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PSU scandal defendants lose appeal

HARRISBURG — Two former Penn State administrators lost a second state appeals court ruling in less than two weeks Tuesday, when Superior Court threw out their request to review whether a grand jury judge had authority dismiss charges against them.

The appeals court agreed with prosecutors, who argued the Supreme Court alone can consider matters regarding a grand jury investigation. The high court earlier this month, in a parallel matter, also ruled against retired vice president Gary Schultz and former athletic director Tim Curley.

The two men face criminal charges for an alleged conspiracy to cover up complaints about former assistant football coach Jerry Sandusky acting inappropriately with children. Sandusky, a former assistant football coach, was convicted a year ago of 45 counts of child sexual abuse and is serving a decades-long state prison sentence.

A spokesman for the state attorney general’s office and Schultz’s lawyer Tom Farrell both declined to comment.

In a filing made last month, Farrell told Superior Court the judge who supervised the grand jury that recommended charges against Curley, Schultz and Sandusky was wrong to decide he did not have authority to throw out charges against them.

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