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    95 views108 pages

    Schultz Omnibus Pre-Trial Motion 10-31-12

    Uploaded by

    Ray Blehar
    Includes affidavit from Schultz

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
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    CEIVER IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, NOV 0 1 2012 PENNSYLVANIA COURT Anes HALON CRIMINAL DIVISION FICE Baten COUNTY COMMONWEALTH OF PENNSYLVANIA, : No. CP-22-CR-5164-2011 3 v. : i Charges: Perjury; Penalti GARY CHARLES SCHULTZ, : Failure to Report or to! 1 130102 Defendant. 60:4 Hd OMNIBUS PRE-TRIAL MOTION AND NOW, comes the defendant, Gary Charles Schultz, by and through his attorney, Thomas J. Farrell, Esquire, and respectfully files his Omnibus Pre-Trial Motions as set forth below: : I. Motion to Dismiss, Or, In The Alternative, To Suppress Grand Jury Testimony. A. Background 1. Pursuant to Notice of Submission of Investigation No. 1, a statewide investigating grand jury conducted an investigation into reported sexual assaults of minor male children by Gorald A. Sandusky over a period of years. Soo Presentment at 1. 2. Tn early 2010, the Office of Attorney General of. Pennsylvania (‘OAG”) issued a grand jury subpoena to the Pennsylvania State University (“PSU”) for employment files related to Sandusky. At the timo, outside counsel for PSU was the law firm of McQuaide Blasko. 3. In 2010, Attorney Cynthia A. Baldwin, a former PSU ‘Trustee, was appointed by President Graham Spanier as General Counsel for PSU. ‘The Board of ‘Trustees approved the appointment by resolution effective February 15, 2010. http://oge.psu.edw/ (Last checked 10/24/12), 4, Tho OAG bogan direct communication with Ms. Baldwin as PSU General Counsel regarding service of investigating grand jury subpoenas and production of documents, 5. In November 2010, law enforcement agents of the OAG interviewed PSU Assistant Coach Mike McQueary. On or about December 14, 2010, Mr. McQueary testified before the grand jury regarding an incident he observed in the Lasch Building Assistant Coaches’ shower/locker room between Sandusky and a boy. Although Mr. MeQueary’s grand jury testimony has not been disclosed, it is reasonable to conclude that consistent with his preliminary heaving testimony in this case, McQueary testified that he described an incident to Mr. Curley and Mr. Schultz relating to Sandusky’s sexually inappropriate behavior with a boy. The exact description given by Mr. MeQueary is in dispute, 6. In December 2010, based upon her communication with OAG, Mr. Baldwin anticipated service of subpoenas for Athletic Director Timothy M. Curley, Head Football Coach Joseph V. Paterno; and Gary S, Schultz, former PSU Senior Vico President for Finance and Business. 7. In late December 2010, Ms, Baldwin called Mr. Schultz and informed him that she had been contacted by the OAG about a grand jury subpoena for his testimony in connection with the Sandusky investigation, Mr, Schultz had retired from PSU in dune 2009. She asked if he would authorize her to accept service of a subpoena from the OAG, and he agreed. Ms. Baldwin scheduled a meeting with Mr, Schultz. in her office to discuss the matter. See Exhibit A (Schultz, Affidavit), 8 Onor about January 5, 2011, Schultz mot with Ms. Baldwin in State College, Pennsylvania, to discuss his grand jury appearance. On or bofore this dato, Ms. Baldwin had met separately with Mr. Curley and Coach Paterno as their counsel and interviewed them concerning their knowledge of Mr. McQueary’s report about the Sandusky shower incident. Ms. Baldwin told Mr. Schultz that she would represent him before the grand jury and that she also did or intended to represent PSU, Curley and Paterno. Ms. Baldwin did not inform Schultz of any potential for a conflict of interest. 9, From at least at this point forward, based upon his conversations with Ms, Baldwin and her words and actions, Schultz believed, quite reasonably, that Ms. Baldwin was providing legal representation to him and that she was pursuing his best interests. 10. Mr. Schultz informed Ms. Baldwin that reviewing documents or notes relating to the Sandusky matter or discussing the matter with other participants, such as Mr, Curley and PSU President Spanier, would refresh his memory and would enable him to testify more accurately. He informed her that he may have had a file relating to Sandusky and that if he did, it might be in the office of the senior vice president, his former office to which he no longer had access. 11 Ms. Baldwin advised him that in her legal opinion, he should not review or look for any documents and should not seek to refresh his memory by discussing the mattor with anyone else. 12. On January 12, 2011, Curley and Schultz, arrived at the grand jury accompanied by Ms. Baldwin. 13. OAG knew that Ms. Baldwin was General Counsel for PSU and that she was providing legal representation to Curley and Schultz, 14, Ms. Baldwin accompanied Mr. Curley to the OAG interview which occurred at 9:20 a.m. on January 12, 2012, According to the police report regarding Mr, McQueary’s description of his observations, Mr. Curley stated that there was no mention of sexual acts; that Mr, MeQueary observed Sandusky horsing around in tho shower; and that the incident was something that could be misconstrued, See Exhibit B attached (interview report). 15. Ms. Baldwin also accompanied Mr. Schultz to his pre-testimony interview at 9:35 a.m. on January 12, 2012. According to the police report, Mr. Schultz. stated that Mr. MeQueary reported inappropriate contact that could be considered sexual involving Sandusky and a minor. See Exhibit B 16. Tho prosecutors and agents were hostile to Curley and Schultz in both interviews and challenged their xeeollection of the events, specifically what Mr. McQueary had told them, and indicated that they had evidence that Jerry Sandusky had anally raped a boy in the Lasch Building showers and that the witness had been told of it. See Exhibit A. 17, OAG and Ms. Baldwin were aware before the sworn testimony of Mr. Curley and Mr. Schultz that their statements were inconsistent with each other in that Mr, Schultz admitted that the horseplay or wrestling of which he was told was inappropriate and could be considered sexual in some way, whereas Mr, Curley denied that the conduct was in any way sexual. Further, Mr. Schultz recalled the 1998 incident and investigation involving Sandusky, whereas Mr. Curley did not. 18, Ata hearing on this matter, Mr. Schultz intonds to eall as a witness Deputy Attorney General Frank Fina (“DAG”), to testify that he confronted Ms. Baldwin about her conflict on January 12 before either Schultz or Curley testified and advised her that he believed that she was operating under a conflict of interest. Mr. Fina has told this to numerous attorneys. 19. Although OAG was keenly aware of Ms, Baldwin's multiple representation and conflict of interest, it failed to move to disqualify her as counsel or to raise the conflict issue with the grand jury judge. 