Penn State officials due in court for arraignment
Published: November 2, 2012 10:53AM
Updated: November 2, 2012 10:56AM
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FILE - In this Oct. 8, 2011, file photo Penn State president Graham Spanier, left, and head football coach Joe Paterno talk before an NCAA college football game against Iowa in State College, Pa. Spanier is accused of perjury, endangering children and other charges in the Jerry Sandusky molestation scandal. According to online court records charges were filed, Thursday, Nov. 1, 2012, against Penn State's ex-president and two other administrators in what prosecutors called “a conspiracy of silence." (AP Photo/Gene Puskar, File)

HARRISBURG, Pa. • Two Penn State administrators facing new charges they hushed up child sexual abuse allegations against former assistant football coach Jerry Sandusky were preparing to be arraigned on Friday, although the university’s former president was not due in court until next week.

Athletic director Tim Curley and vice president Gary Schultz were to appear in court one day after they and former president Graham Spanier were accused in a withering 39-page grand jury report of conspiring to conceal complaints about Sandusky, giving him time and access to molest more boys before his arrest nearly a year ago.

“This plan of action undertaken by these three administrators, who formed the very apex of decision-making and power at Penn State, was created out of a desire to shield Sandusky from the criminal process and, perhaps most importantly, to spare the university tremendous negative publicity and embarrassment,” the jurors wrote.

The arraignment of Curley and Schultz at a district court in suburban Harrisburg was expected to be a short proceeding. Spanier’s first appearance was scheduled for Wednesday.

Prosecutors alleged the men’s “conspiracy of silence” extended all the way to the top at Penn State, and included decisions not to alert police or child welfare authorities after getting a 2001 report of Sandusky sexually abusing a boy in a team shower.

Attorney General Linda Kelly said at a Capitol news conference Thursday that all three “knowingly testified falsely and failed to provide important information and evidence.”

Spanier was charged with perjury, obstruction, endangering the welfare of children, failure to properly report suspected abuse and conspiracy. Curley and Schultz face new charges of endangering the welfare of children, obstruction and conspiracy. They were charged with perjury and failure to report abuse almost exactly a year ago, and await a January trial on those counts.

“This was not a mistake by these men. This was not an oversight. It was not misjudgment on their part,” Kelly said. “This was a conspiracy of silence by top officials to actively conceal the truth.”

Spanier’s lawyers issued a statement that asserted his innocence and described the new charges as an attempt by Gov. Tom Corbett to divert attention from the three-year Sandusky investigation that began under his watch as attorney general.

“These charges are the work of a vindictive and politically motivated governor working through an unelected attorney general ... whom he appointed to do his bidding,” the four defense lawyers wrote.

Corbett spokesman Kevin Harley called the defense statement the “ranting of a man who has just been indicted for covering up for a convicted pedophile. His arrogance reveals a man who has just found out that he is not above the law after all.”

Curley’s lawyer asserted his innocence and said she was studying the new documents; a message for Schultz’s attorney wasn’t returned.

Sandusky, who spent decades on the Penn State football staff and was defensive coordinator during two national championship seasons, was convicted in June of sexually abusing 10 boys over 15 years. He has maintained he is innocent and was transferred to a maximum security prison on Wednesday, where he is serving a 30- to 60-year sentence.

Curley, 58, is the athletic director on leave while he serves out the last year of his contract, and Schultz, 63, has retired as vice president for business and finance.

In a pair of pretrial motions filed this week regarding their earlier charges, Curley and Schultz both focused on the role played by Cynthia Baldwin, the university’s then-chief counsel who accompanied them to their grand jury appearances.

Schultz’s lawyer Tom Farrell filed a motion seeking dismissal, or to suppress his grand jury testimony, arguing that Baldwin made Schultz think she was acting has his lawyer but did not represent him properly or effectively. Schultz also wants to delay the trial so the intensity of pretrial publicity can subside.

Curley’s lawyer Caroline Roberto also asked for dismissal or suppression of his grand jury testimony on similar grounds.

Baldwin’s lawyer Charles De Monaco, when asked for comment, referred to a statement issued this summer in which he defended her, saying she “at all times fulfilled her obligations to the university and its agents.” Baldwin is a former state Supreme Court justice.

Spanier, 64, of State College, had been university president for 16 years when he was forced out after Sandusky’s November 2011 arrest. He remains a faculty member but was placed on paid leave Thursday.

Prosecutors said Spanier, Curley and Schultz knew of complaints involving Sandusky showering with boys in 1998 and 2001.

“They essentially turned a blind eye to the serial predatory acts committed by Jerry Sandusky,” Kelly said.

The grand jury report included with the charges said “the actual harm realized by this wanton failure is staggering,” and listed instances of abuse detailed at Sandusky’s criminal trial that happened after 1998.

“The continued cover-up of this incident and the ongoing failure to report placed every minor child who would come into contact with Sandusky in the future in grave jeopardy of being abused,” jurors wrote.

Spanier has said he had no memory of email traffic concerning the 1998 complaint made by a mother after Sandusky showered with her son, and only slight recollections about the 2001 complaint by a team assistant who said he stumbled onto Sandusky sexually abusing a boy inside a campus shower.