Ex-Penn State president Graham Spanier seeks former university counsel’s testimony while preparing for trial

mcarroll@centredaily.comOctober 7, 2013 

Former Penn State president Graham Spanier wants transcripts of the grand jury testimony of then-university general counsel Cynthia Baldwin, as well as other evidence, as he prepares for trial.

An attorney for Spanier filed a new motion for pretrial discovery Monday in Dauphin County court. It’s the second time Spanier’s attorney has asked for discovery, a procedural part of preparing for the criminal case as it heads toward trial.

Spanier and former top administrators Tim Curley and Gary Schultz face charges that they covered up sexual child abuse allegations against Jerry Sandusky and blocked an investigation by the state Attorney General’s Office.

In the new filing, Spanier asks for transcriptions of Baldwin’s grand jury testimony, any discussions or rulings with respect to Baldwin’s assertion of attorney-client privilege and information regarding whether she was granted immunity for cooperating with prosecutors.

Baldwin, in her role as general counsel, sat with Spanier and Curley and Schultz when they testified before the grand jury. Defense attorneys for the men have accused her of violating attorney-client privilege by later testifying against them.

In the filing, an attorney for Spanier writes the former president was “denied the right to counsel and conflict-free counsel in connection with his grand jury appearance because of Ms. Baldwin’s egregious conduct ...”

Baldwin was absent from the preliminary hearing for the three men in July, and attorneys have said they will litigate the Baldwin issues.

Lawyers for Spanier, Curley and Schultz say their clients are innocent and have vowed to fight the charges at trial.

The trial is not expected until next year.

Matt Carroll can be reached at 231-4631. Follow him on Twitter @Carrollreporter.

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