20. At the administration of the oath before tho grand jury presiding judge on January 12, the following exchange took place: Prosecutor; Judge, we're here on Notice 29. We have some witnesses to be sworn, Mr, Curley and Mr. Schultz, Judge: Represented by? Ms. Baldwin: My namo is Cynthia Baldwin, general counsel for Pennsylvania State University. Judge: Will you be providing representation for both of those identified witnesses? Ms, Baldwin: Gary is retired but was employed by the university and ‘Tim is still an employee. Judge: Good morning... . Seo Exhibit G (Grand Jury Colloquy.) 21. DAG Jonelle ishbach further confirmed Ms. Baldwin's representation at the start of testimony. Before questioning Mr. Schultz she asked: "You are accompanied today by counsel, Cynthia Baldwin; is that correct?” Mr. Schult answered: “That is correct.” Ms. Baldwin remained silent. Transcript of Mr. Schultz's Grand Jury Testimony dated Januazy 12, 2012, at 3. See Exhibit D. Grand jury excerpts). 22. Ms. Baldwin sat next to Mr. Schultz in the grand jury courtroom and did not attempt to limit the scope of her representation or otherwise clarify her role. Instead, she allowed Mr. Schultz to believe that she was his unencumbered, conflict-free lawyer. She did not offer him any advice during his grand jury testimony. 23, On Novembor 4, 2011, a criminal information was filed charging Mr. Schultz with perjury as a result of his grand juxy testimony and failure to report, a summary offense. A Presentment issued by the Thirty-Third Statewide Investigating Grand Jury was attached to the criminal complaint. 24, On February 2, 2012, Lanny Davis, a lawyer and crisis manager hired to represent PSU, told reporter, Sara Ganim of The Patriot News that Ms. Baldwin was in the grand jury room on January 12, 2011, strictly on behalf of the University and not as counsel for Curley and Schultz, See Exhibit & Patriot-News 2/12/12 article). 25. On June 22, 2012, counsel for Ms, Baldwin, Charles DeMonaco of the raw firm of Fox Rothschild, provided by letter in response to present counsel's inguizy regarding attorney-cliont privilege mattors that, *. . [Baldwin], as General Counsel for the University, could not and did not represent any agent of the University in an individual eapacity.” Soo Exhibit ¥ (DeMonaco lotter). 26, Ms. Baldwin never explained such a limited scope of legal representation to Mx. Curley prior to or during his grand jury appearance B. No Counsel. 27, According to Ms. Baldwin, she did not consider herself Mr. Schultz! counsel and did not represent his personal interests in the grand jury. However, she did not inform Mr. Schultz. (nor the judge supervising the grand jury) of this limitation on her representation. 28, Title 42 Pa.C.S.A. § 4549(0)(1) provides that a witness subpoenaed to appear before the grand jury shall bo entitled to the assistance of counsel ‘The sitmess’ eounse) — not counsel for third parties ~ has a sight to be present and advise the witness during his testimony. See 42 Pa.C.S.A, § 4549(b), (; Pa. R. Cr, P. 2810). 29 ‘Ata hearing on this matter, Mr, Schultz will present the testimony of Attorney Walter Cohen, partner-in-charge of the Harrisburg law firm of Obermayer Rebmann Maxwell & Hipple, LLP, and former Acting Attorney General of Pennsylvania from 1994-1996, Prior to the appointment, from 1989-1994, he was the First Deputy Attorney General. He has practiced extensively before State grand juries, Mr, Cohen will testify that under the circumstances, Mr. Schultz reasonably believed that Ms. Baldwin represented him as a grand jury witness. Since the law permits only attorneys representing a witness to be prosent in the grand jury room during his testimony, Ms. Baldwin's presence in the grand jwsy itself demonstrates that she led everyone to believe that she represented Mr. Schultz and Mr, Curley as her clients. ‘The transcripts of the grand jury proceedings confirm that the prosecutor, the supervising judge, and Mr. Schult, and Mr. Curley believed that Ms, Baldwin was acting as personal counsel for the individuals. 30, Mr, Schultz, will also present testimony from Lawrence J. Fox, partner in the Philadelphia law firm of Drinkor Biddle and Reath, LLP; and the George W. and Sadella D. Crawford Visiting Lecturer in Law at Yale Law School teaching legal ‘ethics and professional responsibility. He also is the Supervising Lawyer of the Ethics Bureau at Yale, a pro bono endeavor to provide ethics advice, counseling and support to those who cannot afford such services.. Professor Fox has written and lectured extensively on legal ethics. 31, Professor Fox will testify that Ms. Baldwin was Mr. Schult?’ counsel for all purposes before the grand jmy. Her conduct unequivocally demonstrated that she represented Mr. Schultz. He had a reasonable basis for concluding that he was her client, and she had an absolute obligation to disabuse him of that notion, or be doomed his attorney. 32, Further, according to Professor Fox, the idea set forth in Mr. DeMonaco’s letter that a lawyer can represent the officers or employees ofan organizational client under some kind of a watered down, second-class version of clienthood finds no support in the Pennsylvania Rules of Professional Conduct. ‘Those rules recognize one form of client, and that client is entitled to the benefit of all the lawyer duties under the rules, as well as the same fiduciary duties lawyers owe every client. Once Ms. Baldwin admits she ropresented Mr. Schultz in some capacity, her conduct must be judged by the same standards that apply to every lawyer. 33. Ms. Baldwin's assertion that she was representing Mr. Schultz as a representative of her real client, PSU, not only advances a defense that finds no support in our ethical standards, but also confirms her conflict of interest and indicates that che did not make any effort to protect Mr. Schultz! individual interests, for as her counsel plainly states: “Sho, however, as General Counsel for the University, could not and did not represent any agent of the University in an individual capacity.” Exhibit E, (De Monaco June 22, 2012, letter). 84. As the accompanying Memorandum of Law explains, where counsel fails to exercise any professional judgment on the client’s behalf, it is as if tho witness had no counsel, and no specific showing of prejudice is requived, Prejudice is presumed. ©. Inoffective Assistance of Counsel ~ Actual Conflict of Interest. 35. Bocuse Ms. Baldwin was laboring under a conflict of interest, first, potween Mr, Schultz and PSU and, second, among Mr. Curley, Conch Paterno and Mr, Schultz, sho did not and could not provide the eflective assistance of counsel. 36, In their conversations prior to Mr. Schult’ grand jury appoarance, Ms. Baldwin cleaaly represented to Mr, Schultz that sho was his legal counsel. Although Baldwin's current position is that she never roprosented Mr, Schultz in his individual capacity, she nover notified the grand jury presiding judge, and nevor informed Mx. Schultz. of the limited scope of hex representation before his appearance, or during his testimony. She never oxplained a limited scope representation or told Mr. Schultz that PSU interests came first. ‘The confliet of intezest, now plainly apparent on this record, left Mr. Schultz with no counsel at all, conflicted counsel, and jnoffective counsel during his appearance before the grand jury. D. General Ineffective Assistance of Counsel. 