Penn State ex-VP says he had no 'secret files'

Former Penn State vice president Gary Schultz enters a district judge's office for an arraignment Monday, Nov. 7, 2011, in Harrisburg, Pa. (AP Photo/Matt Rourke)

June 12, 2012 7:36:13 PM PDT
Former Penn State vice president Gary Schultz did not possess "secret files," his lawyer said late Tuesday, responding to reports that investigators have emails in which Schultz and the university's then-president discussed not alerting child welfare authorities to a school employee's complaint about seeing Jerry Sandusky showering with a boy.

Schultz's lawyer, Tom Farrell, said in a statement that all of the former administrator's files were left behind when he retired, and were available to his secretaries and successor.

"The only 'secret' information revealed was the privileged grand jury information inaccurately described by unidentified law enforcement sources to the media," Farrell wrote.

Schultz awaits trial with Penn State athletic director Tim Curley on charges of failing to properly report suspected child abuse and lying to the grand jury that investigated Sandusky, allegations they both have denied. Sandusky, 68, is currently on trial in a central Pennsylvania courtroom, fighting allegations he sexually abused 10 boys over a 15-year period.

The emails, NBC reported Monday, show Schultz and university president Graham Spanier discussing an allegation that Sandusky molested a boy in a team shower in 2001, an incident that became the subject of testimony in Sandusky's trial on Tuesday. The network reported that the two men agreed not to take the case to outside authorities out of concern for Sandusky.

A university spokesman said Monday the emails were unearthed during the investigation being conducted for Penn State by former FBI director Louis Freeh's consulting firm, and were immediately turned over to state prosecutors. Penn State spokesman Dave La Torre declined to comment on the content of the emails.

In a court filing in Schultz's case, which was made as testimony began in Sandusky's case on Monday, the attorney general's office said it recently obtained emails that circulated among Schultz, Curley and others "that contradict their testimony before the grand jury." Prosecutors also said Schultz recently gave them a file he kept relating to incidents involving Sandusky.

Spanier did not return messages seeking comment left Monday and Tuesday. He has not been charged with any crime.

Schultz testified to the grand jury in the Sandusky case that head coach Joe Paterno and assistant Mike McQueary reported the 2001 shower encounter "in a very general way."

McQueary testified about that encounter on Tuesday, telling Sandusky jurors that he stumbled upon the former defensive coordinator with the boy, both naked in a team shower, and remains convinced that Sandusky was molesting the child. Sandusky denies all the allegations against him. If convicted, he could go to prison for the rest of his life.