Here is a link to the docket:
https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-22-CR-0003614-2013
Here is what it shows:
Proceed to Court
09/19/2013 Not Final
Information Filed
1 / Endangering Welfare Of Children
Proceed to Court
F3
2 / Obstruct Admin Law/Other Govt Func
Proceed to Court
M2
3 / Conspiracy - Endangering Welfare Of Children
Proceed to Court
F3
4 / Endangering Welfare Of Children
Proceed to Court
F3
5 / Conspiracy - Obstruct Admin Law/Other Govt Func
Withdrawn Pursuant to
Pa.R.Crim.P. 561(B)
M2
6 / Conspiracy - Perjury
Withdrawn Pursuant to
Pa.R.Crim.P. 561(B)
I'll say it again - you are wrong.
It's the Criminal Informations and Court Orders that govern what charges remain.
And if you want to look at docket sheets, you've got to look at all of them. Note that there are two each for Curley & Schultz. The 2011 docket sheets list the Perjury and FTR charges. Those charges are gone - but it is not reflected in the summary of charges at the front.
Curley, Docket: CP-22-CR-5165-2011
https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-22-CR-0005165-2011
Curley, Docket: CP-22-CR-3614-2013
https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-22-CR-0003614-2013
Schultz, Docket: CP-22-CR-5164-2011
https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-22-CR-0005164-2011
Schultz, Docket: CP-22-CR-3616-2013
https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-22-CR-0003616-2013
Spanier, Docket: CP-22-CR-3615-2013
https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-22-CR-0003615-2013
Jimmy would you mind listing exactly what is left, if you have time.
Sure thing. But I'm not gonna clean up the formatting on my notes.
Two counts of EWOC (felony 3) remain for each. That much is certain. The conspiracy to commit EWOC (felony 3) might be re-instated, but it and all other charges are gone.
That's 2 remaining counts out of 6 for each of CSS.
The conspiracy count is confusing. You cannot look at the docket sheet by itself to figure it out. You have to look at the Criminal Information that was filed 9/19/2013 which consolidated all the conspiracy charges into one (for each of CSS). The Superior Court dismissed that single conspiracy count on 1/22/2016. The commonwealth filed a motion on 10/12/2016 to get the the conspiracy to commit EWOC amended back onto the Criminal Information. Judge Boccabella has not directly addressed that commonwealth motion. And I have not seen an amended Criminal Information posted yet.
----- notes & links to follow
Note - the docket sheet never reflected the single consolidated conspiracy charge
Even as various charges have been dismissed - the docket sheet is not updated in the front matter; it still reflects original charges/counts.
### The 9/19/2013 criminal information was never made public as a single file. However, it was apparently included as an exhibit in later omnibus motions.
See Curley omnibus motion Exhibit D, 7/1/2016, for the 9/19/2013 Criminal Informations
http://www.dauphincounty.org/govern...2016 Curley Exhibits A - I to Omnibus PTM.pdf
Exhibit D, at page 112, **Curley Criminal Information 9/19/2013**
- 4 new counts
Exhibit D, at page 107, **Schultz Criminal Information 9/19/2013**
- 4 new counts
Exhibit D, at page 101, **Spanier Criminal Information 9/19/2013**
- 6 counts
### Original Criminal Information, 1/19/2012, Curley & Schultz, 2 charges each
**Curley Criminal Information, 1/19/2012**
- 2 counts
http://www.dauphincounty.org/govern...Schultz/Curley-AG-Information-Jan-19-2012.pdf
**Schultz Criminal Information, 1/19/2012**
- 2 counts
http://www.dauphincounty.org/govern...chultz/Schultz-AG-Information-Jan-19-2012.pdf
### Curley Criminal Informations
1/19/2012
Count 1 - Perjury (Felony 3)
Count 2 - Failure to Report (Summary)
9/19/2013
