In what is probably the least surprising news of the day, a judge ordered former Penn State president Graham Spanier, former athletic director Tim Curley and former campus police supervisor Gary Schultz will go to trial for their role in the coverup of Jerry Sandusky's rampant abuse of children.
District Justice William Wenner ruled Tuesday afternoon there was enough evidence for the former Penn State officials to stand trial on charges of obstruction of justice, endangering the welfare of children and conspiracy in the Jerry Sandusky child sex abuse scandal. Spanier, the former Penn State president, is also facing perjury charges. Schultz and Curley were already bound over for court on those charges.
Before making his ruling, Wenner called it "a tragic day for Penn State, to say the least."
Curley's lawyer claimed that the evidence against the three men is based on "innuendo and far-fetched evidence." I have to wonder how she said that with a straight face, in light of
the discrepancies between Spanier's grand jury testimony in 2011 and an email exchange in 2001 about the now-infamous shower incident.
For example, Spanier told the grand jury under oath that he Curley and Schultz never discussed whether to take the 2001 shower-room assault allegation against Sandusky to child welfare officials for an abuse investigation.
That is in sharp contrast to an e-mail thread between the three co-defendants in which making such a report was considered and ultimately rejected with Spanier’s blessing.
That was one of three major discrepancies between Spanier’s grand jury testimony from April 2011 that has led to perjury charges against the former president today.
Prosecutors have also alleged that Spanier lied when:
• He told the grand jury investigating former Penn State football assistant Jerry Sandusky that he never understood the 2001 incident to involve the abuse of a child.
• He told the same panel that he was never made aware of any prior accusations against Sandusky. Records show Spanier was copied on at least some of the updates between Schultz and Curley on that case.
Although this isn't news to anyone who has followed the case, this is the first time Spanier's grand jury testimony was read into the record.
The case is likely to go to trial at some point in 2014. If convicted on all charges, the three men could get over 20 years in prison. Sentencing guidelines call for roughly eight years total (based on reading the Pennsylvania sentencing guidelines), but given the gravity of their offenses it's hard to see how they won't face upward departure if convicted.