The charges against the former Penn State officials stem from a November 2012 grand jury report that accused the men of failing to notify authorities after a graduate assistant in 2001 said he saw Sandusky sexually abusing a boy in a locker room shower. Messrs. Spanier, Schultz, and Curley are accused of failing to report the incident to authorities and creating a “conspiracy of silence” that permitted Sandusky to continue his behavior, according to prosecutors.
The grand jury report and an independent investigation by former FBI Director Louis Freeh last year said that then-graduate assistant Mike McQueary reported witnessing sexual assault by Sandusky in 2001 to late head football coach Joe Paterno. Mr. Paterno reported the incident to Curley and Schultz, who then told former university president Spanier, according to the two reports.
The hearing Monday at the Dauphin County Court is expected to last between one and three days and will determine whether there is enough evidence to bring the men to trial. Under Pennsylvania law, prosecutors are required to show that a crime has been committed and that there is “good reason” to believe that the defendants committed it, according to the Pennsylvania Patriot-News. If the case moves to trial court, prosecutors must then prove the higher burden that the defendants committed a crime “beyond a reasonable doubt.”
The former officials say they were never aware that an allegation at the time involved anything of a sexual nature, but believed the graduate assistant only reported “horseplay” in the university locker room shower, reports the Associated Press.