Pretrial hearing set in case against Spanier, Curley and Schultz

mdawson@centredaily.comNovember 21, 2013 

A Dauphin County judge has scheduled a pretrial hearing in the case of the three former Penn State administrators accused of covering up Jerry Sandusky’s child abuse.

The hearing is from Dec. 17 to Dec. 20, but the scheduling order from Dauphin County President Judge Todd Hoover does not say what the purpose of the hearing is.

Former president Graham Spanier, former athletic director Tim Curley and retired administrator Gary Schultz face charges of perjury, obstruction of justice, conspiracy, child endangerment and failure to report abuse. Their lawyers have maintained their clients’ innocence and vowed to fight the charges at trial.

One of the outstanding matters in the case is whether testimony from former Penn State general counsel Cynthia Baldwin can be used by the prosecution.

Baldwin was with the men in early 2011 when they testified to the grand jury investigating Sandusky, who all thought she was representing them and stated as such. The defense lawyers have said that Baldwin subsequently violated attorney-client privilege when she testified against Spanier, Curley and Schultz at a grand jury proceeding later.

The defense lawyers have moved to dismiss the charges based on the questions pertaining to Baldwin.

Attorney General Kathleen Kane, whose office is prosecuting the case, said a hearing regarding Baldwin’s role was going to happen in October, but it never did.

The defense also says the statute of limitations has expired on the count of failure to report abuse.

Mike Dawson

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