37, Ms. Baldwin never advised Mr. Schultz that he could exercise his constitutional right to remain silent before the grand jury. 10 58, Ms, Baldwin never advised Mr, Schultz that he may have exposure to the criminal charge of failure to report, even after Mr Schultz? pre-testimony interview with OAG. 39, Ms, Baldwin did not protect the interests of Mx. Schultz. by assisting him in refreshing his recollection by reviow of documents and notes, ‘Phere was a file in his office that would have rofroshed his recollection about those events and led to othor refreshing emails. Exhibit G, Sho prohibited hhim from speaking with Paterno, Curley and Spanier regarding their recollections of the incident to refresh his recollection. Without « rudimentary effort to refresh his recollection of events occurring 10 to 13 years earlier, Mx. Schultz. was unprepared to answer questions before the grand jury. 40. Many of the questions put to both Mr. Schultz and Mr, Curley wore argumentative, compound, rhetorieal and confusing. For example, the exchange that led to the “not that serious” and. “no indication a crime had coursed’ answers identified in the Prosentment and Bill of Particulars as allegations of porjury against Mr, Schultz reflect a rhetorical comment eliciting a nonresponsive answer: Q: Would that be standard? Would that be the way tho university operates when an allegation is made against a current employee or a very famous prior employee, that nothing be put in writing? ‘A: The allegations came across as not that serious. It didn’t appear at that time, based on what was reported, to be that serious, that a crime had occurred, We had no indication a crime had occurred. Preliminary Hearing ‘Transcript at 229: 7-16. 41, Ms, Baldwin did nothing to protect Mr. Schultz from such improper questioning. 42. Mr, Schultz will present testimony of Attorney Cohen to demonstrate that upon review of this matter, Ms. Baldwin was counsel for Mr. Curley and Mr. Schultz as they reasonably believed; Ms. Baldwin operated under a fatal conflict of sntorest which adversely affectod her ability to perform on Mx. Schultz behalf, and he failed to represent hor clients competently by failing to prepare him and failing to advise him about his Fifth Amendment rights. 49, Mr, Cohen also will testify that « grand jury witness’ attorney has an obligation to advise her client and protect him from improper and misleading questioning, by conforring with the client to make sure he understand a confusing question or that he ask for clarification, In addition, in his experience, attorneys for witnesses can and do notify the prosecutor that the questioning is improper o= confusing, and prosecutors either will re-phraso their questions or the matter will be prought before the grand jury judge to stop the abuse or obtain clarification. Even though both witnesses, by their own statements to the prosecutor, found the questioning confusing, Ms. Baldwin did nothing to protect her clients. 12 44, Mr. Schultz will also present the testimony of Professor Fox who will provide that upon review of this matter, Ms, Baldwin was counsel for Mr, Curley and Mr. Schultz for all purposes before the grand jury; that she was laboring under multiple conflicts of interest, first betwoon PSU and Mr. Schultz, and second, otwoon Mx. Curley and Mr, Schultz, Professor Fox will also testify that Ms. Baldwin gave incompetent advice to Mr, Schultz and Mr, Curley 45. OAG¥s failure to raise the conflict of intorost before the grand jury presiding judge resulted in Mr. Schultz being denied of counsel at the grand jury proceeding. 46, Failures by OAG and Ms. Baldwin deprived the presiding judge of notice concerning the serious problems related to Ms. Baldwin’s representation and resulted in a deficient colloquy where Mr. Schultz, was not given the opportunity to pocome aware of counsol’s debilitating conflict and knowingly, intelligently and voluntarily waive his right to representation by a non-conflicted attorney, if he chose to do s0. B, Prosecutorial Interference with the Right to Counsel. 441, Prosecutors in the grand jury proseeding have the obligation and rosponsiility to raise the conflict of interest before the presiding judge to prevent a violation of the witness right to counsel. 13 48, Raising the conflict of interest bofore the presiding judge would have resulted in, atleast, a colloquy regarding the conflict or, most likely, a hearing concorning the multiple representation. 49. The failure by the DAG deprived Mr. Schultz of his right to counsel at the grand jury proceeding. 50, Mr, Cohen will testify that the Deputy Attorney General in this case had the obligation to ensure a fair proceeding in which witnesses had conflict free counsel; that even if he confronted Baldwin concerning the conflict, he had the duty, to raise the issue before the presiding judge. The DAG’s failure constituted denial of counsel to Mr. Curley and Mr. Schultz. 51, Professor Fox will testify that a prosecutor has the duty to pring to the attention of the courts conflicts of interest that would compromise the individual right to the assistance of ‘counsel. 52. Professor Fox will also testify that in this case, the DAG failed in its duty as it was aware of the conflict and did not raise the issue before the grand jury presiding judge. F, Remedy 53. For the reasons stated above, Mr, Schultz was denied counsel and his due process rights violated through the misconduct of the prosecutors and by the complete deprivation of the assistance of counsel. The remedy is to dismiss the charges or to suppress his grand jury testimony. 4 54, Mr, Schultz need not prove prejudice because he effectively had no counsel or actively conflicted counsel. In the alternative, the failure to prepare Mr. Schultz, to advise him after the hostile pro-testimony interview that he was at risk of incrimination and prosecution and that he should invoke his privilege against self-incrimination caused Mr. Schultz actual prejudice. J. Motion Regarding Pretrial Publicity. 55, As the Court well knows, the charges in this case and every event related to it — every court appearance, the death of Coach Paterno, the trial and sentence of Mr. Sandusky, every motion filed, the lawsuit by Michael McQueary, the release of the Freeh Report, and the announcement of NCAA sanctions against PSU — have generated hundreds if not thousands of media reports in the newspapers, on television and radio, and on the Internet. 56. The charges in this case and against ‘Mr, Sandusky, who was charged in the same Presentment, led Penn State University to commission an independent investigation by the firm of Freeh Sporkin & Sullivan, LLP FSS"). 57, FSS releasod its findings, contained in the Freeh Report, on July 12, 2012. ‘That report runs several hundred pages and is available at www. thefreehreportonpsu.com (last visited 10/28/12). The release of the Freeh Report and avalanche of news stories related to it further inflamed the public, In the most public of ways, the Freeh Report concluded unequivocally that Mr, Schultz and Mr, Curley were guilty of the crimes as charged. 