State College, PA - Centre County - Central Pennsylvania - Home of Penn State University

PA Superior Court Denies Appeal by Curley and Schultz

by on June 19, 2013 11:48 AM

The Pennsylvania Superior Court has denied the latest appeal by former Penn State administrators Tim Curley and Gary Schultz.

The men want the testimony of former Penn State counsel Cynthia Baldwin thrown out. Baldwin's testifed before the grand jury investigating the Jerry Sandusky scandal. Lawyers for Curley and Schultz claim their clients believed Baldwin was representing them. They claim her grand jury testimony created a conflict of interest.

Curley and Schultz appealed after Judge Barry Feudale's refused to throw out perjury, obstruction of justice and child endangerment charges. In April, Feudale said he no longer has jurisdiction over the case because the men "were arraigned and are awaiting a preliminary hearing."

According to court documents filed Tuesday, the Superior Court says only the state Supreme Court has the authority to overrule Feudale's decision. The state Supreme Court denied Curley's and Schultz's appeal in the beginning of the month. 

Along with former Penn State President Graham Spanier, the men face various charges related to their handling of allegations against Sandusky. No trial date has been set. 

Sandusky, 69, was sentenced to 30-60 years in prison for his sex crimes against children.

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