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Graham Spanier Loses Bid for Early Look at Prosecution Case

by on July 25, 2013 3:35 PM

It's another legal setback for Graham Spanier. The former Penn State president faces a preliminary hearing next Monday, along with co-defendants Tim Curley and Gary Schultz.

Last Monday, Spanier's lawyers filed a motion, asking the court to see some of the evidence before the preliminary hearing. Thursday afternoon, Dauphin County President Judge Todd Hoover issued a terse reply; "The Motion for Disclosure of Preliminary Hearing Materials is DENIED."

Lawyers had asked for a transcript of Spanier's Grand Jury testimony.

They also wanted to see any documents the prosecution planned to introduce during the preliminary hearing along with a list of witnesses that may be called.

Spanier's legal team argued that access to those documents would be "in the interests of justice and efficiency."

They claimed it would allow Spanier to "inspect the materials and cross examine the witnesses in a meaningful way without the need for further breaks or delay."

Tim Curley, Gary Schultz and Graham Spanier were all supposed to have a preliminary hearing in December, but it was indefinitely postponed, while a series of legal proceedings made their way through the courts.

On Nov. 1, the men were charged with perjury, endangering the welfare of children, failure to report, criminal conspiracy and obstruction of justice for their role in allegedly concealing reports of Jerry Sandusky's child sex abuse. Former Attorney General Linda Kelly called their actions a "conspiracy of silence."

The men have asked a judge to dismiss their charges because they say they were deprived of attorney-client privilege when former Penn State general counsel Cynthia Baldwin testified before a grand jury while she represented Curley, Schultz and Spanier.

Lawyers for all three men claim their clients are innocent.

Spanier most recently requested a judge modify his bail. He wants to be able to travel abroad, which he is banned from doing. A judge previously allowed him to travel within the continental U.S. so long as he provides an itinerary. Spanier also wants to be able to travel without having to tell the court details of his trip beforehand.

A judge has not ruled on Spanier's request.

Sandusky, 69, was convicted in June 2012 on 45 of 48 counts of child sexual abuse and was sentenced to 30-60 years in prison in October. He is serving his sentence in solitary confinement.



Steve Bauer was the Managing Editor of StateCollege.com. 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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