HARRISBURG, Pa. (AP) — Pennsylvania prosecutors want an appeals court to overturn a judge’s decision to throw out the misdemeanor child endangerment conviction of former Penn State President Graham Spanier.
Attorney General Josh Shapiro announced Wednesday a notice of appeal was filed with the 3rd U.S. Circuit Court of Appeals.
A federal magistrate judge on April 30 gave prosecutors three months to retry Spanier under a version of the law in place in 2001.
That’s when Spanier was involved in responding to a complaint about Jerry Sandusky showering with a boy. Sandusky was convicted of child molestation in 2012.
Spanier’s defense attorney Sam Silver declined comment.
The judge ruled one day before the 70-year-old Spanier had been due to begin serving a minimum sentence of two months, followed by two months of house arrest.