HARRISBURG, Pa. —
In these cases, Wenner has found, with the exception of a few charges he has dismissed, that state prosecutors have met the low burden of evidence necessary to win approval to take their cases to a full court trial.
For this hearing, state prosecutors led by Chief Deputy Attorney General Bruce Beemer are not trying to prove the men’s guilt. Rather, they just have to prove that enough evidence exists to warrant a trial.
No witness list was available Friday, but one key piece of evidence at the hearing could be that email exchange among the men.
“My eyes popped out of my head when I saw those emails because they are just so dramatically significant and documentary evidence of a then-conscious state of mind,” said Thomas Kline, a Philadelphia lawyer whose client, Victim 5, testified against Sandusky.
A football team graduate assistant in 2001, Mike McQueary, has testified that he saw Sandusky and a boy engaged in a sex act in the locker room shower and within days reported it to coach Joe Paterno, Curley and Schultz. However, Curley and Schultz say McQueary never reported that the incident was sexual in nature, and Spanier, in turn, has said Curley and Schultz never told him about any sort of sex abuse of a boy.
The three are charged with perjury, obstruction, endangering the welfare of children, failure to properly report suspected abuse and conspiracy. Those charges include allegations of hiding evidence from investigators and lying to the grand jury.