The state attorney general wants a judge to throw out the appeal that lawyers for former Penn State officials Tim Curley and Gary Schultz are waging to prevent the grand jury presentment, which outlines the obstruction of justice allegations, from being used as evidence against the men.
In court papers filed last week at the Superior Court, Attorney General Kathleen Kane said the defense lawyers’ appeals must be heard by the state’s Supreme Court. Kane wrote that only the state’s highest court has jurisdiction over appeals from a grand jury investigation.
The lawyers for Curley and Schultz originally had moved to throw out the presentment in written requests to Judge Barry Feudale, who presided over the grand jury that investigated Curley, Schultz and convicted pedophile Jerry Sandusky. The defense lawyers contend that university counsel Cynthia Baldwin violated attorney-client privilege when she testified to the grand jury about Curley and Schultz, and as a result, the presentment should be thrown out.
Last month, Feudale denied the motion to throw out the presentment, saying he did not have jurisdiction to do so.
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As a result, the defense lawyers appealed to the Superior Court.
Last week in a written order unsealing a separate document, Feudale criticized the defense lawyers for stalling the obstruction case against Curley, Schultz and former Penn State President Graham Spanier.
The men were charged in November but their preliminary hearing has been postponed indefinitely pending several legal matters, including the issues surrounding Baldwin’s testimony.