The obstruction of justice charges against Tim Curley, Graham Spanier, and Gary Schultz for not turning over documents related to the Sandusky incident are baseless and part of "framing" the PSU officials.
If there is a conspiracy in this case, it is between Cynthia Baldwin and the former occupants of the Pennsylvania Office of Attorney General.
Grand Jury Subpoena 1179, issued in December 2010, required PSU "to acquire and disclose to the Grand Jury: Any and all records pertaining to the Sandusky incidents reported to occur on or about March 2002 and any other information concerning Jerry Sandusky in inappropriate contact with underage males on and off University property. Response shall include any and all correspondence directed to or regarding Jerry Sandusky"
The Manti Te'o MeetingsThe "Conspiracy of Silence" presentment, page 21, states that Baldwin informed Spanier about the subpoena for the documents. Baldwin also stated that in the weeks after being served with the subpoena, she held a number of meetings with Curley, Schultz, and Spanier to ascertain if any information responsive to the subpoena were found. Baldwin stated that each of the men assured her that they had investigated and that they had possessed no documents or information responsive to Subpoena 1179.
Please note that in December 2010, Gary Schultz was no longer working for Penn State. He was retired. Thus, he would not have been able to search the university e-mail system or his office for this information. So, unless special arrangements were made for Schultz to visit his office to search it, he wouldn't have access to the files. There is no mention of Schultz visiting PSU to perform the search of his office.
Schultz's attorneys refuted the Commonwealth's contention that he hid the file and court documents filed by the Schultz team state he informed Baldwin of the existence of his files on or about January 5, 2011 - when she told him he was subpoenaed to appear before the grand jury. Baldwin told Schultz not to retrieve the files to refresh his memory or to talk with Curley, Spanier, or Paterno to refresh his memory. This guidance would preclude Baldwin from calling meetings of the men to discuss the subpoena for the documents, as that activity would have undoubtedly refreshed their memories.
Schultz's police interview also indicates that there was never any meetings between the three men who were involved in the decision about the 2001 meeting. Schultz reported that a meeting had been arranged and he met with Paterno, McQueary, and Curley to discuss the incident. Clearly, if he had met with Curley in meetings to discuss Subpoena 1179, he would have learned that a meeting between he, Paterno, McQueary, and Curley never happened.
Former President Graham Spanier, in his New Yorker interview, stated he was not informed about the Sandusky investigation until January 2011 or late December at the earliest. Spanier does not recall any subpoenas other than those served to Paterno, Curley, and Schultz for their Grand Jury appearances. Spanier also stated:
"In that period from January, February, March, she [Baldwin] only gave me a report that these folks are going to the grand jury. She told me somewhere along the way that they were interviewing staff in the football program, and she would be there for all the interviews... I was very much in the dark about it."
Spanier also stated that prior to the November 2011 grand jury presentment, he had only known about the one (2001) shower incident. Thus it is beyond credulity that meetings of the PSU officials occurred to discuss documents pertaining to the 2002 (sic) incident. If they had, Spanier undoubtedly would have learned of the 1998 incident and testified to it at his grand jury appearance. Instead, he denied any knowledge of the incident.
Curley testified that he was also unaware of the 1998 incident when he went before the grand jury. Further corroborating that he certainly did not engage in discussions with Schultz - the only other person to know about 1998 - to refresh his memory.
These meetings Baldwin referred to in her grand jury testimony were as real as Manti Te'o's girlfriend.
Call it what you want to call it - lying under oath or perjury.
She committed a crime when she testified.
Mystery DatePrior to his grand jury testimony on January, 11, 2011, Tim Curley was interviewed by Trooper Scott Rossman and Agent Anthony Sassano in the presence of then PSU General Counsel Cynthia Baldwin. Curley reported that the issue was addressed in 2000 and there had been no meetings since then. If Curley had attended multiple meetings to discuss Subpoena 1179, which specifically cited the year 2002, why would he get the date wrong in this interview?
Schultz's recollection of the date of the event is equally poor. On page 223 of the Preliminary Perjury Transcript, Schultz states: "I don't recall what McQueary told me, but I can tell you that I, after going through what we went through in 2003, I kind of had the impression that that was the kind of thing that had taken place. Schultz's reference to 2003 may have been about (the publicity surrounding the) Anwar Phillips sexual assault case. Therefore, Schultz was also unaware of the exact date of the incident. Again, how could Schultz not know the date was 2002 if he sat in multiple meetings to discuss documents related to Subpoena 1179?
The failure to report or testify correctly to the date specified on Subpoena 1179 provides considerable evidence that these men were never informed about the subpoena or even discussed any details of the incident prior to their police interviews and/or grand jury appearances.
In a PennLive report discussing Baldwin's representation of Curley and Schultz, stated she drove the men to Harrisburg for their appearance and never discussed the case with them.