Ex-Penn State president Graham Spanier failed to provide an adequate reason a federal court should stop his criminal prosecution on charges from the Jerry Sandusky scandal, Pennsylvania Attorney General Kathleen Kane argued in court papers last week.
The legal memo from the Attorney General’s Office was in response to an injunction Spanier filed in U.S. District Court in Harrisburg last month. Spanier’s lawsuit accuses Sandusky case prosecutor Frank Fina of violating his due-process rights through the grand jury investigation that led to charges of perjury, obstruction of justice, conspiracy, failure to report abuse and child endangerment.
Kane responded by asking the federal court to dismiss the case, and on Wednesday, she filed additional court documents laying out her argument.
Spanier maintains he is innocent and has a motion before Dauphin County President Judge Todd Hoover to dismiss the charges against him.
His co-defendants, Tim Curley and Gary Schultz, face the same charges and are awaiting trial, as well. Curley’s and Schultz’s lawyers have maintained their clients’ innocence and also asked the judge to dismiss the charges.