A school district attended by one of Jerry Sandusky's accusers sought to block defense efforts Monday to scrutinize the boy's school records.
The Keystone Central School District in Lock Haven, Pa., asked a judge to throw out a subpoena issued by Sandusky's attorney, Joseph Amendola, on April 9 requesting the disciplinary records, grade reports, IQ results, and psychological evaluations of a boy prosecutors have identified only as sex abuse Victim 1.
"A subpoena is improper when it is unduly broad or requires the improper inclusion of irrelevant information," wrote school district attorney David I. Lindsay in court filings. "Here, the defendant fails to articulate a foundation as to the reasonableness, materiality, or justiciability of such a request."
Lindsay's motion comes four days after state prosecutors also objected to the subpoena and three others on the ground that they revealed the names of purported sex abuse victims in direct violation of a judge's order. The subpoenas, issued by Amendola, also demanded access to information from state agencies like the Pennsylvania State Police that a judge had already denied him, prosecutors said.
A judicial gag order on the case prevented Amendola or the Attorney General's Office from commenting Monday. But Michael Boni, a Bala Cynwyd attorney who represents Victim 1, described the subpoena as an invasion of his client's privacy.
"The fact is, he's got nothing to hide," Boni said of his now-18-year-old client. "But let's say he did — he had an attendance problem or got Cs instead of As — is that some sort of defense against allegations that Sandusky raped him?"
Sandusky, a former Pennsylvania State University assistant football coach, has denied charges he molested Victim 1 and 10 other boys over a period of 15 years, and his lawyer has suggested the coach's defense will rest on attacking the accusers' credibility.
As described in a grand jury presentment unsealed last year, Sandusky met Victim 1 about six years ago through the Second Mile, a program the former coach founded for underprivileged youths. Over a period of months, Sandusky began spending more time with the boy, taking him to football games, taking him out of class at his school, and inviting him over for sleepovers where the former coach would offer massages.
Those activities led to sexually explicit encounters in 2007 and 2008, the victim testified. Sandusky allegedly performed oral sex on him more than 20 times.
Amendola's subpoena last month suggests a troubled history for the teen. It requests records of psychiatric evaluations he received in school as well as behavior management plans drawn up by guidance counselors. In his filings Monday, Lindsay argued that those records are privileged under federal law.
Judge John M. Cleland ordered Amendola to file responses to the complaints by prosecutors and the Keystone Central School District by Thursday. Boni said Monday he also planned to lodge a complaint against the subpoenas on behalf of his client.
Sandusky, 68, has remained confined to his State College home. Jury selection in the case is scheduled to begin June 5.