15 58, ‘The weight and effect of tho Freeh Report cannot be understated: & formor fodoral jadge and the ex-head of the FBI pronouneed the defendants guilty. 59, The nogative, outrageous and pervasive publicity continues to this day virtually unabated in every media form. Most recently, a surge of negative publicity attonded the sentencing of Jerry Sandusky, where victims testified. National and local news saturated the public with detailed stories of the victims! abuso by Jory Sandusky. Defendant expects the negative pretrial publicity to grow even more intense and widespread as the trial date approachos and the time for jury solection nears. 60, Tho poisoned atmosphere ereated by the onslaught of negative media publicity unfortunately has already predetermined defondants! guilt, G1, ‘To cxplore the offocts of this publicity, defendants commissioned « public opinion survey. ‘The results, as desexibed in Uhe attached report from Arthur Patterson, are discournging, Exhibit G. Bighty-five percent of respondents in Dauphin County knew of the charges, and 65% of those believed the defendants definitely ox probably guilty. Perhaps even worse, nearly 50% believed that even if the defendants did nothing illegal, they should be punished. G2, Wondoring whether a change of venue or venire would help, defendants eurveyed three counties similar in size, Bie, Inaomne and Chestor. ‘The results were as bad or worse. Exhibit H. 16 63, Given the pervasive, inflammatory, and negative publicity surrounding this caso and the defendants, unprecedented in amount and duration, which includes the condemnation of the defendants by a former federal judge and the exchoad of the FBI, the defendants seek the following remedial measures in the hopes of getting the fairest trial possible under these oxtraordinary circumstances: a, —-Acontinuanee to allow a reasonable “cooling off” period so as to avoid a jury poo! tainted by the overwhelmingly negative press coverage, which continues virtually unabated; b. Lawyer participation in voir dire, including a questionnaire and peraonal questioning of prospective jurors; c. Individual voir dire which is conducted outside the presence of other potential jurors; 4, More extensive voir dire examination of the jurors to allow the possibility of more for cause challenges; ec, Additional poremptory challenges for each defondant. Ii. Motion for Discovery 64, By motion dated June 15, 2012, and numerous emails and letters, dofondants have requested discovery from the Commonwealth of, ter alia, all statements of witnesses. The Commonwealth has provided voluminous discovery, put has not produced the following despite repeated requests: a, The audio-recordings of victim interviews. 7 b, The audio-recording of the October 24, 2011, interview of Joseph Paterno. «¢. Any “other wrongs” evidence the prosecution intends fo offer. See PA RBvid. 404(0)(4); June 15 Discovery Motion at para. 7. d. Written or recorded statements of witnesses inter ‘viewed by the Commonwealth, Pa. R. Cr. P.678(B)2@)Gi). ‘The OAG has produced many, but has withheld more recent intorview reports on the grounds that they relate to the ongoing grand jury investigation. ‘That ie not a grounds for withholding witness statements other than the transcripts of grand jury testimony or physical evidence actually presented to the grand jury. Rule 678 governs discovery “except as otherwise provided in Rule 230.” Rule 573(B)@2(@). Rule 280 addresses only “testimony before an investigating grand jury” or «physical evidence before the investigating grand jury.” ‘The Grand Jury Act's secrecy provisions likewise address only “matters occurring before the grand jury” 42 Pa.C.S.A § 4549(). Reports of witmess interviews occurring outside the grand jury are neither Other than the grand jury provisions which do not apply here, there ss no oxcoption to the discovery ules for an “ongoing investigation’; therefore, the reports should be produced. 18 IV, Request for an Evidentiary Hearing. We respectfully request an evidentiary hearing to prosent testimony and other evidence on the counsel and venue issues from at Jeast the following witnesses: Gary Schultz ‘Timothy Curley Cynthia Baldwin Lanny Davis Charles De Monaco Frank Fina Jonelle Eshbach Anthony Sassano Scott Rossman Lawrence Fox Walter Cohen Arthur Patterson Respectfully submitted, nm wy | Cecsaces FE ‘Thomas J. Farrell, Esquire Farrell & Reisinger, LLC ‘Attorney for Gary C. Schultz 200 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219-1827 19 INTHE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA, : No, GP-22-CR-5164-2011 v. Charges: Perjury; Penalties for GARY CHARLES SCHULTZ, : Failure to Report or to Refer Defendant. CERTIFICATE OF SERVICE Thereby cortify that a true and correct copy of the within Omnibus Pre-Trial Motion, was e-mailed and mailed, First Class Mail, postage pre-paid, this, day of November, 2012, to the following: Bruco Beemer Deputy Attorney General Office of the Attorney General Strawberry Square Harrisburg, PA 17120 yeemen ttorneygeneral, go wv) Caroline M. Roberto, Esquire ‘Attorney for Defendant, Timothy Marke Curley Pa, LD. No. 41524 429 4th Avenue, Suite 600 Pittsburgh, PA 15219 (412) 301-4071 _—_ £ ki thomas J. Farrell, Esquire _ ‘Attorney for Defendant, Gary C. Schultz, Exhibit A IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA. CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA, : No, CP-22-CR-5164-2011 v. Charges: Perjury; Penalties for GARY CHARLES SCHULTZ, : Pailure to Report or to Refer Defendant. ABFIDAYVIT OF GARY C. SCHULTZ 1, 1, Gary ©. Schultz, am the defendant in this case. 2, In December 2010, Cynthia A. Baldwin, General Counsel for the Pennsylvania State University ("PSU") called me and informed me that she had been contacted by the Office of the Pennsylvania Attorney General (“OAG") about a grand jury subpoena for my testimony, At the time, L-was retired from PSU, having retired in June 2009, She asked if] would authorize her to accept service of a subpoena from the OAG, and I agreed to 80 authorize her 3, ‘The date for my grand jury testimony was January 12, 2011, and Ms Baldwin suggested we meet before then. 4 ‘Ms. Baldwin never told me that an option might be submitting to an interview rather than testifying before the grand jury. 5, Imet with Ms, Baldwin at her office in Old Main on January 5, 2011. Only she and I were in attendance, Ms, Baldwin informed me that the grand jury investigation focused on Jerry Sandusky, not on me or PSU, and that I was being called purely as a witness. She told me that this was the second or third grand jury to took into Jerry Sandusky’s actions, She informed me that I would be asked about an event that happened in the early 2000s. 6. Ms. Baldwin told me that neither I nor PSU were ‘under investigation. Ms, Baldwin told me that she had interviewed Tira Curley and Joe Paterno, and their memories were consistent with mine, She explained that I was entitled to have legal counsel in the grand jury. She said that I could consult with my attorney during the testimony, but the attorney could not address the grand jury. She said that! could have outside counsel, if wished, but at that point, seeing that all the stories were consistent, she could represent me, Tim Curley and Joe Paterno as well, I responded that I would not know who to call and that if Ms. Baldwin was fine with it, so was I 7. Told her what I remembered and expressed frustration over my lack of memory. I suggested that I tall to Tim Curley, Joe Paterno or Graham Spanies 0 refresh my memory, but Ms. Baldwin told me that [ should not tall to anyone about this, She said that any reasonable person would understand my failure to recall 8, Jalso told her thet I might have had a file on Sandusky, that it might sti be in my former office, and that it might help refresh my memory. Ms. Baldwin told me that she did not want me to Jook for or review any materials. 