The three former Penn State administrators charged with covering up child sex abuse allegations against Jerry Sandusky are again asking a Dauphin County judge to dismiss the case.
Attorneys for Graham Spanier, Tim Curley and Gary Schultz want charges against their clients dismissed and their grand jury testimony suppressed, arguing in lengthy court documents filed Wednesday that the men didn’t have proper legal representation.
Former Penn State general counsel Cynthia Baldwin was present when the three men testified to the grand jury investigating Sandusky in early 2011. The men’s lawyers say they thought Baldwin represented them individually, but Baldwin’s lawyer has said she was there to represent Penn State’s interests.
Defense lawyers have argued throughout the criminal proceedings that Baldwin violated attorney-client privilege when she later testified to the grand jury, and that therefore the charges should be dismissed.
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The state Attorney General’s Office, in a separate filing, said the arguments from defense attorneys are moot because charges against the three men have already been bound over for trial following a preliminary hearing.
“The defendants appear to be of the view that, if they appear before a grand jury with conflicted or ineffective counsel, they have a ‘get out of jail free card’ to play at a later day, including after a preliminary hearing,” prosecutors wrote in the filing.
State prosecutors have accused Spanier, Curley and Schultz of lying to the grand jury and covering up abuse allegations against Sandusky from more than a decade ago.
Baldwin told the grand jury that Spanier kept information from Penn State’s board of trustees as the grand jury investigation widened.
The men are charged with perjury, obstruction of justice, conspiracy, child endangerment and failure to report abuse.
Their lawyers maintain their clients are innocent.