Skip to main content

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.

CONSPIRACY OF SILENCE - GRAHAM SPANIER, TIM CURLEY, GARY SCHULTZ

Endangering the welfare of children

Criminal conspiracy

Obstruction

Perjury

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: http://sportsillustrated.cnn.com/...

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.

http://www.americanlawyer.com/...

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

Also republished by TreeClimbers and House of LIGHTS.

EMAIL TO A FRIEND X
Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags

?

More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site