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Judge adamant that Curley and Schultz case should head to trial

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Lawyers for Tim Curley and Gary Schultz were back in court Thursday, battling against state prosecutors. At stake is whether their clients would have to face a jury.

What happened Thursday in court was just part of the trial process and is very routine. The defense is trying to get the charges dropped, while the state is trying to get this case to trial.

Much of the 70-minute hearing dealt with the defense asking for the charges, which are perjury and failing to report child abuse, to be dropped. The defense said what the state calls lies are actually opinions given by Schultz and Curley to the Grand Jury.

The defense also requested more evidence and details about the charges so they can form a better defense. The last motion was over the ten-year statute of limitations for failure to report.

The incident with Mike McQueary happened in February of 2001, more than ten years ago. But the state argued that that charge is a “continuing offense”, meaning it's not linked to the date of the crime. The state basically said all these issues should be put before a jury to decide.

“We're confident we are going to win this case before the judge and jury if need be,” stated Thomas Farrell, attorney for Gary Schultz. “We are confident we are right as a matter of law.”

The judge is expected to rule soon. There were also a lot of questions about the health of Tim Curley. It has been reported he is very ill with cancer. But his lawyers would not comment.


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