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Curley & Schultz Fight Release of Documents in McQueary Lawsuit

by on April 20, 2015 12:15 PM

There's a new twist in Mike McQueary's whistleblower lawsuit against Penn State.

Attorneys for two former Penn State administrators are fighting the release of documents -- even though they're not named in McQueary's lawsuit.

On Monday morning, attorneys for Gary Schultz and Tim Curley both filed emergency petitions to intervene.

They're trying to prevent McQueary's legal team from accessing a number documents, most notably, several emails between Penn State's former general counsel, Cynthia Baldwin, and the lawyers who now represent Shultz and Curley.

Curley and Schultz were charged with perjury and failure to report shortly after Jerry Sandusky was indicted on child sex abuse charges on November 4, 2011.

In the latest court documents, Curley's attorney, Caroline Roberto, says the requested emails are protected by attorney-client privilege and another legal tool known as "work product doctrine." A similar argument was made by Shultz' lawer, Thomas Farrell.

The filings point out that both Curley and Schultz have sought to have Baldwin's grand jury testimony dismissed because they believed that she was representing them at the time she gave that testimony.

Dauphin County Judge Todd Hoover ruled that no attorney-client relationship existed but that decision is now being appealed to the superior court.

The emails in question were produced between Nov. 1, 2011 and Nov. 3, 2011 at the height of the Jerry Sandusky child sex abuse scandal. Those messages reportedly concern the draft of a statement that was released by Graham Spanier who at that time was Penn State's president.

In the statement, Spanier says "Tim Curley and Gary Schultz operate at the highest levels of honesty, integrity and compassion. I am confident the record will show that these charges are groundless ..."

Attorneys for Curley and Schultz have also filed for protective orders, asking a judge to prevent the release of those requested emails.

Spanier was charged with perjury and failure to report on November 1, 2012. Spanier, Curley and Schultz are also charged with endangering the welfare of children, criminal conspiracy and obstruction of justice. The three men have all vigorously proclaimed their innocence. No trial date has been set.

In June, 2012, Sandusky was convicted on 45 charges of child sex abuse. He was sentenced to 30-60 years in prison.

One of the most controversial aspects of the entire Sandusky scandal was the testimony of former Penn State Assistant Football Coach Mike McQueary. McQueary told the jury that on Feb. 9, 2001, he saw Sandusky in the shower with a young boy. The next day McQueary says he reported the incident to then-head coach Joe Paterno. McQueary says, several days later, he talked with Curley and Schultz about what he had seen.

McQuerary's coaching contract was not renewed, prompting his whistleblower lawsuit against the university.


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Steve Bauer was the Managing Editor of Steve and his wife Trina are longtime area residents. They reside in State College along with a wacky Golden Retriever named Izzy.
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