Pa. Supreme Court denies Tim Curley, Gary Schultz appeal

mdawson@centredaily.comJune 7, 2013 

The state’s Supreme Court on Friday denied an appeal by two former Penn State administrators accused of concealing child abuse allegations against former assistant coach Jerry Sandusky.

The order did not say why the request by the lawyers for former athletic director Tim Curley and senior vice president Gary Schultz was denied, but the court said the attorneys could raise the issues when the case is prosecuted.

Because the appeal was sealed, the specific requests to the state’s highest court were not publicly available.

Curley’s and Schultz’s lawyers made the appeal after the judge who oversaw the grand jury that investigated the Sandusky allegations turned down a motion to throw out the grand jury presentment that was released in November.

The lawyers said former university general counsel Cynthia Baldwin violated attorney-client privilege when she testified against their clients before the grand jury, but Judge Barry Feudale said he did not have jurisdiction to throw out the presentment.

A spokesman for the Attorney General’s Office, which is prosecuting the case, declined to comment. Curley’s lawyer, Caroline Roberto, said the ruling “has no negative impact” on her client’s defense.

“To the contrary, we are actually pleased that the court has provided us the opportunity to vigorously litigate, in a full and open hearing, the extremely serious issue of attorney-client privilege and the role of former counsel Cynthia Baldwin in the grand jury investigation,” she said in a statement.

Curley and Schultz are two of the three former Penn State leaders who face charges in what prosecutors say was a cover-up of Sandusky’s abuse more than a decade ago.

Former university President Graham Spanier also is facing obstruction of justice, perjury and related charges, and his lawyers have asked a Dauphin County judge to dismiss them.

Curley and Schultz were indicted in November 2011 on perjury and failure to report abuse charges, and prosecutors added the obstruction charges last year when Spanier was indicted.

The three men are awaiting a preliminary hearing on the latest charges, and that proceeding has been on hold because of motions their defense lawyers filed in the hope of throwing out the charges and keeping Baldwin off the witness stand.

Baldwin’s lawyer, Charles De Monaco, has said his client did not do anything wrong.

Lawyers for Curley, Schultz and Spanier have all disputed the allegations and vowed to fight them in court.

Mike Dawson can be reached at 231-4616. Follow him on Twitter @MikeDawsonCDT.

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