Gary Schultz Appeals Court Ruling on Cynthia Baldwin Testimony

Lawyers representing Gary Schultz filed new appeals in court late last week in response to an April 9 ruling by Judge Barry Feudale.  Feudale refused a request to void the charges of perjury, obstruction of justice, and child endangerment.

The original appeal filed by former Penn State President Graham Spanier, Gary Schultz, and Tim Curley argued that the case against them was flawed because it is largely built on a testimony from former Penn State general counsel Cynthia Baldwin. The defendants are arguing that Baldwin’s testimony breached their attorney-client privilege.

According to Feudale’s April 9 ruling the appeal was dismissed because the issue was no longer relevant to the court case. “Simply stated, the Grand Jury Judge no longer has jurisdiction over this case since the defendants were arraigned and are awaiting a preliminary hearing.”

Feudale downplayed the idea that Baldwin’s testimony was a breach of attorney-client privilege: “It was not a violation of the attorney-client privilege, but rather was related to her belated awareness of the commission of alleged criminal acts and was in accordance with her responsibilities.”

Though all three defendants are pressing for the reversal of Feudale’s decision, attorneys representing Spanier and Curley have yet to join in the latest appeal.

Schultz’s attorney Thomas J. Farrell filed the appeal with the state Supreme Court, but, perhaps in anticipation that Feudale’s original opinion will be upheld, also filed a separate appeal with the state Superior Court.

The recent appeals are part of the Spanier, Schultz, and Curley’s desire to get a full pre-trial hearing that addresses the Baldwin-controversy before they have to face the charges of perjury, obstruction of justice, and child endangerment.