Schultz and Curley are accused of concealing information about suspected child abuse involving Jerry Sandusky, including on-campus incidents from 1998 and 2001 that were reported and discussed in great detail by those three men. The three are also accused of obstructing the criminal investigation into the case, making false statements before a grand jury, endangering the welfare of children and other related crimes.

“This is not a mistake, an oversight or a misjudgment. This was a conspiracy of silence by top officials at Penn State, working to actively conceal the truth, with total disregard to the suffering of children,” Kelly said.

"I hope the attention this case received will change people's perceptions concerning child sexual abuse," said Noonan. "If you are aware of a complaint by a child or if you know that a child is being abused, it is imperative that you report it immediately to law enforcement."

The grand jury presentment shows in great detail the ways in which the three men conspired to conceal and cover up the truth, according to Kelly.

“The grand jury issued a subpoena in December 2010,” said Kelly, “but pertinent emails and other key evidence were never turned over until April 2012, after these men had left their jobs.”

Notes and documents about the 1998 and 2001 crimes were allegedly kept by Schultz in a file drawer in his campus office. Schultz told staff members that they were never to look in that “Sandusky” file. On November 5, 2011 – the day that original criminal charges were announced against Sandusky, Schultz and Curley – that file was removed from Schultz’s office and delivered to his home.

The existence of Schultz’s file about Sandusky, along with an extensive amount of additional information from Penn State that was beneficial to the investigation, was not disclosed until after Spanier was terminated as President of the University by the Board of Trustees, which then directed university personnel to cooperate fully with the investigation.

Kelly said it is important to remember what was at stake in this case. Spanier, Schultz and Curley failed to do what was legally required of them when the matter first came to their attention. As a result, at least four boys were attacked between 2001 and 2008, including Victim 1, Victim 3, Victim 5 and Victim 9.

Graham B. Spanier, 64, 425 Windmere Drive, State College, is charged with one count perjury and two counts of endangering the welfare of children and two counts of criminal conspiracy, all third-degree felonies which are each punishable by up to seven years in prison and $15,000 fines.

Additionally, Spanier is charged with one count of obstructing the administration of law or other governmental function and one count of criminal conspiracy, both second-degree misdemeanors punishable by up to two years in prison and $5,000 fines, along with one count of failure to report suspected child abuse, a summary offense punishable by up to 90 days in prison and a $300 fine.

Gary Charles Schultz, 63, 636 Rosslyn road, Boalsburg, and Timothy Mark Curley, 58, 201 Meadowlark Lane, Boalsburg, are each charged with two counts of endangering the welfare of children and two counts of criminal conspiracy, third-degree felonies which are each punishable by up to seven years in prison and $15,000 fines. Schultz and Curley are also each charged with one count of obstructing the administration of law or other governmental function and one count of criminal conspiracy, second-degree misdemeanors which are each punishable by up to two years in prison and $5,000 fines.

Kelly noted that Curley and Schultz are currently awaiting trial in Dauphin County court on charges of perjury (one count each) and failure to report under the Child Protective Services Law (one count each). At this time that trial is scheduled to begin in January 2013.

Preliminary arraignments for all three will be scheduled before Harrisburg Magisterial District Judge William C. Wenner.

Kelly and Noonan noted that this remains an active and ongoing criminal investigation and thanked the agents, troopers, investigators and support staff from both the Office of Attorney General and the Pennsylvania State Police for their dedication and professionalism during this extensive effort.


Penn State University Statement-
Penn State officials today learned of the charges announced at a press conference held by Pennsylvania Attorney General Linda Kelly against former University president Graham Spanier, and of additional charges brought against former Athletic Director Tim Curley and former university administrator Gary Schultz, in relation to the Jerry Sandusky case. According to the Attorney General, all three men are now charged with conspiracy; obstruction of justice; endangering the welfare of children; failure to report a crime; and perjury.

Spanier was removed as president of the University on Nov. 9, 2011. After his removal, he continued to serve as a tenured professor at Penn State, though he has been on sabbatical leave. In light of the charges brought against him, Spanier will be placed on leave, effective immediately.

After charges were filed last November, Schultz returned to retirement and Curley was placed on administrative leave. Curley was on a fixed-term contract and has recently been given notice that his contract will not be renewed when it expires on June 30, 2013.

University officials will not comment further out of respect for the legal process.

