Documents unsealed in Curley, Schultz and Spanier case - The Daily Collegian: Crime And Courts

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Documents unsealed in Curley, Schultz and Spanier case

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Posted: Wednesday, March 19, 2014 2:58 pm

Various court documents from as far back as October were unsealed today in the criminal case against former Penn State administrators Graham Spanier, Tim Curley and Gary Schultz.

Curley, Schultz and Spanier have been charged with perjury, obstruction of justice, failure to report suspected abuse, child endangerment and conspiracy to commit the crimes related to the Jerry Sandusky sex abuse case.

An unsealed document filed last month was another attempt by former Penn State President Spanier's attorneys to throw away the criminal complaint.

Last month, representation for Spanier, former Athletic Director Curley and former interim Senior Vice President of Finance and Business Schultz continued to argue for the case to be thrown out because of former Penn State General Counsel Cynthia Baldwin's role in former assistant football coach Sandusky's criminal case.

In his recently released response, Spanier's attorney argues that the commonwealth "fails to address" the legal arguments made in regard to the grand jury proceedings and again about Baldwin's role.

This month, the commonwealth responded to Spanier and asked the court to grant the motion to strike the document from the record.

Another unsealed document, an affidavit from Judge Walter Cohen in regard to Curley and Schultz, stated that Cohen found that the former administrators suffered "complete deprivation of their rights to counsel." All three former administrators have argued that Baldwin misled them into believing she was representing them during the grand jury presentment in 2011.

"In fact, the harm to them was even worse than if they had no counsel at all. They believed they had an attorney who would protect their interests," Cohen said in the documents. "The result here was a miscarriage of justice that improperly led to criminal charges being place against two witnesses whose rights were violated."

Many documents that Schultz's attorney filed asking for his grand jury testimony to be suppressed were also released today.

Sandusky was convicted on 45 of 48 counts of child sex abuse and is currently serving 30 to 60 years in prison.

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