Dauphin County Judge Todd Hoover entered an order Wednesday denying “numerous motions” filed by former Penn State administrators Graham Spanier, Tim Curley and Gary Schultz.
The three face felony charges of perjury, endangering the welfare of children and conspiracy, plus misdemeanor counts of obstruction of justice and conspiracy stemming from the Jerry Sandusky child sex abuse scandal and their grand jury testimony.
There were 13 motions before the court that were rejected, including motions from all three men to preclude the testimony of former Penn State trustee and onetime general counsel Cynthia Baldwin, who was also a state Supreme Court justice.
According to the defendants, they thought Baldwin’s work representing the university meant that she represented them, as well. The judge refuted that with his ruling after conducting closed hearings Nov. 20-21.
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“We recognize the sensitivity which surrounds the issue of the attorney-client privilege. We also recognize the defendants may exercise a right of appeal of this decision as to that issue,” Hoover wrote.
The court documents include excerpts of other proceedings, including the grand jury called to investigate Sandusky. In different areas, the testimony shows Spanier identifying Baldwin as his attorney, without being corrected, and Baldwin telling the court that she was representing Curley and Schultz.
However, during a private exchange in the chambers of Judge Barry Feudale on April 13, 2011, it was a different story.
“Cindy, just for the record, who do you represent?” Feudale asked.
“The university,” Baldwin responded.
“The university solely?” Feudale asked again.
“Yes, I represent the university solely,” Baldwin said.
Feudale no longer oversees grand juries after having been challenged by Attorney General Kathleen Kane in 2013 and removed by the state Supreme Court.
Hoover determined that the defendants’ right to counsel was never violated and that Baldwin “consistently and properly identified her role as counsel to the university,” while the men “chose to proceed” with that arrangement.
He also found “meritless” the idea that the defendants were then left without counsel.
Other motions denied included an attempt to quash the presentment as defective for “relying on attorney-client privileged communications and work product,” a request to suppress the grand jury testimony and dismiss charges and a motion to quash the criminal complaint.
Charges were filed in November 2011 against Curley and Schultz, and in November 2012 against Spanier, but no trial date has been scheduled yet for any of the three men.
Sandusky was charged in November 2011 and found guilty in June 2012. He is serving a 30-60 year sentence at Greene state prison.