Perjury counts aginst ex-Penn State officials retained

Ex-Penn State Athletic Director Tim Curley, left, and former university Vice President Gary Schultz lost their bid to have perjury counts dismissed arising from their testimony before a grand jury investigating child sex abuse against former assistant coach Jerry Sandusky. By NBC News and wire services A judge in Pennsylvania on Wednesday rejected a bid by two former Penn State administrators to dismiss perjury charges against them arising from their testimony before a grand jury investigating child sex abuse allegations against former assistant football coach Jerry Sandusky. In rejecting motions by former university Vice President Gary Schultz and ex-Athletic Director Tim Curley to dismiss the perjury counts against them, Dauphin County Judge Todd Hoover wrote that their contention that there is insufficient evidence to corroborate the charges will be more appropriately determined at trial. He also said prosecutors have given the defendants adequate information about which portions of their grand jury testimony are at the heart of the perjury charges. Hoover did not rule on a motion by the defendants to dismiss the other count against them -- failure to properly report suspected child abuse. The judge indicated that he will issue a separate ruling on that motion, in which Shultz and Curley argue that the statute of limitations has expired. Read the judge's ruling Schultz, the school's former vice president for business and finance, has retired. Curley, the athletic director, is on leave from the university. Their trial is scheduled to begin in Harrisburg with jury selection on Jan. 7. A spokesman for the attorney general's office declined to comment. A spokeswoman for the defendants' lawyers did not immediately return messages seeking comment. Related stories: Penn State president, Paterno concealed facts about Sandusky sex abuse, report finds Ex-Penn State president says he didn't protect Sandusky, was himself an abused child  Sandusky, a former Penn State defensive coordinator under the late coaching legend Joe Paterno, was convicted in June on charges he sexually abused 10 boys, some on campus. He maintains his innocence. He's jailed awaiting sentencing next month. The Associated Press contributed to this report. More from Open Channel: How prosecutorial turf wars complicated money-laundering probe of bank Blind sheik terrorist will stay in US prison, White House says The real vote-fraud opportunity has arrived: casting your ballot by mail Solar panel startup to get $197 million from Uncle Sam Washington Post debunks claim that Obama skips security briefings Trillion-gallon loophole: lax rules for drillers who inject pollutants into Earth Officials see Iran, not outrage over film, behind cyber attacks on banks Investigation finds no evidence AG Holder knew of 'Fast and Furious' sting Benghazi emerges as key recruiting ground for al-Qaida Follow Open Channel from NBCNews.com on Twitter and Facebook