Wednesday, March 27

Baldwin & Fina May Face Censure

The Office of Disciplinary Counsel recommends public rebuke for Frank Fina and Cynthia Baldwin over their misconduct in cases of Curley, Schultz, and Spanier

By
Ray Blehar
March 27, 2019, 9:09 AM EDT

On Monday, the Pennsylvania Office of Disciplinary Counsel (ODC) recommended that former Office of Attorney General (OAG) prosecutor Frank Fina be censured for making misrepresentations to the court regarding the scope of questions he would ask former Penn State University (PSU) General Counsel Cynthia Baldwin regarding her representation of former University officials.   

The recommendation to censure Fina comes on the heels of a prior ODC ruling that Baldwin also be censured for violating attorney-client privilege when she failed to give proper warning to former PSU President Graham Spanier and former administrators Timothy Curley and Gary Schultz that she was representing the University, and not them in an individually capacity.  

Baldwin & Fina's face rebuke for misconduct regarding the cases of former PSU officials



Formerly, an ODC hearing committee dubiously held that Fina should not be held to account for the misrepresentations because he was not the signatory on the subpoena for Baldwin's testimony.  A hearing panel also inexplicably ruled that there was insufficient evidence to prove that Baldwin violated attorney-client privilege, even though agreed that she did not represent them in individual capacities.

The ODC panel threw out both decisions by the hearing committee.

When making the argument for a subpoena to call Baldwin before a grand jury, Fina told former Supervising Grand Jury Judge Barry Feudale that he would not delve into any questions regarding Baldwin's direct conversations with Curley, Schultz, and Spanier about the Jerry Sandusky criminal case.  Baldwin's October 2012 grand jury testimony confirmed that Fina questioned the former PSU lawyer on those conversations. 

During Spanier's grand jury colloquy, Baldwin advised the court that she "represented the University solely" but failed to inform her client of the same.  She did not correct the former President when he informed Judge Feudale he was being represented by her (nor did Feudale).  

As a result of Baldwin and Fina's inappropriate conduct, numerous perjury, conspiracy and obstruction of justice charges against former PSU officials were dismissed

While public rebuke of these individuals would be small victories for those of us who believe in equal justice, there still a long way to go before Fina, Baldwin, and some other former OAG officials are held to account for all of their misdeeds in the Sandusky scandal. 

The recommendations will go before the PA Supreme Court for final decisions. 

11 comments:

  1. Frank (The Rat) Fina has the Supreme Court in his pocket. They all have each other's backs. If one betrays another, it's domeri con pesci. All you are going to hear is the broken record "we put a monster in the slammer" mantra.

    Jerry was very intelligent in specific areas. I had him for Phys Ed in High School. He did one of his student teaching gigs at Cedar Cliff. Everyone liked him. It would seem that a job as a Phys Ed teacher in HS or Middle School would be a dream job for someone who liked boys, but that's not where he went. Judging from his awkward social behavior, I'd put him somewhere on the autism spectrum. To suddenly develop an attraction to boys in ones mid 50's is extraordinary, especially when you have a urinary track disease such as chronic prostatitis which would make any type of sex or arousal extremely painful. You made a great case as to why he wasn't having sex with Dottie, and you are correct. Jerry was incapable of having any sexual activity.

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    Replies
    1. Gregory,
      Thanks for your comments.

      I agree this whole "ends justifies the means" argument is nonsense. Frank Fina, Jonelle Eshbach, Laura Ditka, Patrick Schulte, and others made a mockery of the court system.

      Everyone I spoke with about Jerry said the same thing. He had a very awkward manner, especially around adults. However, when you put him with kids he lit up like a firefly. Second Mile folks I spoke with said that Jerry usually was always "mentoring" teenage boys.

      Here is a passage from Child Molester's A Behavioral Analysis that is germane. I've added a few [comments]

      Associates and Circle of Friends are Young
      In addition to sexual activity, pedophiles frequently socialize with children and get involved in youth activities [The Second Mile]. They may hang around neighborhoods, schoolyards [Jerry's home was adjacent to a school], arcades, shopping centers, and the Internet – any place children frequent. For most pedophiles, just hanging around is not sufficient. They need and want interaction and ongoing access"

      Limited Peer Relationships
      Because they cannot share the most important part of their life, their sexual interest in children, with most adults, pedophiles may have
      a limited number of close adult friends [few character witnesses at the trial actually socialized with Jerry]. Only other pedophiles will validate their sexual interests and behavior. If a suspected pedophile has a close adult friend, the possibility that the friend is also a pedophile or will validate his sexual interests must be considered."

      It's great that we agree that Jerry and Dottie weren't having sex. I'd go as far as to say they never had sex -- or perhaps attempted it only a few times.

      Here is a passage from Child Molester's A Behavioral Analysis that is germane. I've added a few [comments]

      If Married, “Special” Relationship With Spouse

      When they do marry, pedophiles often marry either a strong, domineering woman [like Dottie] or a weak, passive woman-child.
      In any case they will marry a woman who does not have high sexual expectations or needs. A woman married to a pedophile may not realize her husband is a pedophile, but she does know he has a “problem” – a sexual-performance problem. Because she may blame herself for this problem and because of the private nature of people’s sex lives, most wives will usually not reveal this information to an investigator; however, a wife, ex-wife, or girlfriend [Jerry did not date in high school or college] should always be considered as possible sources of information concerning the sexual preferences and interests of an offender. Interviews should be conducted and documented as soon as reasonably possible to lock in the information. Investigators must also recognize the possibility that information from ex-sexual partners may be distorted or exaggerated for a variety of reasons (e.g., embarrassment, shame, anger, revenge). Pedophiles sometimes marry for convenience or cover [Ding! Ding! Ding!]. Pedophiles’ marrying to gain access to children was previously discussed..."

      Finally, the fact that Jerry could not get an erection only means he could not perform anal sex. Jerry was certainly able to fondle and perform oral sex on children. He could also receive oral sex. It is a fact also that a man can ejaculate without having an erection.


      BTW, I read the Psychology Today article you referenced and it is based on the theories of Dr. Elizabeth Loftus. Dr. Loftus was essentially dismissed a credible when she testified at Jerry's PCRA hearing because of her limited knowledge of the facts of the case. In reading the column, Dr. Loftus ascribes implanted memories or false memories to Hillary Clinton's recall of being under fire in Bosnia and a few other high profile cases. I think the explanation is far simpler. Clinton and others were lying to try to make themselves look good.

      Delete
    2. What you say is speculation and a bit of psycho-babble. So Jerry authored a book "Touched" which documented his sexual conquests of all those boys for the world to see. A really clever ploy for the Prince of Deception! I think that we have left the Twilight Zone...We are now in the Outer Limits!

      Delete
  2. Other than a few negative news articles, what exactly would a censure consist of?

    Would they have to stand before the PA Supreme Court and be scolded for their unprofessional conduct?



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  3. Even if this slap on the wrist censure occurs, it makes legal ethics in PA look like a joke. Fina and Baldwin should both be disbarred for life. This decision essentially green lights PA prosecutors to ignore attorney-client privilege if it helps make their case.

    The PA courts should have thrown out all charges against CSS because of misconduct by Fina and Baldwin. CSS couldn't possibly get a fair trial after their lawyer violated attorney-client privilege and testified against them. It forever contaminated the jury pool after widespread media coverage made it appear that the most serious charges against them were dropped on a technicality.

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