Former PSU administrators look to dismiss case in front of appeals court

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HARRISBURG, Pa. -- Attorneys for a trio of former Penn State administrators accused of covering up Jerry Sandusky's child sex abuse crimes asked a Pennsylvania Superior Court on Tuesday their cases be dropped.

Former Penn State University President Graham Spanier, former Vice President Gary Schultz, and former Athletic Director Tim Curley were not in court Tuesday. Their attorneys argued each was not given fair legal representation by former university lawyer Cynthia Baldwin when they testified to a statewide grand jury in January 2011 investigating the Sandusky case. Attorneys claim Baldwin, who represented the three as university counsel, violated attorney/client privilege when she gave key information about their alleged role in the Sandusky cover-up to the Pennsylvania Attorney General's office. Attorneys for the former Penn State administrators insist their clients were consistently under the impression Baldwin was also acting as their individual representation while Baldwin, and the Attorney General's office, maintain she only represented the three as a member of the university team.

Schultz, Curley, and Spanier have been charged with perjury and obstruction of justice, amidst other charges. No decisions from the court's three judge panel came Tuesday.

The panel, led by Judge Mary Bowes, constantly probed defense attorneys and deputy attorney general Amy Zapp on the theme of attorney/client privilege. Multiple times, Bowes asked attorneys on both sides about the legitimacy of Baldwin's accused dual representation.

Attorneys for Spanier, Schultz, and Curley argued Baldwin either represented the three as individuals, thus raising attorney/client privilege issues when she gave information to the Attorney General's office, or she denied the trio their right to have full individual representation when they testified in front of the grand jury.

Tuesday's appeals came as a result of a January ruling by Dauphin County Judge Todd Hoover which said Baldwin had indeed represented the three as only university employees and were not denied proper legal counsel. Judge Hoover's decision paved the way for Baldwin to potentially provide the prosecution with damning testimony against her former clients in a future trial. Attorneys for Spanier, Schultz, and Curley are trying to get the state appeals court to prevent that from occurring.

Jerry Sandusky was convicted in 2012 of 45 counts of child sex abuse involving 10 boys. Sandusky, 71, is serving 30 to 60 years in state prison.