Former Nittany Lion assistant coach Mike McQueary’s whistleblower suit has had an unexpected consequence.
It has Penn State making the same argument as former athletic director Tim Curley and former vice president Gary Schultz.
In documents posted to the Centre County website on Monday, attorneys for both men submitted requests to join the university’s protests against releasing some documents.
McQueary filed a motion to compel Penn State to produce a number of documents in December. Penn State promptly protested, claiming attorney-client privilege and work product doctrine regarding some of them, including a number of emails between Cynthia Baldwin, a former university trustee and then-general counsel, and attorneys for Schultz and Curley.
Both men are subjects of criminal cases in Dauphin County, rising from the grand jury indictment of Jerry Sandusky on child sex abuse charges in 2011. Both face allegations of perjury and conspiracy, along with former Penn State president Graham Spanier.
They have both raised the issue of attorney-client issues in their own cases, claiming they thought they were represented by Baldwin. Dauphin County Judge Todd Hoover has ruled that there was no attorney-client relationship between the men and Baldwin, but both appealed.
Last week, Dauphin President Judge Richard Lewis issued a statement on denial of that appeal.
Lawyers for Curley and Schultz say the issue is “currently within the jurisdiction of the Pennsylvania Superior Court.” There are no new documents listed on the Superior Court’s website regarding the appeal.
But the new Centre County documents put the pair on the same side as the university.
“Mr. Schultz has a clear and undeniable interest in preventing disclosure of privileged material and he should be permitted to intervene and file the attached motion for protective order,” attorney Thomas Farrell wrote.
“Because production of documents without the entry of a protective order would affect Mr. Curley’s interest, he should be permitted to intervene ...” lawyer Caroline Roberto wrote.
No trial date has been scheduled in the Curley, Schultz and Spanier cases, which have dragged on for years. Hoover recently took a leave of absence from the bench and the cases will be heard by a different judge.
McQueary’s case will have oral arguments Thursday in Centre County.