Three former Penn State executives have won a small victory for an ongoing argument.
Former university president Graham Spanier, former vice president Gary Schultz and one-time athletic director Tim Curley have been arguing that they believed then-university counsel Cynthia Baldwin was acting as their attorney during the early days of the Jerry Sandusky child sex abuse case.
On Thursday, a judge issued an order that gave some acknowledgment of that.
Chester County Senior Judge Thomas Gavin issued orders granting in part petitions the men entered earlier in the week in the whistleblower lawsuit of former assistant football coach and key Sandusky witness Mike McQueary.
Gavin agreed to restrict Baldwin’s testimony, not allowing her to “disclose or testify about her communications” with Curley, Schultz or Spanier “regarding, relating to or in any way involving” their grand jury testimony.
The issue is important because all three men are still awaiting trial in their own criminal cases. They face charges in Dauphin County for perjury and conspiracy arising from that testimony.
Those cases have dragged for years while a flurry of motions flew not only in Dauphin County court, but in state appeals courts, several of them involving Baldwin, the university’s former general counsel and one-time trustee. Pennsylvania Superior Court will hear arguments next month on the issue.