BELLEFONTE (AP) - The Mifflin County School District has asked the judge in Jerry Sandusky's criminal case to throw out a subpoena for information about one of his alleged victims.
Attorneys for the school district filed a motion Tuesday to quash the defense subpoena, citing federal and state laws that govern disclosure of various school records. The records sought by the subpoena pertain to the young man described in court documents as "Victim 9, " who is referred to in the motion to quash as "a student in the District."
Filed by the law firm of Knepp and Snook, the motion to quash states Sandusky has asked for records involving classroom achievement, discipline and mental health issues, among other things. The motion states that the subpoena does not indicate why the personal identifiable information concerning "Victim 9" is relevant or admissible in the case. It also asks the court to either quash the subpoena or at least allow the records in question to be deposited and placed under seal with the court "and made available to the defendant (Sandusky) if, and only if, the material becomes relevant."
Sandusky, 68, a former Penn State assistant football coach, is awaiting a June trial on 52 criminal counts for alleged sexual abuse of 10 boys during a span of 15 years. He has denied the allegations.
"I believe the subpoena issued by the Sandusky defense is very overreaching. There are a number of acts that protect the records for students that come into play in this situation," attorney Orris Knepp said Tuesday. "That's why we filed a very comprehensive motion to quash, because those records ought to be protected under the law."
On Monday, Keystone Central School District, based in Lock Haven, filed a similar motion regarding "Victim 1," and last week state prosecutors objected to the use of defense subpoenas.
The Second Mile, a charity for at-risk youths founded by Sandusky in 1977, filed a motion Tuesday to join the efforts of Keystone Central School District and the attorney general's office. Citing elements of both previous filings, The Second Mile attorneys Howard Rosenthal and Jeffrey Kolansky asked Judge John Cleland to quash a subpoena the charity received in mid-April from the Sandusky defense.
Sandusky's lawyers said Tuesday they planned to respond in writing to the objections. Cleland has given them until Thursday morning to respond to various issues regarding the subpoenas that were raised by the attorney general's office.
Sentinel Managing Editor Frank Jost also contributed to this report.