9, Ms. Baldwin also told me that PSU and I were not targets of the investigation and that I would be treated as a witness. There never was any discussion of the Fifth Amendment privilege or the risk of self-incrimination, 10, {believed that Ms. Baldwin was representing me during and in connection with the grand jury proceedings and that she was looking out for my best interests, Based on her representations, I did not believe t aceded a separate lawyer. 41, When J arrived at the grand jur on January .2, 2011, Ms, Baldwin: accompanied me to the interview by prosecutors before I testified. Prosecutors were hostile and challenged my recollection of events, indicating that they had evidence that Jerry Sandusky had anally raped the boy in the shower. During this time, 1 fully believed that Attorney Baldwin was my attorney and representing my best interests. After the interview, she did not advise me to ‘exercise my Fifth ‘Amendment right or to retain separate counsel. 19, Ms. Baldwin first told me that I should retain separate counsel approximately one week before charges were filed against me, 13, I declare under penalty of perjury that the foregoing is true and correct. Executed on, October 25, 2010, Exhibit B yuo Ah gp: Se tit ‘ibs Cl cunanen agresr[] unrovinen I scernoy ot santo O78 = eT Re omrina “ouortt OAT Indecent Assault Aaron Soot FISHER, MCQUEARY, coming to hi room doing something ine al tho time, PATERNO rel authority cue tothe fect the ‘SANDUSKY to move onto In the presence of CORE mat Michael MCQUEARY and dlscussed wat MCCUEARY wirossed. CURLEY rie\ot MCQUEARY Incident, CURLEY relatod ‘elated the fst part of the MCQUEARY in moro defal recommendation plan and Inappropriate betiavir wil ‘INTERVIEW: Joseph Vincont PATERNO: ‘Or Oi712/T1 at O640 sat te Grand Jury located at Strawberry Square Hartsburg, PA Agent SA i 1d Pennslat Heed fontballovach Josoph Vincent PATERNO, WN/t- @4, DOB: 1221/20 of oa F MGQUERY belng upset about whet he sal, PATERNO related ho thought MGQUEARY contact him 08 ‘Siteay batwes nol ere, PATERNO related he paseo th Intonation on toTin CURLEY, The Pent Site, Attlot Director ra phot a day o wo lel: PATERNO floed no dd nat have any matings about te tncient an he St not know what | Hebe alr he eised CURLEY, PATERNO related fe nfrned CURLEY bocause fs fought howwes the ope ae iGY and inappropriate aca, PATERNO rel(ed ha did not vor wis SANDUSKY do anything naprropret wt Say CANO role ho pariiate na fw Second Nl functors that SANDUSKY was proton! however he | Moca anyitng Iapproptet, PATERNO reeled SANDUSKY matrtalned anoles ne Lasth beh oo PennSteto unl irae ho age, PRTERNO teeter he Doleved that SANDUSKY no longer had en ofa anywhere oo enn ‘ aye | aakod PATERNO tf hs Kei why SANDUSKY roted and PATERNO sald SANDUSKY tod Him that as, {ime for INTERVIEW:TIMOTHY Mark CURLEY: . ‘On 01/12/11 at 0920 hrs at Grand Jury foceted at Strawberry Squat Har SASSANO and Hinteniowed anntate Alhlee Director Timothy Mark CURLEY, WRVM-58, DOB: 04/28/64 cf] Permeylvnia Stato Univeraiy in 1999 and has remained in that positon avers fring voli nearly 2000 by Joseph PATERNO ofan Incident, CURLEY relelad PATE od Gary SHULTZto dscuss the Inekent, CURLEY relat tho Inetdant involved something itapproprlaté with SANDUSKY. ar ay td ho passe te format ovo tho present of ho university Graham SPANIER, CURE riled No, and ao a ret he obearved SANDUSKY horlng around inthe shower wits young boy, CURLEY related fre was ne Treporoprite ben at bot CURLEY related he ang SCHULTZ meth SPANIER # horse Het Coes tha falta Pearland use te fais, Tho econd pat of tie plan ws fo hin iomaat i Oe RAYKOVITZ, the ae coos te Socond hile program and advo him of tho Incent, CURLEY related te bo te things and took. Sec ie ont CURLEY ral when ha epoko to SANDUSKY heft elle ts was nol avon se fhe ae out care othe near pair SANOUSKY can back ad ested he was there, CURLEY related hat aso machags a tok Mane thn er Wook ifr NCQUEARY told hem fa neon | aaed COREY to descibe the meoting with won io shover, CURLEY read UCQUEARY oa ie oded hraugh he miner and ‘SANDUSKY inthe shower Feo ing boy wrostngarcund, oso playin. CURLEY cated he dt not report fo he pes ‘department because he wilh ag ER CURLEY rosie hath asad PATERNO, SCHULTZ, SPANIER and MCQUEARY of ho ot head outs hasty nto fl of 2010, CURLEY cll Uy dd note ay meetings. on CURLEY ene au was adrnesed bak 12000 or snes ten, CURLEY rested ho dnt ee hy Kove om ‘Deputy Altomey Generals Frank FINA and Jonelo ESHBACH were prosent as Well BM cicz and PATERNO'S eon Scott PATERNO. PATERNO related ha romemnbered of Mike ima year orb afer SANDUSKY refed and feng tr that he sar SANDUSKY In fh locker propriate wih a young boy. PATERNO related he bolioved| MCQUEARY was a graduate assitent eid hat HCGUEARY di nat ga him any spec detas about tha nciderkhowsver he * at he Was Tho Attell Director for PennStato, PATERNO relat he dd not hear any rimore about other things, ‘PennState General Counsel Cynthla BALDWIN, CURL 19 booAITE| IeDrecior . | JRLEY relate ha remembered requested a meeting with him in gre up wi a recommendation lat fo aderess he Issue and SPANIER approved It CURLEY. vad a fort fo meat th GANDUSKY and aio hi tet he wae ne onger alowed ing TL CURLEY related MCQUEARY told hm that wasin the coaci'fosker room and he heard Ectlon CURLEY roafed thet this was the only Incident ho Knew about involving SANDUSKY: and hide. CURLEY rofated hoy id not seek legal counsel tthe ime they addrossod tho lasua, tn au tarot goss ana hay cdot fom anyons ee ofthe eetfoton on SANDUSHY ma Z “ % a EERE aC eee S| oats ee “ATTAGHOTENTS: 6% C1 rmowonvessonnsrstereson stacey vermnneseasssratceounenciaer (] newsmen mvs REPORT TPE By noDENT Gomer nico ou a igh Teaen oreo Tl wrouool reer mguy LEE OA CNR a es Indecent Assault | inTERVIEWs Tiinoth ‘SANDUSKY and inform him ‘sald he did nat eantact them: Information sbout who made: (ine, SCHULTZ related ho ‘he University Graham SP/ any other Inoidents involving these ineldents'or any em HULTZ related ha was In charge of servloes, hesith and safely and police services, SCHULTZ related he remembered! javoling SANDUSKY, SCHULTZ related he was informed that a araduateaesielant wa’ Ia fcker room on campus and oisrved something csturbing lnvlving SANDUSICY aha oy Fei SCHULTZ related a meeting Was artangod and'te, CURLEY, NCQUEARY ard PATERNO met and discussed re dont, SCHULTZ rolted