The prosecution of three former Penn State University administrators for allegedly covering up the crimes of convicted child molester Jerry Sandusky will remain on hold pending the appeals of a ruling denying the defendants’ bid to drop the case.
Although Dauphin County Common Pleas Judge Todd A. Hoover denied motions to grant an appeal on five contested issues Wednesday, the defendants’ contentions that the conduct of a former Penn State general counsel violated their attorney-client privilege rights is still on appeal to the state Superior Court.
The defendants are former university president Graham Spanier, ex-vice president for business and finance Gary Schultz and ex-athletic director Tim Curley.
In January, Judge Hoover determined that the conduct of former Penn State general counsel Cynthia Baldwin and the Office of Attorney General prosecutors did not interfere with the defendants’ constitutional rights.
Last month, the defendants asked the judge to grant interlocutory appeal for their challenges regarding his rulings on issues related to right to counsel, grand jury secrecy, conflict of interest, prosecutorial misconduct and a further evidentiary hearing.
According to Judge Hoover’s three-page memorandum opinion, the defendants failed to show that there was substantial ground for a difference of opinion regarding the questions of law that he used to base his decisions on.
“We reached our conclusions based upon application of facts to controlling Pennsylvania cases and federal cases relying upon Pennsylvania law which governed each element of the claims,” Judge Hoover said. “Although the parties presented extensive briefing and argument on numerous claims, vigorous advocacy in support of competing positions does not equate to substantial grounds for a difference of opinion.”
Caroline Roberto, who is representing Mr. Curley, said she plans to appeal Judge Hoover’s decision.
First Published: March 5, 2015, 6:33 p.m.