Those counts involve claims by state investigators that Spanier deliberately did not report allegations of child-sex crimes by former assistant football coach Jerry Sandusky to law enforcement in 2001.
Corky Goldstein, a Harrisburg attorney joined us in studio to talk about the Graham Spanier case set to start tomorrow.
Opening statements are expected Tuesday in the trial of former Penn State President Graham Spanier - accused in an alleged cover-up of the Jerry Sandusky sex abuse scandal.
Spanier was soon after pushed out of the presidency and agreed to a deal that gave him 18 months' salary, a $1.5 million retirement payment, a $700,000 post-presidency sabbatical payment and five years of tenured faculty service at $600,000 annually, ending this coming November.
Originally listed as co-conspirators with Spanier, Curley and Schultz are now expected to testify against their former colleague, according to a witness list announced during the jury selection process.
Prosecutors picking jurors Monday in Spanier's trial said former vice president Gary Schultz and former athletic director Tim Curley are on their witness list.
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Spanier declined to comment as he entered the Harrisburg courthouse for a trial that could last a week or more.
Schultz and Curley recently pleaded guilty to lesser charges of child endangerment.
This story has been corrected to show McQueary reported seeing Sandusky in the shower with the boy in 2001, not 2002. That failure, the attorney general's office claims, allowed Sandusky to abuse at least three more boys before Sandusky was stopped in 2011.
Michael McQueary, a former Penn State assistant football coach, who testified to a grand jury that he witnessed Sandusky in the showers of the Lasch Building, appeared on the list. Paterno died of lung cancer in 2012.
A key piece of evidence is likely to be an email exchange the Freeh team obtained, in which the three high-ranking officials debated how they should handle the 2001 shower incident. He called the plan "humane and a reasonable way to proceed".