ho dd not rememborall of he deals hovverthero Was not ny mention of any cexuel aes, ee olatad thal MCGUEARY wad vary vague and spoke SCHULTZ hima any other things wore recommended and he sald he dnt be ‘was part of ho plan, SCHULTZ related that he thought the proper. SCHULTZ related the incident was disc made a complaint to tha Ponnstate Police about Inepproprato the shower, SCHULTZ related he dl not remomber th detalis to SCHULTZ rlatod ho vi later nfo thatthe Cente Counly Dstt afomoy was also invchvad and tat ere Lavo charges brought against SANDUSKY, | asked SCHULTZ SPANIER was ava of ho [298 nudent are ete yee SCHILTZ rotted ho was suo at SPANIER kev ofthe 1698 nelle. SOULTZ rel be babs oly rete DUSKY refed was beoause of he nan! bonofisf the Slate Employees Retremont system, SCRLET?: ron athe ld notbolove tht anyone tock evay SANDUSKY'S keys nor was reolted fom sing Panne a yan nt scing alowed fo ig Seood le es on campus SCHULTZ related he le moti CORLEY and GEARY and advised MCQUEARY of how tho incident was handled, SCHULTZ related he did not hear anything else. lark CURLEY CONTINUED: ae GURLEY furor related he beled that SANDUSKY roired beoauce his te was fom between cozching and tha | socend Milo prograrn, CURLEY related SANDUSKY decided to go into crocon ofthe Second Ale that SANDUSKY founded.many years ago... ; . INTERVIEW: Gary Charles SCHULTZ: 7 ADIL at 0996 hve at Grand Jury cated af Strawoerty Square Hérisburg, PA Agant SASSANO andy former} ‘or Vico President of Fiance Gary Charies SCHULTZ, WINMM-S1, DOB: 09/48!49 the-presence of PonnSlate General Counsel Gynthla BALDWIN. SCHULTZ re ue a tact Involving SANBUSKY anda minor FasKed hi to cxpan that in nore dtl and he reeted thathe had pe Fe Gat tere wes noporoprite behavior, posslyieesngerCund and maybe SANDUSKY wight have gabe Genie, ae or velated fs later met with CURLEY and SPANJER ard dlecysod tho nekent. SCHULTZ rated CURLEY camo uo vith a recommendation to address tho fssue, SCHULTZ related the rocommiendetion was jor CURLEY (0 meet ath ‘fat he was no longer eliowod fo bring Second Nils kids on PannStato campus facie. | asked fv, | asked him if tho second mia was notfed and he oor ho dt not belave tet thoy had been, SCHULTZ related that he at not believe that that -authortieg were notified but he was not abl o provide any the nlifeation or vio wes nolied, SCHULTZ related ho thought Children and Youth Services. ‘was notifed but did not know for sure or who might have notited them. ‘SCHULTZ related he was not sure IF the‘polioe were Fee aot i ineent or not, SCHULTZ ead thal since SANDUSKY was no longer erployed| by Fannie tat shy Involves tae to ratet Kin fom binging Oooond to Kids onfo Peansiate propa. SUHULTZ relat athe tho repotrme tray ascona el Kid becaso thal vas tie organizalon th SANDUSKY founded and stl was vee vroand with ellooy Wendel COURTNEY who Was representing PennState atthe i not dlscuss tho inodent wth anyone elke since then, SCHULTZ related that to President of Tee would have been nated ofthe outcome by CURLEY.| esked SCHULTZ he was aware of TFANGUSICY and Kids and he related that there was an incident beok in 1098 in hich a mother ‘contact between SANDUSKY and he¥ son wile they were in ‘utit was invesligated and Chikken and Youth Servoes wore " ‘other inckdent involving SANDUSKY, ‘oporatons for PennSiate that included tinge ike food ingeneral fms whan he daseribed viat ho witnessed, that he was contacted by im CURLEY ee se FE STATION Exhibit C Ada GRISINAL COMMONWEALTH OF PENNSYLVANIA THIRTEETH STATEWIDE INVESTIGATING GRAND JURY IN RE: NOTICE NO. 29 TRANSCRIPT OF PROCEEDINGS OF GRAND JURY BEFORE: BARRY FEUDALE; SUPERVISING JUDGE DATE! JANUARY 12, 2011, 9:04 A.M. PLACE! STRAWBERRY SQUARE VERIZON TOWER, EIGHTH FLOOR WALNUT STREET HARRISBURG, PA 17120 STEPHANTE MCCARROLL, FOREPERSON RENEE HARTMAN, SECRETARY COUNSEL PRESENT: OFFICE OF THE ATTORNEY GENERAL JAMES BARKER, -ESQUIRE PRANK FINA, ESQUIRE JONELLE ESHBACH, ESQUIRE FOR ~ COMMONWEALTH PENNSYLVANIA STATE UNIVERSITY BY: CYNTHIA BALDWIN, ESQUIRE FOR - TIM CURLEY AND GARY SCHULTZ SHANNON MANDERBACH REPORTER-NOTARY ‘PUBLIC Fegty ARCHIVE REPORTING & CAPTIONING SERVICE, INC. cn iesuee isvoot > Woriaburg, PATTAIO pair 2389100 2380 N,Sadond Stroat » Harisbur 23 24 28 MR. BARKER: Judge, we're here on Notice 29. We have some witnesses to be sworn, mr. Curley and Mr. Schultz. 20 aa a2 a3 aa 1s 16 a7 38 1 20 ai 22 23 24 28 JUDGE FEUDALE: Represented by? tis. BALDWIN: My name is cynthia paldwin, general counsel for Pennsylvania state university. JUDGE FEUDALE: Will you be providing representation for both of those identified witnesses? MS. BALOWIN: Gary is retired but was employed by the university and Tim is stilT an employee. JUDGE FEUDALE: Good morning. I'm Barry Feudale, I'ma Senior Judge from Northumberland County, I've been assigned by chief Justice Ronald Castille to supervise the 30th Statewide Investigative Grand Jury which has subpoenaed both of you to appear as witnesses before it. As witnesses before the Grand Jury, you're entitled to certain rights and subject to certain duties which I am-now going to explain to you. All of these rights and duties are equally important and it's important that you fully understand each of them. First, you have the right to the advice and assistance of a lawyer. This means you 20 aa a2 43 16 aq 38 19 20 at 22 23 24 25 have the right to the services of a lawyer with whom you may consult concerning all matters pertaining to your appearance before the Grand Jury. You may confer with your lawyer at any time before, during and after your testimony. You may consult with your lawyer throughout your entire contact with the Grand Jury. Your lawyer may be present with you in the Grand Jury room during the time you're actually testifying and you may confer with her at that time. You also may at any time discuss your testimony with your lawyer and except for cause shown before this Court, you may disclose your testimony to whomever you choose, if you choose. You also have, the right to refuse to answer any question pending a ruling by the court directing you to respond if you honestly believe there are proper legal grounds for your refusal. qn particular, you have the right to refuse to answer any question which you honestly believe may tend to incriminate you. should you ‘refuse to answer any question, you may offer a reason for your refusal, but you're not obliged to do so. If you answer. 