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Curley, Schultz Arraigned on $50,000 Each, Attorneys Vow to Fight Charges

by on November 02, 2012 3:18 PM

HARRISBURG, Pa. — Former Penn State Athletic Director Tim Curley and former Penn State vice president Gary Schultz were each arraigned on $50,000 bail on Friday after new charges were brought against them by the Attorney General's Office on Thursday. 

Schultz and Curley entered the courtroom wearing suits and were not handcuffed. Curley was accompanied by his wife. 

Curley and Schultz were arraigned on $75,000 unsecured bail when they were charged in Dec. 2011 with felony perjury and summary failure to report.

On Thursday, Pennsylvania Attorney General Linda Kelly called a press conference at noon in Harrisburg, where she announced new charges against Penn State's former top administrators – this time around, including former Penn State President Graham Spanier – in what she called a 'conspiracy of silence.' Former Penn State President Graham Spanier was charged for the first time since the start of the investigation, while former athletic director Tim Curley and former vice president Gary Schultz received three new charges each.

Curley, Schultz and Spanier are each charged with perjury, endangering the welfare of children, failure to report, criminal conspiracy and obstruction of justice. Spanier will be arraigned at 9:30 a.m. on Wednesday in Harrisburg.

The arraignment, presided over by District Judge William Wenner, started around 2 p.m. and wrapped in about 15 minutes. En route to their cars, Roberto and Tom Farrell, Schultz's attorney, addressed the media and said their clients are innocent of all charges and they are prepared to "fight it to the end" – should the charges be upheld. 

Roberto said she recently filed again for a dismissal of all charges. 

"There's very little new in this presentment ... I told you all last year that the perjury charge is a very weak case and that it would be almost impossible for the prosecution to prove that charge," Roberto said. "The prosecution recognized that, and this year, they're asking for a do-over.

"We will aggressively pursue this case." 

Roberto also said once the defense has the opportunity to present their case in court, they will explain the email exchanges "and put into context" between Curley, Schultz and Spanier that were included in the Freeh report as well as the grand jury report released on Thursday that the Attorney General's Office said proves the men were not only aware of Jerry Sandusky's sex crimes against children in 1998 and again in 2001, but proved they did nothing to protect the children who were being victimized. 

According to the presentment, former general counsel for Penn State Cynthia Baldwin represented Curley and Schultz before the grand jury in 2011 while concurrently representing Penn State.

Baldwin would later testify before the grand jury herself, an event in which she said Spanier had full knowledge of the reports made in 1998 and 2001 against Sandusky.

Roberto said that is a conflict of interest that never should have been allowed. 

"The fact that Cynthia Baldwin represented our clients at the grand jury back in 2011 is a new issue that has been raised in the presentment," Roberto said.

"I can tell you that when we read the presentment, we were stunned, we were flabbergasted that she would have testified against our clients at, I assume, the grand jury after representing them before the grand jury. 

"We're just as surprised, quite frankly, that the prosecution would allow her to testify at the grand jury under these circumstances," Roberto said.

Neither attorney confirmed whether Curley or Schultz will testify at trial. 

Curley announced in January he is battling lung cancer. Roberto has made no comment since then other than to say her client's health is "a personal matter," as she reiterated on Friday.

Sandusky, 68, was sentenced to 30-60 years in prison on Oct. 9. He was convicted on June 22 on 45 of 48 charges of sexually abusing 10 boys over a 15-year period.

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Laura Nichols is a StateCollege.com news reporter and @LC_Nichols on Twitter.
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