Penn State objects to proposed subpoena against Louis Freeh’s law firm

mdawson@centredaily.comMarch 14, 2014 

Penn State is fighting a subpoena the lawyers for the family of Joe Paterno want to serve on Louis Freeh’s law firm.

Penn State lawyers filed objections to the proposed subpoena on Friday in Centre County Court.

The proposed subpoena makes 25 separate requests for documentation from Freeh’s Pepper Hamilton. The records sought pertain to documentation involving NCAA and its officials, the Big Ten and Penn State about the Freeh investigation and the NCAA consent decree.

Some of the requests include documentation about the decision to fire Paterno, documents to support a Freeh report reference that Paterno knew what was going on at Penn State football facilities and drafts of the consent decrees.

Penn State, which was recently added as a defendant in the Paternos’ lawsuit against the NCAA, said it won’t object to records of actual communications. However, the lawyers said, some of the requests cannot be fulfilled for several reasons.

For example, the university said it never waived attorney-client privilege or other protections with the Freeh firm that would make investigative materials subject to the discovery process in the lawsuit.

In addition, the Penn State lawyers said the Paterno family and the late coach’s estate don’t have the legal standing to sue the university.

Instead, the university lawyers said the subpoenas must wait until its objections to the lawsuit are filed and then subsequently considered by the judge handling the case.

The university has until Monday to file its objections with the lawsuit’s claims.

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