Ex-PSU prez seeks dismissal of criminal charges

Wednesday - 5/22/2013, 8:41pm EDT

HARRISBURG, Pa. (AP) -- Former Penn State President Graham Spanier has asked a county judge to throw out charges accusing him of helping cover up abuse allegations against former assistant football coach Jerry Sandusky.

Spanier's lawyers filed the motion last week, citing his allegation that the university's former top lawyer, Cynthia Baldwin, violated attorney-client confidentiality when she gave prosecutors information about him. He also argued that some of the charges were filed after the statute of limitations had run out.

His attorney, Elizabeth Ainslie, said Wednesday the criminal case remains on hold while Spanier's co-defendants, Tim Curley and Gary Schultz, ask the state Supreme Court to review a recent decision by the grand jury judge that he did not have jurisdiction to throw out their charges.

"We're waiting for the Supreme Court to decide the issues that are very similar to our issues," she said.

Spanier, she said, also has raised "legal issues relating to statutory interpretation. For instance, whether Dr. Spanier could conceivably be considered a supervisor of any of the children who were victims of Mr. Sandusky."

Sandusky, 69, is serving a 30- to 60-year state prison sentence after being convicted last year of 45 counts for the sexual abuse of 10 boys. He maintains his innocence and is pursuing appeals.

Spanier was forced out as president after Sandusky's arrest but remains a faculty member while fighting the accusations that he and other administrators committed crimes as they responded to complaints about the former defensive coach.

Spanier was charged in November along with Curley, the school's former athletic director, and Schultz, a retired vice president.

The three men face charges of perjury, obstruction, endangering the welfare of children, failure to properly report suspected abuse and conspiracy.


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