In new briefs filed in Dauphin County court Friday, attorneys for two former Penn State administrators pressed for a hearing on their claims that Athletic Director-on-leave Tim Curley and retired senior vice president Gary Schultz were effectively denied legal counsel when they testified in 2011 before a grand jury investigating the Jerry Sandusky child sex abuse scandal.
The defendants’ have maintained they thought then-University Counsel Cynthia Baldwin was representing them.
Baldwin, however, has argued she represented the administrators only as agents of the university, and has become a likely star witness for the prosecution in its case that Curley and Schultz lied to the grand jury about what they knew of allegations against Sandusky and how they responded to them.
Curley and Schultz’s attorneys have asked for a full hearing before Judge Todd Hoover at which they can present expert testimony about the conflict.
If Hoover finds there was a conflict, the defense has argued, he should at minimum bar prosecutors from using Curley and Schultz’s grand jury testimony at trial, thereby effectively gutting the case against them.
Today’s brief addresses only the original perjury charges filed against Curley and Schultz.
Similar challenges are being waged against perjury counts filed against former Penn State president Graham Spanier, which have not reached the preliminary hearing stage yet.