Dauphin County Judge Todd Hoover recently rejected motions by attorneys for Graham Spanier, Gary Schultz and Tim Curley that could have thrown out the charges against them.
The motions were related to the grand jury representation by former Penn State general counsel Cynthia Baldwin and the misconduct of prosecutors and the judge, who has since been dismissed by the Supreme Court for wrongdoing.
Spanier, Schultz and Curley thought Baldwin was representing them when they testified to the grand jury. However, in a private exchange between Baldwin and Judge Barry Feudale, while keeping Spanier in the dark, Baldwin said she represented the university solely. And when Spanier said under oath that he was represented by Baldwin, she did not correct him — she said nothing.
She double-crossed the Penn State officials and then testified to the Grand Jury under an agreement, probably gaining something similar to immunity for herself.
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Yet “Hoover determined the defendants’ right to counsel was never violated,” finding “meritless the idea that the defendants were then left without counsel.”
Spanier, Schultz and Curley went into the grand jury without proper representation. It was Baldwin and Feudale’s obligation to inform them of their lack of representation. Spanier was charged based solely on the now-rejected Freeh report and Baldwin’s suspect testimony.
Doesn’t this type of lying about legal representation go against our individual rights for a fair trial, as provided in our Constitution and through our court system? What am I missing?