PSU news by
Penn State's student blog

Topics

About

Judge Rules Cynthia Baldwin Acted Properly in Defense of Curley, Spanier, Schultz

The Commonwealth’s case against Graham Spanier, Tim Curley, and Gary Schultz had its first major public filing in months today, as Judge Todd Hoover denied the trio’s request to dismiss their charges, ruling that then-attorney Cynthia Baldwin gave proper legal counsel during the men’s grand jury testimony.

Some quick background, since all of these lawsuits can get tricky: Spanier, Curley, and Schultz are charged with perjury, conspiracy, and endangering the welfare of children related to the Sandusky scandal. The trio alleged that they were denied the right to an attorney when they testified before the grand jury in 2010 and that Baldwin should not have testified because she represented them. This fact is in dispute; Baldwin has stated that she was only representing Penn State and not the three administrators during the grand jury proceedings, but the administrators claim that they were not aware of that distinction. They filed to have their charges dropped and for Baldwin to be barred from testimony in their still-unscheduled criminal trial as a result.

Back to the present. Hoover found in today’s lengthy filing that Baldwin indeed represented the former administrators properly. “We have determined that Ms. Baldwin represented the university and defendants as agents conducting university business,” he said. Hoover also found that Baldwin testified within the scope of the attorney-client privilege, as it was properly waived by Penn State prior to the grand jury’s proceedings. The judge finally determined that no conflict of interest was present in Baldwin’s role.

Hoover made clear that Penn State was the owner of the attorney-client privilege, and once it waived that right, Baldwin was free to testify. Furthermore, Spanier did not meet the burden of proof that he and Baldwin had an individual attorney-client privilege.

Baldwin’s role in the case was a sticking point for the accused, as Spanier’s lawyer Elizabeth Ainslie has repeatedly cast doubt on the fairness of the grand jury proceedings. More than three years have passed since Curley and Schultz were initially charged in November 2011, and still no trial date has been set in the case.

Image: StateCollege.com

Your ad blocker is on.

Please choose an option below.

Sign up for our e-mail newsletter:
OR
Support quality journalism:
Purchase a Subscription!

About the Author

Tim Gilbert

Former Managing Editor of this site, now just makes lots of #content for it from the Phyrst’s Table 69. Senior from Philadelphia. First-generation Penn Stater. I might go to law school after this, but I might not, too. “For the Glory” is in my email signature because I’m a douche. [email protected] is my email if you want to tell me why I suck. Alternatively, you can call me out on Twitter @OlGilb.

Comments

Other posts by Tim

Penn State’s New Academic Mark Is Just Awful

My brain is not able to understand how a team of people supposedly proficient in this industry gathered, looked at this new mark, and said, “Yes, this will do!”

Penn State Hoops To Host DePaul In Inaugural Gavitt Tipoff

James Franklin To Throw First Pitch At Yankee Stadium On April 28

UPUA To Consider New Policy Change Adding ‘Community Group’ Seats

Though the Judicial Board has final say on the timing of implementing all policy changes, it is expected the changes will take effect for the 14th Assembly if approved.

What To Do In Pittsburgh Over Thanksgiving Break

If you’re heading back home to the Steel City next week, be sure to check out some of these events and attractions.

Send this to a friend