Judge says top Penn State lawyer didn't represent ex-officials, clearing way for obstruction trial
In a Wednesday ruling that clears the way for an obstruction case against three former Pennsylvania State University officials to proceed to trial, a Dauphin County judge held that Penn State’s then-general counsel did not represent the trio as individuals during their grand jury testimony about Jerry Sandusky.
Judge Todd Hoover said general counsel Cynthia Baldwin represented then-university president Graham Spanier, athletic director Tim Curley and senior vice president Gary Schultz only in their capacity as Penn State officials as they testified in 2011 about what they knew of accusations against Sandusky, according to the Allentown Morning Call, the Centre Daily Times and the Harrisburg Patriot-News.
“We recognize the sensitivity which surrounds the issue of the attorney-client privilege. We also recognize the defendants may exercise a right of appeal of this decision as to that issue,” said Hoover in his written opinion (PDF).
Sandusky, a former longtime assistant football coach at Penn State, is now serving a hefty prison term for child molestation, after being convicted in 2012 of molesting 10 boys between 1994 and 2008.
Spanier, Curley and Schultz are accused of participating in a cover-up that allegedly included hiding evidence from investigators years ago, and then lying about their conduct and knowledge to a grand jury. They have pleaded not guilty and say they were unaware of claims that Sandusky had sexually abused minors.
In addition to arguing that the obstruction case should be dismissed on attorney-client privilege grounds, the defense had sought to suppress 2012 grand jury testimony by Baldwin.
An earlier Patriot-News article provides additional details about the defense’s privilege arguments.
Related coverage:
ABAJournal.com: ” ‘Tragic day for Penn State,’ judge says as he OKs criminal trial for ex-prez, other former officials”
ABAJournal.com: “Claiming prosecutorial misconduct in Sandusky probe, ex-Penn State president sues state AG’s office”
