Attempts by Tim Curley and Gary Schultz to have charges against them dismissed stemming from the Jerry Sandusky child sexual abuse scandal were unsuccessful according to court documents released Friday afternoon.
Both defendants argued that they were misrepresented by Cynthia Baldwin, Penn State’s former legal counsel. Curley and Schultz believed Baldwin was representing them when she was in the room to hear their testimony before a grand jury.
The Pennsylvania Supreme Court ruled that the argument against Baldwin can be made at trial, but the motion for now was denied.
In a statement following the court ruling, Caroline Roberto, an attorney for Curley released the following statement:
“We are actually pleased that the court has provided us the opportunity to vigorously litigate, in a full and open hearing, the extremely serious issue of attorney-client privilege and the role of former counsel Cynthia Baldwin in the grand jury investigation.”
Curley, Penn State’s former athletic director, and Schultz, the former vice president for finance and business at the university, both face eight charges including perjury, conspiracy, and endangering the welfare of children.
The appeals are sealed and are not publicly available.
A date for the trial is not yet set and has been pushed back multiple times due to motions filed by defense lawyers attempting to get the charges dismissed.
Former Penn State president Graham Spanier also faces similar charges.
Sandusky, 68, Penn State’s former long-time defensive coordinator, was convicted in June 2012 on 45 counts of child sexual abuse. Sandusky was sentenced to 30-60 years in prison this past October.
