Three Former Top Penn State Administrator Will Stand Trial - FOX 10 News | myfoxphoenix.com

Three Former Top Penn State Administrator Will Stand Trial

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HARRISBURG, Pa. -

Three former top Penn State administrators will stand trial for allegedly blocking the investigation into the Jerry Sandusky child sex abuse case. That's the ruling in a preliminary hearing today in Harrisburg.

Former Penn State President Graham Spanier, school vice-president Gary Schultz and Athletic Director Tim Curley will stand trial on charges of perjury, obstruction of justice, conspiracy and child endangerment.

Two days of testimony and e-mail evidence convinced the judge that this case should move forward. The judge ruled that Spanier and his co-defendants Curley and Schultz knew more than they admitted and did less than they should have about Jerry Sandusky's heinous sex assaults on young boys. All will stand trial.

"We maintain Dr. Spanier is innocent of all the charges that have been brought against him, and we look forward, and he looks forward, to the opportunity to demonstrate that for all," says Tim Lewis, attorney for Graham Spanier.

"As you heard, there were no files that were destroyed by Mr. Curley. There were no documents that were destroyed by Mr. Curley. And I think when we're at trial and we can actually pursue what needs to be pursued related to the e-mails, you'll be able to get a fuller impression of actually what was said and want was done," says Caroline Roberto, attorney for Tim Curley.

"What a prosecutor is supposed to do is come in to court and introduce evidence and then make arguments about the elements of the offense and how the evidence proves each of those elements beyond a reasonable doubt. I didn't hear anything like that today. I haven't heard anything like that in two years because there isn't evidence that proves these charges or the elements of them beyond a reasonable doubt," says Tom Farrell, attorney for  Gary Schultz.

Prosecutors made clear that the actions of the three administrators allowed Sandusky to remain free to assault other young men, even after he was caught in the act in a campus football shower facility in February 2001. Attorney Tom Klein represents the Sandusky victim assaulted six months later.

"Had this been properly handled back in February of 2001, the very charges of child endangerment, which were held over for trial here today, that victim number five would not have been assaulted in the showers in August of 2001. There's a direct causal linkage," says Klein.

No trial date has been set just yet, but given the legal arguments still to be made on behalf of the defendants, no one expects the proceedings to get underway before 2014.

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