Former Penn State President Graham Spanier has been charged with several counts

[J. J. in Phila]

I'm searching, but the text of the e-mails was read into the record. You can get them from there.

 

[Reader]

Spanier Asks for Summons to be Reissued to Freeh

http://www.statecollege.com/news/lo...-for-summons-to-be-reissued-to-freeh,1364681/

On Friday, Spanier's lawyers filed papers in Centre County Court of Common Pleas, asking to have a writ of summons reissued to Freeh, Freeh Sporkin & Sullivan, LLP, and Pepper Hamilton LLP. Freeh Sporkin & Sullivan LLP was the name of Freeh's company before it merged with Pepper Hamilton LLP.

It's not immediately clear why Spanier's lawyers requested that the writ of summons by reissued.

 

[Roxine]

I think there is a reason PSU is settling prior to the S/C/S trials - Below is the testimony of the OAG's forensic computer guy -

Link to transcript: http://www.dauphincounty.org/govern...013 Preliminary Hearing Transcript 1 of 2.PDF


Page 83 - Direct Examination of Braden Cook: (emphasis mine)

Q: Now, did you do a review of the information that was obtained relevant to Graham Spanier?

A: Yes, I did.

Q: Could you describe that for the Court?

A: On the initial information that we received for Graham Spanier, which would have been the desk top computer and several other items, I reviewed both the files and the email that was contained on those systems. It was noted that the email box that was received contained no emails.

Additionally, we reviewed items that were contained on the archive from 2007. And several email boxes for Mr. Spanier were identified under two different email addresses. One was [email protected] and one was [email protected]. Both those email boxes did contain emails. The emails on that system ranged from 1995 through 2007.

Q: There were emails as far back as 1995?

A: Contained on that system, yes, and those were in the Eudora email boxes.

Q: Were any of the emails that I just showed you, specifically Commonwealth's 23 and Commonwealth's 19, were either of those emails contained in that system?

A: They were not.
__________________________________________________________________

Page 89 - Cross examination of Braden Cook by Ms. Ainslie:

Q: I'm Elizabeth Ainslie, I'm here representing Graham Spanier. I am a complete novice at computers so please bear with me.

A: No problem.

Q: Now I have been laboring under the impression that Penn State gave me that there were no emails retrievable from before 2004 or 2005. Am I hearing you right that you say that's wrong?

A: In the original email box that was collected, which would be the present up to the time that it was collected. In the present email system, there were no emails in that email box.

Q: Okay

A: However, there was a backup that we received on July 2, 2012 (note: This was after the "leak" of emails on June 29, 2012 as reported in multiple news outlets - http://ac360.blogs.cnn.com/2012/06/29/sandusky-e-mails-revealed/?hpt=ac_bn6 or http://triblive.com/home/2130810-74...terno-penn-allegations-attorney#axzz2dHUkniXR)

Q: Who gave you that if I can ask?

A: That was from Penn State. It was a taped backup system that was identified. I believe in a closet, was the information I had. It was then sent out to a company called Reclamere and they restored that to a hard drive.

We received that from Penn State on July 2, 2012, and that was a year-end back up from 2007 for the administration. And there were email boxes on there that contained email from 2007 and prior.

Q: You know nothing more about the providence of this additional collection of emails other than you got it from Penn State?

A: They turned it over subsequent to the subpoenas.

Q: Okay.

A: That's all I know.

 

[J. J. in Phila]

Spanier's travel restrictions have been eased: http://www.centredaily.com/2013/08/29/3761945/judge-loosens-travel-restrictions.html

 

[J. J. in Phila]

Fina and McGettigan are speaking to 60 Minutes sports tomorrow. Fina does not think Paterno was involved in the coverup. It was previewed on CBS news.

http://blogs.mcall.com/groller/2013...wednesdays-60-minutes-sports-on-showtime.html

In the exerpted part, Fina said that the PSU 3's attitude regarding Sandusky was, "That was then. This is now. We are Penn State."

Here is a better link: http://www.pennlive.com/midstate/in...sky_prosecutor_no_e.html#incart_river_default

 

[J. J. in Phila]

Story just released on the interview: http://www.centredaily.com/2013/09/04/3771436/prosecutors-blast-penn-state-leaders.html

Schultz's attorney tried to block it, but the show went on.

I saw it; it was powerful.

 

[Reader]

Story just released on the interview: http://www.centredaily.com/2013/09/04/3771436/prosecutors-blast-penn-state-leaders.html

Schultz's attorney tried to block it, but the show went on.

I saw it; it was powerful.

Thanks for the link.

McGettigan also said in the interview that there were “dozens” more of Sandusky’s victims who were not witnesses in the criminal proceedings, and Fina confirmed it.

Read more here: http://www.centredaily.com/2013/09/...s-blast-penn-state-leaders.html#storylink=cpy

 

[J. J. in Phila]

AG is moving to combine the trials of Curley Schultz and Spanier. http://www.centredaily.com/2013/09/20/3798019/ag-wants-to-combine-charges-against.html

 

[J. J. in Phila]

Defense is asking for more information on the prosecutor's case, similar to Amendola's request for Sandusky: http://www.centredaily.com/2013/09/30/3816094/spanier-curley-schultz-attorneys.html

 

[J. J. in Phila]

Spanier's been given 20 days to actually file the suit against Freeh: http://www.centredaily.com/2013/10/01/3817562/spanier-given-20-days-to-file.html

 

[J. J. in Phila]

Spanier is asking for discovery documents: http://www.dauphincounty.org/govern...r 4, 2013 - Motion for Pretrial Discovery.pdf

One of the things he is asking about is if there is any immunity for Baldwin given by the AG.

