Judge Robert Eby's acknowledged that Spanier is appealing the criminal conviction and if it is overturned Spanier can file a motion to have the judgment in the lawsuit set aside and resume the case.
The 41-year-old adopted son of Jerry Sandusky pleaded guilty to 14 counts of child sexual abuse against two minors one week before his trial was scheduled for.
The motion asks specially-presiding judge Robert Eby to enter a judgment in Freeh's favor and against Spanier, who initiated a lawsuit for defamation and tortious interference against the former FBI director and judge in 2015.
Al Pacino is going to look a lot like Joe Paterno in the upcoming HBO film about the Sandusky Scandal.
Berks County Senior Judge John A. Boccabella denied the motion of former Penn State President Graham Spanier for an acquittal or a new trial, and also granted work release to both former athletic director Tim Curley and former vice president Gary Schultz.
"The NCAA's implication that the litigation was ceased out of a fear of discovery being revealed is absurd on its face. At every stage of this litigation we have sought to make a complete record available. As recently as three weeks ago, the NCAA successfully kept the evidence in this matter under seal."