10 an 32 a3 a4 45 16 ar 1s 19 20 aa 22 23 24 25 10 some questions or begin to answer any particular question, that does not necessarily mean you must continue to answer your questions or even complete the answers you have started. Now, any answers you give to any question can and may be used against you either for the purpose of a Grand Jury Presentment, Grand jury Report or a Criminal Information. In other words, if you're uncertain as to whether you may lawfully refuse to answer any question or if any other problem arises during the course of your appearance before the Grand gury, you may stop the questioning and appear before me, either alone or in this case with your counsel, and I will rule on that matter whatever it may be. Now, do you understand these right MR, CURLEY: Yes. MR. SCHULTZ: Yes, sir. JUDGE FEUDAL! Next, a witness before the Grand Jury has the duty to give full, truthful, complete and honest answers to all questions. asked except where the witness appropriately refuses to answer on a proper legal ground. I'm hereby directing both of you to ) io an a2 43 aa 15 16 un 18 19 20 ai 22 23 24 a observe and obey this duty. In this regard I must caution you that if a witness answers untruthfully, he may be subjected to prosecution for perjury which is punishable under the Crimes Code of Pennsylvania. It's a very serious offense. It's a felony. $0 I ask you, do you have any questions regarding your rights and obligations before this Grand Jury? MR. CURLEY: No. MR. SCHULTZ: No. JUDGE FEUDALE: Noting no questions, please raise your right hand, You do solemnly swear or affirm that the testimony you will give before the 30th statewide Investigative Grand Jury in the matters being inquired into by it will be the truth, the whole truth and nothing but the truth. If so, say I do, MR. CURLEY: 1 do. MR. SCHULTZ: 1 do. JUDGE FEUDALE: Any motions? MS. ESHBACH: We are requesting that both our agent as well as the State Trooper be permitted to-be present in the room JUDGE FEUDALE: That motion is 12 granted. QO corweacri or peiuswvantn, sirnrceri ARREASE DW SETNE Show oun NOTICE NO, 28 2 nes ‘agenZPT oF, procecortcs ‘Seat ada ony Sonu SAyuARY 12, 2021, 12:02 Pome Spaunenay, sours See Tabs, Cio FLooe ‘omy scwuir2, eaTTed as a witness, bing previousTy storm, est ifled as foTTows: exMENATION By ws. esusaci: Would you please: fntrodice yourself to the Grand 2ury and spé)1 your ast none for the evurt reporter's benetit? 2 BREAD ano [ae ssemeniezs ena rete Snfor vie i SRA Re te peste for Ftc an unre rem one as ‘ 12 University, 1 cans ons vg ae acne ty by oe Bee ae ea ah te correct 2 ro come 27 hn yor vce fe ee “SESE SE elses 2 Seas 20. @ in June of 2092, did you occupy that 2 2 pecton ae mar vce prt fe BRASS mk i Fats : 2G ced you pac pat thre : 2s unite ande yor rit ; tnoiex 1A sth an Sexe ton : comnirce 2 eth he nn fer as > ws mice | 2 Cty rrorrd toate prior Tats a 4 Gary schultz : a 4 ie, really run the operations of the : S ntvertn. th stn tant se ace ‘ {int eves of tne tc n, 7s ta : 2 in fed sarc Ifyou he eer Sen on Pe : Svhiie orien oat, hn reser ° st niersty polen a th fnne leet ” 11 in festy heh nie the toe! * te bier Pena he fever oe. “ 2 bran nan iy rr ot i. te peton vce crly athe alte : vy actor? 8 2 Gatndy wren srmeecnt i ht fe ws * 21 ante lab rrrtd tote x : St amt ots ou mes) blo aed en 1s rete eatin t etig oth nc aan 4 ts prs henna MERE ‘rm comuiy, cated as x witness, 2 sqaarae REE Rees T RATER Go 20 i 2 4 being praviously sworn; testified as fo1Tows: 23 sine woTZcE NO, 2 : ‘ “yagesiey 08 paoceeDuNs : oe * ‘SF aeans Rr ° ‘ ey ms, esa jormess: Tin LY + qld you please ntroduce yourself fe ontes ————-2AWUARY 22, ZORL, 12120 A. to-the Grand suny? 9 Faces STMNRERRY SOU sy moog 4 (A Good aorming, My mane ts Ton corTo * eee ao ae te eel vith your : ae BEINN eee ye @ outa you Introduce her, plenss? » tooo ck yeaa 1s Cynthia eatévins ‘4 cobasel PRese 14g rs cartay, how are you exployed? 18. opetce oF 7 TORE CENAEAL 3s A Ti axptoyed as the director of ne ea asses te athletics at Penn Stato university: 475 FOR = coMNORVEALT 17 tow Tong have you been enployed fn Fe seunsyuyansn syAre, WUVERSITY 10 thet capacty? Prelit ule tanerne nay te A. As the athlerte director since 2993. pate eae neo ware you wich the university before n a hae? supe vayenant : we enon pe A Yas, naan, a 295 Hem Tone? i a8 since. 1979 Fu l-thon to As the athletic director, does every 1 xMDEX - a athtete rogrenn-theamiverstiy F27)wiar oir a exasmarzo 2 control? 2 EINES nase a Yen, 1 have an adainistrative 4 rin curtoy 3 4 rosponsibitity for'varsixy athletics, Intreturalss s 1 and club sports tn a variety of other ar ‘ Gq 1d Mike tp dfrect your actentton , | First to an-tncident whtch was Brought to Your + te avtention sonntine, around spring break of 2002 : 1 4d you racelve tnféréatton from conch Zos0ph se 1» Paterno about an inetdont that mms eloped to have a 1 oceuread on university property tnve]ving Janey i 2 sandsshy and e2ntnon rate? 1 ‘ A 3. plotge tet us foot that information ae 45 cane to your attention the best that you and x don't Krom 1 fe if He was 2002, but ay racoYTectfon was that coach as > eaterno called ayeeT and cary schuTtz, wo 18 the 2 do senior vice president, and said he needed to nest a dh owtth us, that he'vanted 0 report: something 10 Ws we a so we wont over, the'two of us together, nét heh a > him, and ha o> do’ you want me £0 ~~ “ 24. Yor, please ‘A -coath Paterno tndtcated thei he hd Exhibit, E Special Report: Penn State counsel Cynthia Baldwin's role before grand jur.. Page 1 of 8 hennlive COM Special Report: Penn State counsel Cynthia Baldwin's role before grand jury could affect Tim Curley and Gary Schultz's perjury case, experts say Published: Thursday, February 02, 2012, 1:00 AM. Updated: Thursday, February 02, 2012, 5:31 PM & SARA GANIM, The Patriot-News. A» ‘When top Penn State officials Tim Curley and Gary Schultz testified before a grand jury in the Jerry Sandusky child sex abuse investigation, both men apparently thought they had an attorney. She was Cynthia Baldwin, in-house legal counsel for Penn State Univer It Is reflected in the transcript of thelr testimonies: “Good morning, my name is Tim Curley.” “Do you have counsel with you?” “Yes I do, ... My counsel is Cynthia Baldwin.” Schultz was asked: “You are accompanied today by counsel, Cynthia Baldwin, Is that correct?” Views full size CHRIS KNIGHT, The Patriot-News Penn State counsel Cynthla Baldwin during the Penn State University “That Is correct.” board of trustees meeting at the Nittany Lion Inn In State College on Jan. 20. But Baldwin says she was not representing either man, according to Lanny Davis, the high-profile Washington lawyer hired to represent Penn State in the wake of the Sandusky scandal. Instead, Davis sald, Baldwin was In the grand jury room Jan. 12, 2044, strictly on behalf of the university, and not as legal counsel for Schultz and Curley. Legal experts say Baldwin's role before the grand jury could affect the case or Baldwin personally. http://blog, pennlive.com/midstate_impact/print.html?entry=/2012/02/penn... 10/30/2012 Exhibit F sh RIE Fox Rothschild ur aw ORNES {628 bert Avenue, 2th Foor Palsurgh, PA 19222315 ‘eiah2.291.1934 Fax 412.991.6984 mafencttcom Charles A, De Monaco ‘ieot Dial: (412) 394-6929 Paral Address. edeminaco¢@foxtotsskidcom June 22, 2012 ‘Thomas J, Farrell, Esquire Farrell & Reisinger, LLC 200 Koppers Building 436 Seventh Aven Pittsburgh, PA 15219-1827 mmonvwealth ¥. Gary €. Schultz, easMe Farell Re: pleage be advised that 1am in xeeipt of your leet dated June 1, 2012. As you know and in aovordance with existing Offce of General ease University, «nd National Association of Galloge and University Attorneys polieys ‘Cynthia Baldwin, as General Counsel was counsel for CAL represented The Pennsylvania Stale ‘niversity andropresented the interests ait minaraors of to University in thelr capaci agents conducting University