**Count 1 - EWOC (Felony 3)**
Count 2 - Obstruction (Misdemeanor 2)
Count 3 - Conspiracy (Felony 3)
- consolidates 3 (Conspiracy: Obstruction and/or Perjury and/or EWOC)
**Count 4 - EWOC (Felony 3)**
1/22/2016 - Obstruction & (related) Conspiracy dropped in appeal to Superior Court - due to violations of the attorney-client privilege
http://www.pacourts.us/assets/files/setting-3136/file-4931.pdf?cb=083406
10/13/2016 - Perjury dropped - due to violations of the attorney-client privilege
http://www.dauphincounty.org/govern...ctober 13, 2016 - Order of Court - Curley.pdf
2/1/2017 - Failure to Report Dropped - barred by statute of limitations
http://www.dauphincounty.org/govern...ary Charles Schultz, Graham Basil Spanier.pdf
### Schultz Criminal Informations
1/19/2012
Count 1 - Perjury (Felony 3)
Count 2 - Failure to Report (Summary)
9/19/2013
**Count 1 - EWOC (Felony 3)**
Count 2 - Obstruction (Misdemeanor 2)
Count 3 - Conspiracy (Felony 3)
- consolidates 3 (Conspiracy: Obstruction and/or Perjury and/or EWOC)
**Count 4 - EWOC (Felony 3)**
1/22/2016 - Obstruction & (related) Conspiracy, & Perjury & (related) Conspiracy dropped in appeal to Superior Court - due to violations of the attorney-client privilege
http://www.pacourts.us/assets/files/setting-3138/file-4930.pdf?cb=22541d
2/1/2017 - Failure to Report Dropped - barred by statute of limitations
http://www.dauphincounty.org/govern...ary Charles Schultz, Graham Basil Spanier.pdf
### Spanier Criminal Information
9/19/2013
Count 1 - Perjury (Felony 3)
**Count 2 - EWOC (Felony 3)**
Count 3 - Obstruction (Misdemeanor 2)
Count 4 - Conspiracy (Felony 3)
- consolidates 3 (Conspiracy: Obstruction and/or Perjury and/or EWOC)
**Count 5 - EWOC (Felony 3)**
Count 6 - Failure to Report (Summary)
1/22/2016 - Perjury, Obstruction & (related) Conspiracy dropped in appeal to Superior Court - due to violations of the attorney-client privilege
http://www.pacourts.us/assets/files/setting-4310/file-4932.pdf?cb=b97324
2/1/2017 - Failure to Report Dropped - barred by statute of limitations
http://www.dauphincounty.org/govern...ary Charles Schultz, Graham Basil Spanier.pdf
### Judge sets March trial for 3 Penn State ex-administrators
2/1/2017, Mark Scolforo; partial extract; says it best on the conspiracy charge
https://apnews.com/1864ea6e87654a78ad44941544bf2668
*The attorney general's office had sought to add a conspiracy charge related to the child-welfare accusation. The judge did not directly address that request, but he declined to dismiss that conspiracy charge based on time limits.*
### Note that the commonwealth made motions 10/12/2016 to amend criminal information to add the conspiracy to commit EWOC.
http://www.dauphincounty.org/govern...ion Pursuant to PA.R.Crim.P. 564 - Curley.pdf
The fact that the Commonwealth made this motion acknowledges the fact that the original, single, consolidated Conspiracy count (for each of CSS) was dismissed by the Superior Court.
### The judge did not formally address that motion in his 2/1/2017 order.
http://www.dauphincounty.org/govern...ary Charles Schultz, Graham Basil Spanier.pdf
### 234 Pa. Code Rule 561. Withdrawal of Charges by Attorney for the Commonwealth.
http://www.pacode.com/secure/data/234/chapter5/s561.html
Rule 561. Withdrawal of Charges by Attorney for the Commonwealth.
(A) After a case is held for court, at any time before the information is filed, the attorney for the Commonwealth may withdraw one or more charges by filing notice with the clerk of courts.
(B) Upon the filing of the information, **any charge not listed on the information shall be deemed withdrawn** by the attorney for the Commonwealth.
(C) In any case in which all the misdemeanor, felony, and murder charges are withdrawn pursuant to this rule, any remaining summary offenses shall be disposed of in the court of common pleas.