_______________________________________________

Former Penn State President Graham Spanier on Thursday became the latest high-ranking school official to face charges in the child sex-abuse scandal involving former assistant football coach Jerry Sandusky. Additional charges were also filed against two other school officials already charged in the case.

GRAHAM SPANIER, former Penn State University president

—Perjury

—Two counts endangering the welfare of children

—Three counts conspiracy

—Obstruction

—Failure to report suspected child abuse

GARY SCHULTZ, former Penn State University senior vice president

—Two counts endangering the welfare of children

—Three counts conspiracy

—Obstruction

TIM CURLEY, former Penn State University director of athletics

—Two counts endangering the welfare of children

—Three counts conspiracy

—Obstruction

Schultz and Curley each already face charges of perjury and failure to report suspected child abuse.

 

©2012 Associated Press



Commonwealth of Pennsylvania v. Graham B Spanier

Magisterial District Judge 12-3-03
Docket Number: MJ-12303-CR-0000419-2012
Criminal Docket
Commonwealth of Pennsylvania
v.
Graham B Spanier
Page 1 of 2
DOCKET
CASE INFORMATION
Judge Assigned: Magisterial District Judge William C. Issue Date:
Wenner
11/01/2012
Complaint/Incident #: G071146135 Disposition:
Arresting Agency: Rockview PSP Arrest Date:
OTN: T 252359-2 File Date: 11/01/2012
County:
Township: Lower Paxton Township Case Status: Inactive
Dauphin Disposition Date:
STATUS INFORMATION
Case Status Status Date Processing Status
Inactive 11/01/2012 Awaiting Preliminary Hearing
DEFENDANT INFORMATION
Name: Spanier, Graham B Sex: Male
Date of Birth: 07/18/1948 Race: White
Address(es):
Home
State College, PA 16801
Advised of His Right to Apply for Assignment of Counsel?
Public Defender Requested by the Defendant?
Application Provided for Appointment of Public Defender?
No
No
No
Has the Defendant Been Fingerprinted? No
CASE PARTICIPANTS
Participant Type Participant Name
Arresting Officer Ellis, James P
Defendant Spanier, Graham B
CHARGES
# Charge Grade Description Offense Dt. Disposition
1 18 § 4902 §§ A F3 Perjury 02/01/2001
2 18 § 4304 §§ A F3 Endangering Welfare Of Children 02/01/2001
3 18 § 4304 §§ A Endangering Welfare Of Children 02/01/2001
4 18 § 5101 M2 Obstruct Admin Law/Other Govt Func 02/01/2001
5 18 § 903 §§ C M2 Conspiracy - Obstruct Admin Law/Other Govt Func 02/01/2001
6 23 § 6319 Penalties / Failure To Report 02/01/2001
7 18 § 903 §§ C F3 Conspiracy - Perjury 02/01/2001
8 18 § 903 §§ C Conspiracy - Endangering Welfare Of Children 02/01/2001
MDJS 1200 Printed: 11/01/2012 11:43 am
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets . Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data , errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
Magisterial District Judge 12-3-03
Docket Number: MJ-12303-CR-0000419-2012
Criminal Docket
Commonwealth of Pennsylvania
v.
Graham B Spanier
Page 2 of 2
DOCKET
DOCKET ENTRY INFORMATION
Filed Date Entry Filer Applies To
11/01/2012 Criminal Complaint Filed Magisterial District Court 12-3-03
MDJS 1200 Printed: 11/01/2012 11:43 am
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets . Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data , errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
Page 2 of 2



