The lawyer for former Penn State Athletic Director Tim Curley has asked for the Commonwealth to drop perjury and failure to report charges against her client stemming from the Jerry Sandusky scandal.

Curley’s lawyer, Caroline Roberto, filed a motion in Dauphin County Court asking a judge to throw out the charges. The defense argues that because Joe Paterno will no longer be able to testify in the case, there is no other witness able to corroborate Mike McQueary’s testimony that he informed Curley and Gary Schultz of the graphic sexual act he witnessed Jerry Sandusky performing on a minor in the shower.

Curley and Schultz both insist that they are innocent and properly reported the information they were given by McQueary to former University President Graham Spanier. Curley claims that he was only informed by McQueary that he saw “an uncomfortable activity in the shower” with a young boy, which is much less graphic than what McQueary says he reported.

Curley is currently still employed by Penn State and on administrative leave. No trial date has been set.

The document asking for the charges to be dropped can be read here.