New Documents Unsealed in Spanier, Curley, Schultz Case

By Mallory Lane

Published 12/18 2013 04:51PM

Updated 12/18 2013 07:03PM

HARRISBURG - New documents unsealed from the protection of a grand jury show grand jury testimony transcripts and other items from former Penn State Legal Counsel, Cynthia Baldwin.

These documents are what a judge will look at when deciding whether or not to drop charges against three former Penn State administrators.

The questions remains, who did Cynthia Baldwin represent during the Jerry Sandusky child sex abuse scandal? Was it Penn State? Or three of its former administrators?

New documents may have the answer.

On April 13, 2011, a judge asked Cynthia Baldwin a question. "Cindy, just for the record, who do you represent?" She responded, "The university."

The judge clarified, "The university solely?" "Yes, I represent the university solely," Baldwin said.

New documents unsealed Monday show those words were spoken behind closed doors in a judge's chamber that day. The same day, the judge swore in former University President, Graham Spanier, to testify in front of a grand jury.

Transcripts show the judge informed Spanier of his rights, including his right to have a lawyer present.

After his testimony begins, documents show Spanier is asked by prosecutor Frank Fina to identify his counsel. His answer, Cynthia Baldwin.

"If you look at the transcripts yourselves, you will be able to see that she says different things at different times about who she represents," Spanier's attorney, Elizabeth Ainsley, said.

Ainsley says that's why her client is asking for perjury charges filed against him to be dropped.

Attorneys for Spanier, Tim Curley and Gary Schultz say their clients were all misled to believe Baldwin was their attorney during their grand jury testimonies.

According to transcripts from Baldwin's grand jury testimony, Penn State waived its own attorney/client privileges, allowing her to speak openly about how the university handled the scandal.

She say she tried to get Spanier, Curley and Schultz to cooperate with the Attorney General's requests for information relating to Jerry Sandusky, but they gave her nothing.

Baldwin's attorney, Charles DeMonaco, maintains his client fulfilled her obligations to the university and its agents.

A judge will review these documents in the coming weeks to determine whether or not Baldwin's testimony can be precluded from the upcoming trial for Spanier, Curley and Schultz and whether or not the charges against them can be dropped.

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