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Grand jury judge: Penn St. defendants are stalling

The supervising judge for the grand jury that investigated how former administrators handled Penn State's high-profile child sex-abuse scandal said in a new court filing that the defendants are intentionally stalling their criminal case with repeated motions and appeals.

"In this court's view, defendants' various motions, appeals and assertions (all of which are within their rights) are an attempt to delay the case from being heard before the proper tribunals," Feudale wrote in an order released Tuesday.

The defendants, former school president Graham Spanier, vice president Gary Schultz and athletic director Tim Curley, are accused of covering up complaints about convicted sex offender Jerry Sandusky.

"Continued delay of this case is not in the interest of justice as to (the) defendants and the alleged victims," Feudale wrote in response to defense requests.

Attorneys for Curley and Schultz declined comment, and a spokesman for Attorney General Kathleen Kane blamed defense motions for the delays.

"The attorney general is appreciative that Judge Feudale recognizes that further delays are harmful and looks forward to a fair and expeditious resolution of these cases," said Kane spokesman Dennis Fisher.

Sandusky, the school's former assistant football coach, was arrested on child molestation charges in November 2011, at the same time charges of perjury and failure to properly report suspected abuse were lodged against Curley and Schultz.

Sandusky was convicted last summer of sexually abusing 10 boys. He is pursuing appeals while serving a 30- to 60-year state prison sentence.

Curley and Schultz have not gone to trial, and additional charges were filed against them in November, when Spanier was charged.

The courts have not conducted a preliminary hearing for the second set of charges, which is unusual, as the defendants have objected to the possibility that former Penn State chief counsel Cynthia Baldwin might be a witness against them.

The three men face charges of perjury, obstruction, endangering the welfare of children, failure to properly report suspected abuse and conspiracy.

Spanier was forced out as university president shortly after Sandusky's arrest. Curley was the school's athletic director, but he is currently on leave while serving out the final year of his contract. Schultz, once a top administrator as vice president for business and finance, has retired.

All three have vigorously denied the allegations against them.

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