Graham Spanier's lawyers say a judge's ruling denying their motion to throw out a grand jury report should not be construed as a setback for the former Penn State University president.
Attorneys Timothy K. Lewis and Elizabeth K. Ainslie released a statement Wednesday that said their arguments on Spanier's behalf will now be taken up by a judge with jurisdiction on the matter.
Spanier and his co-defendants, retired vice president Gary Schultz and former athletic director Tim Curley, want to exclude the testimony of former Penn State general counsel Cynthia Baldwin, who accompanied the three administrators to their appearances before the grand jury that investigated Jerry Sandusky before the former assistant football coach was charged with sexually abusing young boys.
Baldwin was in the room when the three administrators testified and all three thought she was representing them, according to their attorneys, but she has since turned state's evidence, gone before the same grand jury as a witness and testified about what the three told her.
Commonwealth Court Judge Barry Feudale on Tuesday denied Spanier's motion to toss the grand jury report, saying he didn't have jurisdiction.
Spanier, Schultz and Curley are accused of covering up reports that Sandusky was behaving improperly with children. Their attorneys say the three are innocent of all charges.