Penn State responded to a motion in Mike McQueary’s whistleblower lawsuit in Centre County on Tuesday.
McQueary had requested in December that the university be compelled to turn over email communications from November 2011 and February 2012 that Penn State claimed were protected by either attorney-client privilege or work-product doctrine.
Specifically, the university’s response addressed two requested items, which were provided to the plaintiff in redacted form.
The university claims privilege because the communications involved then-general counsel and trustee Cynthia Baldwin, as well as outside counsel and counsel for former athletic director Tim Curley and former vice president Gary Schultz. Also at issue was the status of consultant Lanny Davis.
Penn State reaffirmed its privilege arguments in the response, including affidavits from university spokeswoman Lisa Powers and former president Rodney Erickson stating that the emails were seeking legal advice.
Erickson revised a prior statement that Davis was retained as a media consultant, with the new affidavit saying he was brought on “to advise on legal issues, including the need to correct the record concerning the university’s reputation in the media.”
McQueary, a key witness in the indictment and conviction of former Penn State assistant coach Jerry Sandusky on child sex abuse charges, is a former Nittany Lion quarterback and assistant coach.
Issues of privilege have been argued in multiple civil suits arising from the Sandusky case for both Penn State and the NCAA.