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Kelly said a grand jury issued a subpoena in December 2010 but relevant emails and other evidence were not turned over until April 2012, after the three men had left their jobs.
Schultz kept a file about the 1998 and 2001 incidents involving Sandusky at his campus office and told staff members never to look in the file, Kelly said.
It was removed from the office on the day charges against Sandusky were announced and delivered to Schultz’s home.
The file’s existence, along with other information relevant to the grand jury investigation, was not disclosed until after Spanier was fired and trustees ordered full cooperation with the probe, she said.
Spanier, a family sociologist and former University of Nebraska-Lincoln chancellor, has been on sabbatical as a tenured professor since being fired as president. He now has been placed on leave effective immediately, Penn State said in a statement.
Arraignment for Schultz and Curley is set for Friday in Harrisburg, and Spanier will be arraigned on Nov. 7. Schultz and Curley face trial on the perjury and failure to report charges in January.
Timothy Lewis, an attorney for Spanier, rejected the charges as politically motivated. In an email, he said they were an attempt by Governor Tom Corbett to divert attention from his failure to warn about Sandusky.
Corbett, a Republican, was re-elected attorney general in 2008 but left the job when he was elected governor in 2010. He named Kelly to replace him, and a new attorney general will be elected on Tuesday. Kelly is not seeking office.
Daniel Filler, a law professor at Drexel University in Philadelphia, said prosecutors likely would argue that Spanier had covered up for Sandusky to protect the highly successful football program.
“I expect prosecutors will make the case that Spanier’s ticket was punched by the athletic program and he would be very protective” of it, he said.
Lawyers for Curley and Schultz did not immediately reply to requests for comment. Curley was placed on leave after the 2011 charges and his contract will not be renewed when it runs out in June 2013, Penn State said.
The National Collegiate Athletic Association, the governing body for college sports, slapped Penn State with a $60 million fine and voided 14 seasons of football victories. At least three of Sandusky’s victims have sued Penn State.