Retired Penn State administrator Gary Schultz filed paperwork Wednesday in Centre County court indicating he intends to sue Cynthia Baldwin, the former university lawyer who he thought was representing him when he testified to the grand jury investigating Jerry Sandusky.
The paperwork is a writ of summons for a civil case. The document does not include a formal complaint outlining the allegations and the monetary damages Schultz would seek, but it indicates Schultz is considering suing over “legal professional liability.”
Baldwin’s attorney, Charles De Monaco, said he not seen the writ and did not want to address any issues outside the courtroom.
Schultz’s civil attorney, Thomas Sprague, could not be reached for comment.
Baldwin, a former state Supreme Court justice and former Penn State trustee, has come under scrutiny over her being at the grand jury when Schultz and senior university administrator Tim Curley testified in January 2011. That was before the men were charged with perjury and failure to report abuse in November 2011.
Later, Baldwin became a key grand jury witness whose testimony was used by prosecutors bringing additional charges against Schultz and Curley and indicting former Penn State president Graham Spanier.
The criminal defense attorneys for Schultz and Curley want all the charges thrown out, saying Baldwin violated attorney-client privilege by testifying against the men. They also want to keep her from taking the stand when their clients head to court for the preliminary hearing.
De Monaco has refuted the accusations about his client.
“The suggestion by anyone that Ms. Baldwin did not fulfill her ethical and professional duties to (t)he Pennsylvania State University and its agents and administrators is untrue,” De Monaco said in an email.
The grand jury transcript from Jan. 12, 2011, when Curley and Schultz testified, shows a brief interaction between Baldwin and the judge supervising the grand jury, Barry Feudale.
Feudale asked if Curley and Schultz were represented by anyone.
Baldwin answered him by saying, “My name is Cynthia Baldwin, general counsel for Pennsylvania State University.”
Feudale went on: “Will you be providing representation for both of those identified witnesses?”
Baldwin answered: “Gary (Schultz) is retired but was employed by the university and Tim (Curley) is still an employee.”
Feudale went on to read Curley and Schultz their rights as witnesses at the grand jury, and later that morning, the two men testified.
The court cases for Curley, Schultz and Spanier are on hold.
Curley and Schultz were scheduled for trial in January on the perjury and failure to report abuse counts, but the judge on that case called it off until further notice. The judge is still weighing several matters, like the defense’s request to throw out the failure to report count from 2001 on the grounds the statute of limitations expired before the charges were brought.
Schultz, Curley and Spanier are awaiting a preliminary hearing on the new charges that stem from Attorney General Linda Kelly called a “conspiracy of silence” to cover up allegations of abuse against Sandusky. The hearing, originally scheduled for this week, is on hold until the district judge overseeing the case sorts out some matters, such as whether Baldwin should be allowed to testify.
Baldwin left her post as the in-house attorney June 30.