PSU 3 and JUSTICE Won Partial Victory Today

Today's superior court ruling quashed some of the perjury, obstruction, and conspiracy charges for the PSU 3 and noted former AG prosecutor Frank Fina's unethical behavior

By
Ray Blehar

The Pennsylvania Supreme Court released opinions that quashed several charges against former Penn State University (PSU) officials Tim Curley, Gary Schultz, and Graham Spanier.

Baldwin "incompetent to testify" 

The Court ruled that former PSU Counsel Cynthia Baldwin "was incompetent to testify" regarding privileged communications with the PSU 3.  Moreover, the Court ruled that none of the men were "properly represented by Ms. Baldwin" during their grand jury testimony as agents of the University.  

As a result of the violations of Baldwin, testimony given under her representation is not admissible.  As such, the perjury, obstruction of justice, and conspiracy charges against Schultz and Spanier were quashed.  One count of perjury against Curley remained (because he did not raise the issue in his appeal), while the other two counts were quashed.

All three men still face a misdemeanor charge of failure to report child abuse and two felony counts for endangering the welfare of children (EWOC), and one count of conspiracy to endanger the welfare of children.

Today's ruling did not address the merits of the remaining charges, however, they too will eventually be dismissed.   None of the men were mandated reporters in 2001 nor would they be included under the law today even with the revisions to the law after the Sandusky scandal.  

Additionally, the criteria for a conviction on EWOC would almost be impossible for the Commonwealth to prove.

Schultz attorney Tom Farrell noted:  .


"I think the Lynn case creates real problems for the

prosecution.  Further, I think this case is a much weaker 

case than the Lynn case, specifically in terms of whether any

of the defendants were in a position where they had 

supervisory responsibilities over children or over other 

individuals who had supervisory responsibility over

children."  

"PA  Corruption Network" Receives  A  Blow

Former prosecutor Fina called out for "highly improper" conduct in the matter

While today was a partial victory for the PSU 3 - and Penn Staters - it was also a partial victory for justice.

All three opinions noted that Former Chief Deputy Attorney General Frank Fina's conduct was "highly improper" for  improperly compelling Baldwin to testify against the PSU 3 without proper approval and for misleading Judge Feudale.

Feudale: "no babe in the woods."

Apparently the courts tended to ignore the fact that Judge Feudale is "no babe in the woods" either.  He was already tossed off the bench for his lack of judicial objectivity.  

It is also notable that Feudale also had a long history in overseeing child abuse cases.  

The evidence in the PSU 3 case indicates that he and Fina may have suppressed the PSU email evidence in order to charge the PSU 3 with failure to report child abuse and obstruction of justice.  

It's not going out on a limb to think that Feudale turned a blind eye to Fina's misconduct.

PSU explicitly stated to Fina that it did not waive privilege that existed between Baldwin and the PSU 3.   Moreover, Fina told Judge Feudale he would not question Baldwin about privileged matters.  




After making that statement to Judge Feudale, a significant amount of the questioning of Baldwin regarded confidential communications.   

Fina has been lauded by the PA media as a corruption fighter due to his prosecutions of the Bonusgate and Computergate show trials.  

Today, the curtain began to be pulled back.  The PA Corruption Network's abuse of the grand jury system and courts is being exposed. 

In closing, what does that say about those who are questioning AG Kane's selection of Maryland attorney Douglas Gansler to look into all matters around the email evidence?

Next:  Grand Jury Abuses