Petitions by Gary Schultz and Tim Curley to have charges against them related to the Sandusky scandal thrown out were denied on Friday by the Pennsylvania Supreme Court, according to multiple reports.

Former athletic director Curley and former business & finance VP Schultz tried to get the charges thrown out on the grounds that they were misrepresented by Cynthia Baldwin, the university’s former chief legal officer, during the grand jury investigation last year.

Baldwin was in the room while the two men testified before the Jerry Sandusky grand jury. Both men said that they were under the impression Baldwin was representing them but after charges came out, Baldwin said that she was merely representing Penn State’s interests. The Pennsylvania Supreme Court ruling said that the duo can make that argument during trial.

Schultz and Curley are facing charged for conspiracy, perjury, and endangering the welfare of children.

“We are actually pleased that the court has provided us the opportunity to vigorously litigate, in a full and open hearing, the extremely serious issue of attorney-client privilege and the role of former counsel Cynthia Baldwin in the grand jury investigation,” Curley attorney Caroline Roberto said.

A similar appeal from Spanier is still pending.