School district fights subpoena of Penn State victim records

Reuters News
Posted: Apr 30, 2012 6:28 PM
School district fights subpoena of Penn State victim records

(Reuters) - A Pennsylvania school district on Monday moved to quash a subpoena asking for psychological and other records of one of the 10 boys Penn State coach Jerry Sandusky is accused of sexually abusing.

The subpoena targeting the school district superintendent raised objections last week from prosecutors who accused Sandusky's lawyer, Joe Amendola, of embarking on a "fishing expedition" for information to defend Sandusky.

Prosecutors also criticized Sandusky's lawyer for revealing the name of Victim 1 in the subpoena, which authorities redacted before including it in the court file.

Victim 1 is among 10 boys Sandusky is charged with sexually abusing between 1994 and 2008. A grand jury indictment said Sandusky performed oral sex on him more than 20 times when he was 13 or 14 years old, had Victim 1 perform oral sex on him one day and also touched the child's genitals.

Sandusky was barred from Victim 1's school district, headquartered in Lock Haven, Pennsylvania, not far from Penn State, after the child's mother reported the allegations to the school.

Sandusky, 68, who has maintained his innocence, is under house arrest in the scandal that rocked the world of collegiate sports and led to the firing in November of Penn State's president Graham Spanier and legendary football coach Joe Paterno, who died of lung cancer in January.

At Centre County Court in Bellefonte, Pennsylvania, where Sandusky's trial is set to begin on June 5, lawyers for Kelly Hastings, superintendent of the Keystone Central School District, moved to quash the subpoena, calling it "unduly broad."

The subpoena seeks the complete school record of Victim 1, outlining 13 different categories of information including all IQ testing, disciplinary records, psychological diagnosis, attendance records and even report cards.

"The Defendant must articulate a reasonable basis for the request as utilizing subpoenas to compel production of documents for inspection or for a fishing expedition is improper," the school district lawyers said.

Asked to respond to the school district's motion, Amendola said in an email to Reuters, "We'll address Keystone Central's motion in court in due course."

(Editing by Eric Walsh)