business, 59 Fong as their interests were aligned with he Pee rsty, She, however, as General Counse) fof eee niversty, could not and did not represen" vent of the University in an individual tapecily. Nevertheless, Cynthia Baldwin Pe ered communications with the University and Haete agent whose interests were aligned with the University to be confidential, Please be further advised that T-sont you’ totter to Brank Guadagaiino of Reed Smith, Michael Mustokoff arid Daniel Walworth of Duane Morris, Joseph Dee of Saul Ewing and-Greg Paw. of the Freth Group, who all serve as outside counsel to the University. Those ‘Gounsel are responsible for providing response MJoouments to the federal and state grand juries and interacting with federal and state ‘prosecutors. incersly ny Pr sotacev2 0622112 ‘snmp ies Pte covonie Covneseut ebaoro Dice Cohn rods Neda New orcoy—NewYatk Pestana oe pennsrare Cafu fef e om Aielor- rom: - Gary C.Sehalee (qua Bess Fans 614 26-7188 @>» QQ Chain Chairhg Borne 6 Sem M Mle D> dps lo Qaek 4 — @° pL Q&S te aroieh hans whe Laser Ode. 2psfe/ AMdadn shah Tim Gurley, Re: Fwd: Confidential To: Tim Curley From: Joan Coble Subject: Re: Fwd: Confidential Co: Thx. Tim. Joan, At 10:48. a ‘3/7101 ;0500, you wrote: | just gave him the update, ‘A¢08:54 AM 3/7/01 -0500, Joan Coble wrote: ie ave you updated Gary lately? Before he left for FL, he asked me to ck, wiyou re this. pls, know that he is doing e-mail, but will not be reading Gtilsun, ante fs spending a few days with Dave Schuckers and you may either tohane him drshissalphotie at 777-7398 of @ Seekers at 941/988-2034, PIs. Know that the Schuckers live ina Condominium & you may Pio fo go through some referrals to get fo speak withem, $0 ‘be patient if you go that route. Thx. Joan X-Sender; gos2@imap.cac.psu.edy Cyl QUALCOMM Windows Eudora Version 4.3.2 Date: Mon, 26 Feb 2001 08:57:16 -0500 PH: V4.1@04n0t To: TMC8@pauedu From: "Gary C, Schultz” ‘Subject: Confidential Co: fea@psu.edu “Tim, Ym assuring that you've got te bal fo 4) fake wih He subject ASAP regarding the Titre appropriate use ofthe Univers fait, 2) contacting ‘he chair of the Charitable Srganiztin, and 3) contacting the Dept of Wetiare, Ms Joe know 'm out ofthe office for the arse a woeks, but f you need anything fram me, please lt me now. Gary C. Schultz Senior Vice President for Finance & Business/Treasurer Penn State University 208 Old Main University Park, PA 16802 814/665-8574 814/863-8685 (fax) Panted for Joan Coble » Tim Gurley, Re: Fwd: Confidential httoywww.psueduldept/ad Joan L. Coble ‘Administrative Assistant Office of the Senior Vice President for Finance & Business/Treasurer 208 Old Main University Park, PA 16802 814/865-0574 (phone) 814/863-8685 (fax) itp psu.eduldept/ia intea Tor Joan Coble “ied@psu.odu - aero Pi 1 TMC hasn't updated Gi 108 by next wk. (9/6), JLC to ask TMC to send anermail to update r status of enclosed. GCs : » olay 6. Sonulz, 01:67 PM 228/200-0500, Confidential To: TMCS@psu.cd Subject: Confidential Ge: Coblevoan(JL.C) Boo: yeEudora-Signature: Date: Mon, 28 Feb 2001 19:57:18 -0500 Tm, tim assuming the use of the Uniersity Dept of Welfare. AS please let me know From: "Gary C. Schuitz" sone Pe “The Second Mije-Providing Children With ep and Hope Diapenwwthesesondmileorg/boad. aim "THESECOND TOME TOUR MOUUITTEER COWTIDUTE BIGHLUP CALENDAR COMTAGT US BOARD OF DIRECTORS Colleen Camprnan/ John CoBolin/ Kart Colyer Linette Courtney / Dr Donald Gross /Jery Duns / Teer Fisher! Linda Gall/Yohn Greene /BIILD. CGroonteg / etry Hall Bruce Heim / Lou Heldnan / Robert Hil eck Infield / Rick Xercher/Laurone Keck / Relph Leasto/ Jane Miedo (Charles R, Markham /Renos Mecks / Bill Matin / Kim Ortenzio/ Ralph apa Bob Poole / Nancy Ring /Patiis Roenig, sq. /Jery Sandusky / Dionne Schreyer / Stoven Selzer / Lance Shaner / John Sherigea / Larry Shave / Levis, Stoinberg / Fed Strouse / Michoo! Sullivan / Mlebse! ‘Trombley, Fog, / Peter Weller SOUTHCENTRAL REGIONAL BOARD Marion C. Alexeoder /Edwin W, Allison / Anne J. Aufiero/ Robert C. Baker / William W. Brandt f James C. Byerly / Chuck Chubb / Dr, Thomas 8. Davis / Martin DeRose / Mark Byerest/ Ken Ewing / Tofftey 8. Fackler/ James B, Ford / Danie! Giford / Bill D. Greenlee / Jerry Hell Steven D. Hevner / Chris Huber / Jody Keller / Douglas Kepler / Tom Kirchhoff ‘Mice M, Kicolnor/ Tim Koller / James Novingor / Kim Ontenzio / Michael Patrick / Brie C. Peterson / Neal D. Rhoads / ohn Rigele / Jack Shiau / Kenneth Shutts/Fames A, Smeltz2r/ Kimberly Smith / Michael L. Smith / Jan P. Sookel / Charles W. Telfer /Dr. Pamela Blake Welmon / Pau Zeiglar, Esq. BERKS COUNTY CHAPTER ‘Stove Adams / Stove Belinskt / Scott Burkey f Chuck Chubb / Merle ‘Dunkleberger / Kenneth Emkey / Robert Flanegan / Gus Hatzas/ Thomas Heck f Tim Koenig / Kristin MeGlinn / Michael O’Pake /B.J. Sandusky / Jan Sooke / Patricia Schuster / Barbara Tazik / Mary Wert - — a CLEARFIBLD CHAPTER Colleen Campman /Kerry Castel / Logan Cramer, IIL/‘Tim Janocko / Trina amooko / Sue Kelly / Jim Malloy / Jerry McKinney / Margie Milgrs / James Naxddeo / Jamie Quick / JR Rosselli / Mike Sciabica / Wendy ‘Seiabiea / Alan Welker Derek Walker / David Wright LANCASTER COUNTY CHAPTER ‘Aileon Brandt /Willlam Brandt /Jefey Bunting / Anne Crandall / Dan ‘Doremus [Helen Ebersole / Ken Ewing / Dennis Glowaski/ Gary Groff John Holines / Darrick Homer / Michael Huegel/ William Lines / Eric Peterson / Doug Shank / David Shiley / Dale Spaulding / Cust Welk / 2aiarano) 11:10AM: y ppegguntenrtomenct ome IntptAwwsheseeondiiteore/board. him, J Seco. Mil-roviing Caren Wh Help and Hope = STF Kathryn Williams NORTHEAST CHAPTER Joseph Aman / Chet Bartinsk/ Lance Book/ Will Boo’! Yep Clifford / Bok Faust / Seott Hettinger / Dennis Kormonick/ Thowas Manel /Louis Montiel Al Onusheak / Sohn Spevak /Tna Spevak /Axthur ‘Parone / Nadine Weanes / Cai Whitacre YORK COUNTY CHAPTER ‘2d Allison [Tom Cepelto John Carll / Dr. Juego Dango / Mi 2 Alene ook / Chis Huber / Jody Kabir Sandy Kranih/ rtet ehuel Paik sha Rlgle / Gorge Rain / Bred ‘Seovill/ Weak Sommer / David Sprenkle /. Ronald Workinger HONORARY BOARD ‘John R, Cappelletti- Heisman Trophy Winner sys Caypenter, I» Former Oser, Piladelphla Pagles ‘Gurald R. Ford ~ 38th President of the United States Jim Ford - Retired Kinart Bxecutive Wiliem A. Gettig - President, Getlg Technologies, Ino Jack Ham -Pitsburgh SteolersNFL Hall of Fame Franco Harris - Pitsburgh Stelors NFL. Wall of Fame Bob L, Hope - Entertainer ao cbavoney - President, Cablo Management lend L'd, ‘Willi Maier ~ President, Onuni Plastics, Jue, ‘Matt Millen - Pox Sports NFL Commentator aa et apy ~ Chairman, Cable Management heland 148 vail D. Palmer - President, Arnold Palmer Boterrises Seah V.Patmn - ead Footbal Cor, Te Pennsylveni Sale University Pov Keil - Presiden, "The Second Mile (Retired), General Surgeon Sun reyer- Chairman ofthe Boar, Merl Lynch (Retire) Dom Toscan - Owner, Paris Business Forms Richard Vermeil St, Louis Rams Head Cone Guontin Wood -Prosiden, Quaker State Ol Refining Cor gas Zimmerman - Chama ofthe Board, Hershey Foods Corp, (Retired) opt 1999 The Socond Mil, 7.080466, Sala Coleg PA ASH04

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