Commonwealth of Pennsylvania v. Gary Charles Schultz


Magisterial District Judge 12-3-03
Docket Number: MJ-12303-CR-0000420-2012
Criminal Docket
Commonwealth of Pennsylvania
v.
Gary Charles Schultz
Page 1 of 2
DOCKET
CASE INFORMATION
Judge Assigned: Magisterial District Judge William C. Issue Date:
Wenner
11/01/2012
Complaint/Incident #: G071146135 Disposition:
Arresting Agency: Rockview PSP Arrest Date:
OTN: T 252376-5 File Date: 11/01/2012
County:
Township: Lower Paxton Township Case Status: Inactive
Dauphin Disposition Date:
STATUS INFORMATION
Case Status Status Date Processing Status
Inactive 11/01/2012 Awaiting Preliminary Hearing
DEFENDANT INFORMATION
Name: Schultz, Gary Charles Sex: Male
Date of Birth: 09/03/1949 Race: White
Address(es):
Home
Boalsburg, PA 16827
Advised of His Right to Apply for Assignment of Counsel?
Public Defender Requested by the Defendant?
Application Provided for Appointment of Public Defender?
No
No
No
Has the Defendant Been Fingerprinted? No
CASE PARTICIPANTS
Participant Type Participant Name
Arresting Officer Ellis, James P
Defendant Schultz, Gary Charles
CHARGES
# Charge Grade Description Offense Dt. Disposition
1 18 § 4304 §§ A F3 Endangering Welfare Of Children 02/01/2001
2 18 § 4304 §§ A F3 Endangering Welfare Of Children 02/01/2001
3 18 § 5101 M2 Obstruct Admin Law/Other Govt Func 02/01/2001
4 18 § 903 §§ C M2 Conspiracy - Obstruct Admin Law/Other Govt Func 02/01/2001
5 18 § 903 §§ C F3 Conspiracy - Perjury 02/01/2001
6 18 § 903 §§ C F3 Conspiracy - Endangering Welfare Of Children 02/01/2001
MDJS 1200 Printed: 11/01/2012 11:48 am
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets . Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data , errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
Magisterial District Judge 12-3-03
Docket Number: MJ-12303-CR-0000420-2012
Criminal Docket
Commonwealth of Pennsylvania
v.
Gary Charles Schultz
Page 2 of 2
DOCKET
DOCKET ENTRY INFORMATION
Filed Date Entry Filer Applies To
11/01/2012 Criminal Complaint Filed Magisterial District Court 12-3-03
MDJS 1200 Printed: 11/01/2012 11:48 am
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets . Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data , errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
Page 2 of 2



Commonwealth of Pennsylvania v. Timothy Mark Curley


Magisterial District Judge 12-3-03
Docket Number: MJ-12303-CR-0000421-2012
Criminal Docket
Commonwealth of Pennsylvania
v.
Timothy Mark Curley
Page 1 of 2
DOCKET
CASE INFORMATION
Judge Assigned: Magisterial District Judge William C. Issue Date:
Wenner
11/01/2012
Complaint/Incident #: G071146135 Disposition:
Arresting Agency: Rockview PSP Arrest Date:
OTN: T 252393-1 File Date: 11/01/2012
County:
Township: Lower Paxton Township Case Status: Inactive
Dauphin Disposition Date:
STATUS INFORMATION
Case Status Status Date Processing Status
Inactive 11/01/2012 Awaiting Preliminary Hearing
DEFENDANT INFORMATION
Name: Curley, Timothy Mark Sex: Male
Date of Birth: 04/28/1954 Race: White
Address(es):
Primary
Boalsburg, PA 16827
Advised of His Right to Apply for Assignment of Counsel?
Public Defender Requested by the Defendant?
Application Provided for Appointment of Public Defender?
No
No
No
Has the Defendant Been Fingerprinted? No
CASE PARTICIPANTS
Participant Type Participant Name
Defendant Curley, Timothy Mark
Arresting Officer Ellis, James P
CHARGES
# Charge Grade Description Offense Dt. Disposition
1 18 § 4304 §§ A F3 Endangering Welfare Of Children 02/01/2001
2 18 § 4304 §§ A F3 Endangering Welfare Of Children 02/01/2001
3 18 § 5101 M2 Obstruct Admin Law/Other Govt Func 02/01/2001
4 18 § 903 §§ C M2 Conspiracy - Obstruct Admin Law/Other Govt Func 02/01/2001
5 18 § 903 §§ C F3 Conspiracy - Perjury 02/01/2001
6 18 § 903 §§ C F3 Conspiracy - Endangering Welfare Of Children 02/01/2001
MDJS 1200 Printed: 11/01/2012 11:49 am
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets . Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data , errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
Magisterial District Judge 12-3-03
Docket Number: MJ-12303-CR-0000421-2012
Criminal Docket
Commonwealth of Pennsylvania
v.
Timothy Mark Curley
Page 2 of 2
DOCKET
DOCKET ENTRY INFORMATION
Filed Date Entry Filer Applies To
11/01/2012 Criminal Complaint Filed Magisterial District Court 12-3-03
MDJS 1200 Printed: 11/01/2012 11:49 am
Recent entries made in the court filing offices may not be immediately reflected on these docket sheets . Neither the courts of the Unified Judicial System of
the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data , errors or
omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be
provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S.
Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183.
Page 2 of 2

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