Penn State's Baldwin: Spanier lied on abuse scandal

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HARRISBURG -- Former Penn State University general counsel Cynthia Baldwin said in grand jury testimony released Wednesday that the university's then-president made a series of lies and misleading statements before and after Jerry Sandusky was arrested.

The documents include testimony from a year ago in which Ms. Baldwin directly contradicted a statement made by then-Penn State president Graham Spanier to a reporter that the first he knew the investigation involved allegations of sexual abuse against Sandusky was when the former assistant football coach was charged in November 2011.

Ms. Baldwin told the grand jury that "of course he knew," and she believed "that he is not a person of integrity."

Mr. Spanier's lawyer Liz Ainslie said the documents do not amount to evidence against him.

"A criminal charge cannot under the law be brought against an individual without evidence," Ms. Ainslie said. "What I have read is not evidence, it's conclusions that were fed to Cynthia Baldwin by the prosecutor."

The records also indicate Ms. Baldwin told the grand jury judge she represented the university when Mr. Spanier testified before the grand jury in April 2011, but did not contradict Mr. Spanier when he soon after identified her as his lawyer.

Questions about who she represented when Mr. Spanier and two other defendants appeared before the grand jury have delayed their trial on charges they covered up complaints about Sandusky.

Court officials said Wednesday that additional documents the presiding judge has unsealed would be posted online in the coming days, perhaps as early as today.

Mr. Spanier, former athletic director Tim Curley and former vice president Gary Schultz face charges of perjury, obstruction, conspiracy, child endangerment and failure to properly report suspected child abuse.

Dauphin County Judge Todd Hoover Tuesday directed their lawyers and prosecutors to submit proposed findings of fact and legal conclusions ahead of a hearing for them to argue the issues related to their grand jury appearances and whether Ms. Baldwin's actions have violated their right to legal counsel.

Ms. Ainslie said the grand jury judge, Barry Feudale, and the prosecutor should have spoken up when Ms. Baldwin said she represented the university when Mr. Spanier testified before the grand jury but did not contradict Mr. Spanier when he identified her as his lawyer.

"It shows that [Spanier] was deceived about the appearance in the grand jury, and on the basis of that appearance in the grand jury, he's been charged with perjury," Ms. Ainslie said. "And the principle witness against him apparently is the woman who allowed him to believe she was acting in his best interests."

Sandusky was convicted last year of 45 criminal counts for sexual abuse of 10 boys. He is seeking state Supreme Court review of his conviction.

Ms. Baldwin's lawyer Charles De Monaco told Judge Feudale in October 2012, as she prepared to testify before the grand jury, that she represented Penn State and the administrators "so long as their interests were aligned with the university."

On the stand, Ms. Baldwin said she pressed Mr. Spanier, Mr. Curley and Mr. Schultz for any Sandusky-related materials as the state investigation ramped up in early 2011, and all three said they had nothing. The university later found email traffic from 1998 among the three discussing that complaint, and investigators eventually recovered a file of Mr. Schultz's about the Sandusky complaints.

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