Two more motions filed seeking to quash Sandusky subpoenas

By Jon Campisi | May 4, 2012

For the second time in a week, a Pennsylvania school district has filed a motion to quash a subpoena by Jerry Sandusky’s defense attorney seeking information that the educational institution claims is confidential.

Orris C. Knepp, III and Mark J. Remy, attorneys for the Mifflin County School District, filed the motion May 1 at the Centre County Court of Common Pleas.

In it, the district’s lawyers argue that information sought by Joseph Amendola, such as complete school records, IQ testing results, psychological diagnoses and medical records, is privileged information protected from release under state and federal law.

The district’s attorneys also question how the records in question, which relate to a former student identified only as “Accuser/Alleged Victim 9” in the Sandusky case, would be beneficial to the defense team representing Sandusky in his child sex-abuse case.

“The subpoena in question does not indicate why the personal identifiable information concerning the Student is relevant or admissible in the case at bar, and the District has no information as to how such information is admissible or relevant,” the motion states.

The motion, which also claims the records in question are protected by the Health Insurance Portability and Accountability Act, or HIPAA, also seeks to have a judge place the records under seal, making them available to the defendant “if, and only if, the material becomes relevant.”

Additional records that had been sought by Amendola on Victim 9 included all grade reports for any period where the child was a student of the district and all absentee days along with “any and all” medical or other reasons for the absences.

On the same day the Mifflin County School District filed its motion, attorneys for The Second Mile, the charitable organization started by Sandusky back in the 1970s to help disadvantaged youth, filed their own motion seeking to quash a subpoena by Amendola seeking information that the defense feels would help its case.

The Second Mile subpoena, attached to the motion as an exhibit, seeks, among other things, disciplinary records of some of Sandusky’s accusers.

Sandusky is said to have met some of his alleged victims through the charitable organization based in State College, Pa.

Some of the information sought by Amendola includes school records detailing the reason why a student was referred for admission at the organization, the names of counselors and volunteers who were assigned to individuals participating in Second Mile programs and detailed incidents in which students may have violated Second Mile rules.

The organization’s attorneys, Howard A. Rosenthal and Jeffrey M. Kolansky, ask for the subpoenas to be quashed because they involve confidential student information.

Sandusky, 68, remains on home confinement in State College, Pa. The former assistant football coach for the Penn State Nittany Lions is facing child sex-abuse charges for allegedly molesting 10 underage boys dating back to the 1990s.

Sandusky, who has maintained his innocence, is set to go on trial in June.

Judge John M. Cleland, who is overseeing the case, set a hearing for May 9 to address the various motions to quash the defense subpoenas.

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