Gary Schultz, left and Timothy Curley have been charged with perjury and failing to report an alleged sexual assault of a child.
Pennsylvania Attorney General
Gary Schultz, left and Timothy Curley have been charged with perjury and failing to report an alleged sexual assault of a child.

Story highlights

Prosecutors allege perjury in statements by former Penn State officials to a grand jury

Those statements from a grand jury transcript are part of the latest court filing

Former PSU officials Tim Curley and Gary Schultz have pleaded not guilty to perjury

The statements relate to an alleged 2002 child sexual assault by former coach Jerry Sundusky

CNN —  

Prosecutors in the Penn State child rape case detailed 15 responses to a grand jury by a former university official and 23 responses by another that authorities allege constitute perjury, according to court documents.

Tim Curley, Penn State’s former athletic director, and Gary Schultz, a former university vice president who oversaw campus police, have been charged with perjury and failing to report an alleged 2002 sexual assault of a child by former assistant football coach Jerry Sandusky.

In court papers filed Friday, the Pennsylvania attorney general’s office provided portions of a transcript of a January 2011 grand jury proceeding in which prosecutors accuse Curley and Schultz of committing perjury during question-and-answer exchanges.

Responding to prosecutors’ latest court action, the attorneys for Curley and Schultz issued a joint statement to the media: “We have received the prosecution’s filings and look forward to reviewing their responses.”

Prosecutors listed the answers given by Curley and Schultz to the grand jury “with the understanding that any or all of these statements will support the charge of perjury, and that it is not required to prove the falsity of every identified statement.”

A judge ruled in December that the perjury case against Curley and Schultz will go to trial, following graphic testimony from the prosecution’s star witness in the case against Sandusky, who faces more than 50 counts involving sexual acts with 10 boys since 1994.

Curley and Schultz have pleaded not guilty to the charges against them.

Sandusky, a longtime defensive coordinator for the Nittany Lions, is currently under house arrest as he awaits trial. He has pleaded not guilty.

The star witness, Mike McQueary, testified that he told university officials that he saw Sandusky possibly sodomizing a boy in 2002, saying that what he saw was “extremely sexual in nature.” McQueary was a graduate assistant for the football team at the time of the alleged incident.

But according to the grand jury transcript, Curley said that McQueary never stated that sexual conduct of any kind allegedly occurred between Sandusky and the boy.

Central to the perjury allegations were responses from Curley and Schultz to the grand jury about what said to them regarding the 2002 incident.

“My recollection was that Mike could hear there were people in – they were in the shower area, that they were horsing around, that they were playful, and that it just did not feel appropriate,” Curley told the grand jury, according to the transcript.

“I didn’t think that it was a crime at the time,” Curley said at another point.

In Schultz’s statements to the grand jury, he referred to a conversation he had with McQueary and Penn State football coach Joe Paterno, who died in January after battling lung cancer.

“My recollection was McQueary and Joe both only described what was observed in a very general way. There was no details,” Schultz told the grand jury about the locker room incident.

When asked if he formed an impression about the locker room incident, according to the transcript Schultz answered:

“Well, I had the impression that it was inappropriate. Telling you what kind of thing I had in my mind without being clear, without him telling me, but, you know, I had the feeling that there was perhaps some kind of wrestling around activity and maybe Jerry might have grabbed the young boy’s genitals or something of that sort is kind of the impression that I had,” according to the grand jury transcript.

Schultz told the grand jury that he had a recollection that the university asked the child protection agency to look into the matter.

Curley, 57, is now on leave from the university, and Schultz, 62, retired in the wake of the allegations. Days after a grand jury report was released last November, Penn State trustees fired President Graham Spanier and Paterno amid criticism that they could and should have done more.

CNN’s Susan Candiotti and Lena Jakobsson contributed to this report.