Report: Court Upholds Dismissal of Charges Against Curley, Schultz and Spanier

Pennsylvania Superior Court on Wednesday denied a petition by the state attorney general’s office for re-argument of dismissed charges against of Penn State president Graham Spanier, former vice president Gary Schultz and former athletic director Tim Curley, according to the Associated Press.

In January, a panel of Superior Court judges quashed felony charges of perjury, obstruction and conspiracy charges against Spanier and Schultz. Curley had the obstruction and conspiracy charges quashed. All three still face misdemeanor charges of child endangerment and failure to report suspected child abuse, and the perjury charge against Curley still stands.

The attorney general could still appeal to the state Supreme Court. A spokesman for the prosecution told the AP that the decision was under review on Wednesday.

The dismissal of charges came after attorneys for the former Penn State officials successfully argued that former university counsel Cynthia Baldwin’s grand jury testimony violated their attorney-client privilege, and that she did not explain to them that she was representing the university and not them individually when each testified before a grand jury investigating Jerry Sandusky in 2011.

When Sandusky was indicted on charges of child sexual abuse, Curley and Schultz were charged with perjury related to their testimony before the grand jury, as well as child endangerment and failure to report for what prosecutors claimed was their handling of earlier reports about Sandusky and possible abuse. Spanier was charged the following year on similar grounds and at the same time Curley and Schultz had the obstruction and conspiracy charges added.

Sandusky was convicted on 45 counts related to child sexual abuse. He has maintained his innocence and is currently trying to get a new trial under the Post Conviction Relief Act.