Penn State Scandal: Spanier Fights Ban on Contacting Board Members; Schultz Blasts Baldwin
Former Penn State administrators aren't letting any time idle while they await new court dates in their 'conspiracy of silence case,' filing documents this week combating judge's orders and a prosecutor's motion.
Former Penn State President Graham Spanier has petitioned the court further modify his bail – which was amended once before when Spanier was granted permission to travel outside of Pennsylvania – so that he is not banned from contacting members of the Penn State Board of Trustees.
In court documents filed on Monday, attorneys for Spanier write that "such broad prohibition is without legal justification and may, indeed, be unconstitutional.
"It is also impractical; Graham Spanier lives in State College, Pennsylvania, as do many of the past and current members of the university Board of Trustees ... contact between defendant and trustees is inevitable." The complaint goes on to say that Spanier often bumps into members of the board "at the grocery store" and at other social events.
Meanwhile, former Penn State vice president Gary Schultz filed a motion that requests an evidentiary hearing, largely because he and former Penn State Athletic Director Tim Curley did not have proper representation when they testified before the grand jury.
The motion says Cynthia Baldwin – former Penn State counsel who represented Schultz and Curley as well as the university and testified without ever disclosing her conflict of interest – "failed to advise Mr. Schultz of any limitation or conflict in her representation." According to court documents, the Commonwealth did not contest the allegation that Baldwin did not represent the personal interests of either Curley or Schultz at the grand jury.
Curley, Schultz and Spanier were charged on Nov. 1 by outgoing Attorney General Linda Kelly in connection with their alleged involvement in concealing Jerry Sandusky's rampant child sexual abuse. They were each charged with perjury, endangering the welfare of children, failure to report, criminal conspiracy and obstruction of justice.
Sandusky, 68, was convicted on June 22 on 45 of 48 counts of child sexual abuse. He is serving a 30-60 year sentence at SCI Greene, a maximum security facility. He has an evidentiary hearing at 9:30 a.m. Thursday that marks the beginning of his appeal process.