Seven alumni-elected members of the Penn State Board of Trustees are back in court this week, hammering away at Penn State for access to documents related to the controversial Freeh Report.
Trustees Anthony Lubrano, Ted Brown, Barbara Doran, Robert Jubelirer, Ryan McCombie, William Oldsey, and Alice Pope filed a petition in the Centre County Court of Common Pleas in April. They demand unrestricted access to all materials gathered or created by former FBI director Louis Freeh during his investigation at Penn State in the wake of the Jerry Sandusky child sex abuse scandal.
In new court documents filed Tuesday, the trustees continue to argue they need unfettered access to the documents to properly fulfill their duties to the university.
“The suggestion that the Sandusky scandal no longer impacts The University or the fiduciary obligations owed by Trustees to The University is denied,” attorneys for the seven trustees write.
Penn State has argued that the information is protected by attorney-client privilege, which the trustees dispute. They argue that Freeh was not hired to provide legal advice, so the documents he used in his investigation can’t be protected by privilege.
The trustees also argue that, even if the privilege argument holds water, they still should have access to the documents.
“Petitioner Trustees have the right to review such information and they will respect and honor any privilege that is determined to apply,” their latest court filing reads. “…In any event, no part of the Source Material can be withheld from Petitioner Trustees on the basis of a claim of privilege since they, as Trustees, are the holders of privilege.”
This latest round of debate is a reply to a lengthy memorandum filed by Penn State attorneys in May in response to the trustees’ petition.
Penn State says that the information requested is protected by attorney-client privilege and confidentiality agreements with people interviewed by Freeh, which makes unrestricted access impossible to grant. However, Penn State previously offered the trustees the information they want if they would agree to sign a confidentiality agreement.
Penn State and the trustees were unable to agree on the terms of a confidentiality agreement, prompting the trustees to file their petition in court.
The judge presiding over the petition has scheduled a hearing on July 21, which will be he first time the request will be debated in person in the courtroom.
The Freeh Report — which alleges that several former university leaders attempted to cover up the Sandusky scandal — has long been a hot topic among the board of trustees. Last October, the board voted not to reopen the report for closer examination, but only after a lengthy, heated debate.
More recently, Penn State President Eric Barron has voiced dissatisfaction with the report and pledged to personally review it. He has not yet announced any conclusions from his review.
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