Dismissal of charges against ex-Penn St. officials to stand
HARRISBURG, Pa. (AP) -- Prosecutors said Friday they will not appeal a ruling that threw out some of the most serious criminal charges against three former Penn State administrators related to their handling of the Jerry Sandusky child molestation scandal.
The attorney general's office announced it made the decision after determining an appeal had little chance of success. Instead, it will prepare for trial on the remaining counts against the school's former president Graham Spanier, vice president Gary Schultz and athletic director Tim Curley.
Solicitor General Bruce Castor, making legal decisions while Attorney General Kathleen Kane's law license is suspended, wrote in a memo that he was "extremely conflicted" and disagreed with the Superior Court's decision in January throwing out charges of perjury, obstruction and conspiracy.
Spanier lawyer Liz Ainslie said in an email that she was "deeply gratified." Curley's lawyer said she had not heard of the decision and declined to comment. Schultz's lawyer did not respond to messages.
A three-judge Superior Court panel ruled earlier this year that grand jury testimony against the men by Cynthia Baldwin, Penn State's general counsel at the time, violated attorney-client privilege.
The three remain charged with failure to report suspected abuse and endangering the welfare of children. Curley also still faces a perjury count, while lawyers for Spanier and Schultz said their clients' conspiracy charges were dismissed in their entirety.
Sandusky was the defensive football coach under Joe Paterno. Sandusky was convicted in 2012 of 45 counts of child sexual abuse and is serving a 30- to 60-year prison sentence. An appeals hearing in Sandusky's case is scheduled for Monday near State College.
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