http://034fccc.netsolhost.com/WordP...l-Motion-with-Exhibits-and-Verification-1.pdf
19. At the administration of the oath before the supervising judge, the following exchange took place:
Prosecutor:
Judge: Ms. Baldwin:
Judge: Ms. Baldwin: Judge:
Judge, were here on Notice 29. We have some witnesses to be sworn, Mr. Curley and Mr. Schultz.
Represented by?
My name is Cynthia Baldwin, general counsel for Pennsylvania State University.
Will you be providing representation for both of those identified witnesses?
Gary is retired but was employed by the university and Tim is still an employee.
Good morning . . .
Exhibit C. 20. When Mr. Curley was questioned by Eshbach at the outset of his grand jury
testimony, the following exchange took place: Q. Would you please introduce yourself to the Grand Jury?
4
A. Good morning, My name is Tim Curley. Q. You have counsel with you? A. Yes, I do. Q. Would you introduce her, please?
A. My counsel is Cynthia Baldwin. Exhibit D at 2.
21. Later during his testimony, Attorney Eshbach directed Mr. Curley with [your] counsel to step outside the grand jury room for a moment. Exhibit D at 7.
22. Ms. Baldwin allowed the judge and Mr. Curley to believe that she was Mr. Curleys unencumbered, conflict-free lawyer. The conflict now plainly apparent left Mr. Curley with no counsel during the grand jury proceeding in violation of Article 1, Section 9 of the Pennsylvania Constitution and the Sixth Amendment to the United States Constitution and 42 Pa.C.S.A. § 4549(c)(1).
If I were there, I would have come to the conclusion she represented Mr. Curley.