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Judge Barry Feudale denied an attempt to throw out the grand jury report backing up the accusations and ruled against several other defense requests.
You may recall about 5 months ago, Graham Spanier, former president of Penn State Univeristy, was indicted on 5 charges along with additional charges being brought against Curley and Schultz.


Endangering the welfare of children

Criminal conspiracy



Failure to report child abuse

The three had sought to exclude the testimony of Penn State's former general counsel, Cynthia Baldwin, based on her actions as she accompanied the men to grand jury appearances in Harrisburg in early 2011.
More to follow as this story develops...

4:04 PM PT: The grand jury's report described in detail the behind-the-scenes conversations and decisions being made in late 2010 and in 2011, as Baldwin met with them after they were subpoenaed as part of the Sandusky investigation.

"Each personally and directly assured her that they knew of no information or documents involving alleged misconduct or inappropriate conduct by Jerry Sandusky," the grand jury wrote.

Baldwin testified to the grand jury that Spanier "specifically requested that she keep him informed of everything regarding (the Sandusky) investigation," the jury wrote.

In November, Curley and Schultz joined together to file one motion to prevent Baldwin from taking the stand against them.

The motion said Baldwin had violated attorney-client privilege by disclosing what they told her about the Sandusky matter, and that lawyers may not testify against their clients.

Spanier filed a similar motion and made a similar argument.

Feudale said his review of Baldwin's testimony indicates it was "circumspect and circumscribed. It was not a violation of the lawyer-client privilege, but rather was related to her belated awareness of the commission of alleged criminal acts and was in accordance with her responsibilities as an officer of the court."

Read More:

5:06 PM PT: From December - what Curley and Schultz were asking for:

Beyond naming legal malpractice as a possible cause of action, the details of Schultz's allegations in civil court were not immediately clear.

However, in his criminal case, Schultz has filed pretrial motions arguing the court should dismiss his case, or suppress his grand jury testimony in the alternative, in light of the fact that he believed Baldwin — a former state Supreme Court justice — was representing him when he went before a grand jury in early 2011 to discuss allegations against Sandusky.

In court papers, Schultz has pled Baldwin allowed him to "believe she was his unencumbered, conflict-free lawyer," telling him before his grand jury appearance that she would represent him at the proceeding.

Former Penn State athletic director Tim Curley also moved to dismiss his case, or suppress his grand jury testimony in the alternative, arguing in court papers that Baldwin told him she could represent him before the grand jury.

When the two men testified before the grand jury, both said they were being represented by Baldwin.

Baldwin, however, has claimed she was present before the grand jury to represent the university — not Schultz or Curley, both of whom have testified she was their lawyer.

Originally posted to Roxine on Tue Apr 09, 2013 at 03:30 PM PDT.

Also republished by TreeClimbers and House of LIGHTS.

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