 

[J. J. in Phila]

Spanier is asking that his libel suit against Freeh be delayed until after the criminal trial. http://www.centredaily.com/2013/10/21/3848442/graham-spanier-seeks-to-delay.html

 

[J. J. in Phila]

Spanier's attorneys are asking for a "bill of particulars." The state is objecting, and have listed each claim of perjury.

http://www.centredaily.com/2013/11/29/3917084/prosecutors-ask-court-to-deny.html



http://www.dauphincounty.org/govern...endant's Motion for a Bill of Particulars.pdf

In looking at the list, either Spanier has a hideously poor memory, to the point where I would see how he could function as a university official, or they have him.

 

[Reader]

PSU ex-officials accused of cover-up set for court

http://centurylink.net/news/read/ca...p-psu_exofficials_accused_of_coverup_set_f-ap

HARRISBURG, Pa. (AP) — Three former Penn State officials accused of covering up child sex abuse allegations against Jerry Sandusky are expected to argue in court this week that their right to legal representation was violated when they appeared before an investigative grand jury more than two years ago.......

Criminal charges were first filed two years ago against athletic director Tim Curley and vice president for business and finance Gary Schultz. That was followed by more charges last year, aided in part by email traffic uncovered by Penn State during its own review of the Sandusky matter, and for the first time prosecutors charged Graham Spanier.......

The hearing will focus on Cynthia Baldwin, who accompanied the men when they testified before the secret panel in 2011. Baldwin at the time was the university's chief counsel, and defense attorneys have questioned who she was representing and whether she should have been allowed inside the grand jury room.

Baldwin also later testified against them, giving information that was used in the grand jury report filed with the charges against Spanier and the additional charges against Curley and Schultz. Defense lawyers have objected strenuously to Baldwin's cooperation with investigators......more in 3p. article...

 

[Frigga]

It's about time. Thank you Reader and JJ for keeping up with articles, posts and documents. You really have been in it for the long haul- thanks for your perseverance and tenacity~ Frigga

 

[J. J. in Phila]

Judge Hoover will not require Baldwin to testify at the preliminary hearing, over the objection Spanier's attorney. He will put some of her grand jury testimony on the record, however.

http://www.pennlive.com/midstate/in...er_schultz_sandusky_baldw.html#incart_m-rpt-1

 

[Reader]

Judge weighs written arguments in Penn State cover-up case

http://www.reuters.com/article/2013/12/17/us-usa-pennstate-idUSBRE9BG1CV20131217

(Reuters) - A judge ruled on Tuesday that he would consider only written arguments in deciding whether to dismiss charges against three former Penn State administrators accused of covering up child sex abuse allegations against former football coach Jerry Sandusky.

Dauphin County Judge Todd Hoover's decision came at the close of a brief hearing in the case against the university's former president, Graham Spanier, former Athletic Director Tim Curley, and former Vice President Gary Schultz.

Hoover said lawyers should make their case in writing and ruled out oral arguments to help him decide on the trio's motion to dismiss all charges because their attorney testified against them before a grand jury.

 

[Twindad]

What is the advantage of written arguments only? I guess no one has to be seen in front of the media, but how from a legal standpoint.

 

[J. J. in Phila]

What is the advantage of written arguments only? I guess no one has to be seen in front of the media, but how from a legal standpoint.

1. If it might be exceptionally precedential, possibly?

2. It might be better (and quicker) on appeal?

3. It might actually give the judge a better understanding of the arguments.

Attorney-Client privilege is not absolute. A defendant could not conspire with an attorney to commit a crime.

Though not the full act, the PA ethics requirement is:

(c) A lawyer may reveal such information to the extent that the lawyer reasonably believes necessary:


(3) to prevent, mitigate or rectify the consequences of a client’s criminal or fraudulent act in the commission of which the lawyer’s services are being or had been used; or

http://www.law.cornell.edu/ethics/pa/code/PA_CODE.HTM#Rule_1.6(c)(1)

Personally, I think they can make a very good case that she was their attorney. I think Baldwin can make a reasonably good case that she had a reasonable belief that she had an obligation to "prevent, mitigate, or rectify" their perjury.

 

[J. J. in Phila]

This is a bit convoluted, but it is related.

Today the Superior Court of PA overturned the conviction of Monsignor William Lynn. He was convicted in the Philadelphia priest sex abuse case, but he was not a molester. He was found guilty of Endangerment (and conspiracy to endanger) for putting the actual molester into situations where he could molest again.

The decision is here: http://media.philly.com/documents/lynndec.pdf

The Court ruled that, because Lynn did not directly supervise the children, he could not be found guilty of endangerment. While there is another appeals court, the PA Supreme Court, this decision may be appealed. The Superior Court has statewide jurisdiction and its decisions are binding on the lower courts, unless it is appealed.

Spanier, Curley and Schultz are also Endangerment, but they had no direct supervision of a child. It is possible that, if the Superior Court decision stands, that one of the Endangerment charges and one of the conspiracy charges will be dropped, if this decision stands. There would still be perjury (which has to do with Baldwin's testimony), conspiracy to commit perjury, both felonies, obstruction and a related conspiracy (misdemeanors), and failure to report (a summary offense). There is also a felony endangerment based on interfering with the reporting the incident.