Former Penn State athletic director Tim Curley and former vice president Gary Schultz lost a battle in court this week, but it wasn’t in their own criminal cases.
Chester County Senior Judge Thomas Gavin, specially presiding over the former Nittany Lions assistant football coach Mike McQueary’s whistleblower lawsuit against Penn State, ordered Tuesday that motions for a protective order filed by Curley and Schultz in the case were denied.
“It is further ordered that (Penn State) shall produce documents identified ... to the plaintiff,” the judge’s order read.
The two asked that communications with former Penn State trustee and then-counsel Cynthia Baldwin be held in the case, claiming they were covered by attorney-client privilege or as work product. That was not Gavin’s finding.
The judge did grant the petitions to intervene the two filed in the case, asking that, as non-parties to the suit, they be allowed to submit their motions to even be considered.
Gavin also filed another motion, permitting McQueary to file all exhibits from his motion to compel Penn State to produce documents under seal.
McQueary was the one-time grad student who testified regarding an alleged incident in which Jerry Sandusky sexually assaulted a boy in the showers. Sandusky was convicted of 45 of the 48 child sexual abuse counts against him in June 2012. He remains incarcerated at Greene state prison in Waynesburg.