Dauphin County Judge Todd Hoover blocked former Penn State legal counsel Cynthia Baldwin from testifying Tuesday during a pretrial hearing for three administrators accused of trying to cover up Jerry Sandusky’s sex crimes.
Attorney for former PSU President Graham Spanier and administrators Tim Curley and Gary Schultz are trying to prevent Baldwin from testifying at trial.
Elizabeth Ainslie, Spanier’s attorney, said Baldwin’s testimony to the grand jury violated attorney-client privilege, as the administrators believed Baldwin was representing them.
“I’ve been a lawyer for 40 years. it has never happened in my experience. It’s very unusual, and it’s very complicated,” said Ainslie. “So, this came as a total shock to me, at least, that when it turned out she had testified against him.”
Ainslie and other defense attorneys subpoenaed Baldwin to testify this week as well as experts they hoped would sway the judge to block Baldwin’s testimony.
Hoover allowed the attorneys to submit for the record grand jury testimony as well as correspondence among various attorneys involved in the case, dating back to early 2011. He did not allow anyone to testify Tuesday.
“Cynthia Baldwin at all times, at all times, fulfilled all of her duties and obligations to Penn State University and to the agents and administrators,” said Charles De Monaco, who represents Baldwin.
De Monaco declined to answer any questions posed by reporters.
Ainslie said during a conference with attorneys Monday, the judge unsealed more grand jury transcripts. Those transcripts have not been made public yet.
The judge asked attorneys to prepare written findings of fact and proposed conclusions of law for him to review. Ainslie said there may be another hearing on pretrial issues early next year.
No date has been set for the trial.