STATE COLLEGE (KDKA) — Former Penn State coach Mike McQueary says the university retaliated against him for testimony linked to the Jerry Sandusky investigation, and now he is suing. But Penn State is trying to delay that suit.
Both sides were in court Friday.
McQueary did not attend the hearing, but his lawyers argued that his whistleblower lawsuit should proceed even while the criminal proceeding goes ahead for three former Penn State administrators.
McQueary’s attorney, Elliot Strokoff, and Penn State attorney, Nancy Conrad, said much to reporters.
But the university argued that the charges against former president Graham Spanier and former administrators Tim Curley and Gary Schultz mean that none of them would likely testify in this case while their conspiracy case is unresolved.
McQueary’s lawyer countered that his side could do a year’s worth of depositions without hearing from the three criminal defendants to get the case moving.
McQueary claims the university did not pay him severance when he was let go, and that he was defamed when administrators backed the athletic department, implying that he lied to a grand jury when he told them about seeing Jerry Sandusky in a shower with a boy and reporting that to Joe Paterno.
McQueary says his future earning potential of $4 million over the next 25 years has been compromised.
Senior Judge Thomas Gavin listened to both sides on the delay question, but asked the university’s lawyers at one point whether a delay could extend through the criminal appeals process.
We should know how the judge will rule within two weeks.
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