Case vs. three Penn State officials to move ahead

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Case vs. three Penn State officials to move ahead

HARRISBURG, Pa. -- Three former Penn State administrators accused of covering up abuse complaints about Jerry Sandusky lost a set of rulings Tuesday, allowing their criminal cases to move forward.

Judge Barry Feudale denied an attempt to throw out the grand jury report backing up the accusations and ruled against two other defense requests. As the judge who oversaw the grand jury, Feudale said he no longer has jurisdiction.

Feudale said he would not have granted the defendants' request that the charges be thrown out and emphasized that the case was out of his hands once the grand jury issued its report. But the judge did provide an analysis of the defense arguments that, he said, led him to conclude their motions lacked merit.

Defendants Gary Schultz, Tim Curley and Graham Spanier are charged with perjury, obstruction, endangering the welfare of children, failure to properly report suspected abuse and conspiracy.

The three had sought to exclude the testimony of Penn State's former general counsel Cynthia Baldwin, based on her actions as she accompanied the men to grand jury appearances in Harrisburg in early 2011. The defendants argued that Baldwin's actions violated their right to legal counsel, but Feudale said it "strains credulity to infer that they were somehow deluded or misrepresented by attorney Baldwin."

"In hindsight, perhaps I erred in not asking follow up questions about the role of corporate counsel Baldwin," Feudale wrote. "I regret and perhaps committed error in not asking any follow-up questions, but while I am unaware what the response would have been, I fail to discern how such would persuade me at this stage why presentments should be dismissed."

The attorney general's office and a spokeswoman for Curley's legal team offered no immediate comment. Lawyers for Spanier and Schultz did not immediately return phone messages.

Sandusky, a retired Penn State assistant football coach, was convicted in June of abusing several boys, some on campus. Sandusky, 69, is serving a 30- to 60-year state prison sentence but maintains his innocence and is pursuing appeals.

Curley is on paid leave to finish out the final year of his contract as the school's athletic director. Schultz has retired as the university's vice president for business and finance. Spanier was forced out as university president the week after the other two and Sandusky were charged, but he remains a tenured faculty member.

The grand jury's report described in detail the behind-the-scenes conversations and decisions being made in late 2010 and in 2011 among the men, as Baldwin met with them after they were subpoenaed as part of the Sandusky investigation.

"Each personally and directly assured her that they knew of no information or documents involving alleged misconduct or inappropriate conduct by Jerry Sandusky," the grand jury wrote.

Baldwin testified to the grand jury that Spanier "specifically requested that she keep him informed of everything regarding (the Sandusky) investigation," the jury wrote.

In November, Curley and Schultz joined together to file one motion to prevent Baldwin from taking the stand against them.

The motion said Baldwin had violated attorney-client privilege by disclosing what they told her about the Sandusky matter, and that lawyers may not testify against their clients. Spanier filed a similar motion and made a similar argument.

Feudale said his review of Baldwin's testimony led him to conclude it was "circumspect and circumscribed. It was not a violation of the lawyer-client privilege, but rather was related to her belated awareness of the commission of alleged criminal acts and was in accordance with her responsibilities as an officer of the court."

Baldwin, who spent two years on the state Supreme Court, appointed by then-Gov. Ed Rendell, is also a former chair of the Penn State Board of Trustees. The university replaced her as general counsel last year.

College football wrap: Auburn upsets No. 18 LSU with controversial finish

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College football wrap: Auburn upsets No. 18 LSU with controversial finish

AUBURN, Ala. -- Gus Malzahn was ready to try anything to get a win for his Auburn Tigers.

Malzahn relinquished offensive play-calling duties. Following his daughters' advice, he traded his usual game-day visor for a cap. And then, when the clock expired and LSU players were celebrating an apparent last-second win, the Auburn coach put all his faith in a ruling he couldn't control.

Daniel Carlson kicked six field goals and Auburn beat No. 18 LSU 18-13 on Saturday night after officials ruled Danny Etling's apparent last-gasp scoring pass came after time expired.

Malzahn said he knew there were only zeroes on the clock before the snap to Etling.

"I was pretty confident time had expired," Malzahn said. "It was just a matter of going to the booth and confirming it."

Etling rolled to his right and found D.J. Shark in the back of the end zone on a 15-yard pass, setting off a short-lived celebration by LSU players (see full recap).

Hornibrook proves he's ready in Badgers' win over Spartans
EAST LANSING, Mich. -- By the time Alex Hornibrook's first start was over, there wasn't much question about whether he could handle one of the toughest road tests in the Big Ten.

Hornibrook threw for 195 yards and a touchdown, and 11th-ranked Wisconsin turned its early-season showdown with No. 8 Michigan State into a rout, beating the Spartans 30-6 on Saturday.

"You've got to have respect for a guy whose first start is against a Michigan State defense," Wisconsin running back Corey Clement said.

"He's going to come out the next game and do even better. I think he's just getting his feet wet."

The freshman quarterback outplayed fifth-year senior Tyler O'Connor, his Michigan State counterpart. The Badgers (4-0, 1-0 Big Ten) were the better team in the first half and then outscored the Spartans 17-0 in the third quarter (see full recap).

No. 23 Rebels find their rhythm, beat No. 12 Georgia 45-14
OXFORD, Miss. -- Mississippi quarterback Chad Kelly faked the handoff and then took off running toward the end zone. A few seconds and 41 yards later, the quarterback had cruised through the middle of the Georgia defense and into the end zone untouched.

It was pretty much that easy for the Rebels all afternoon. Ole Miss finally built a lead it couldn't give away.

No. 23 Ole Miss rolled to a 45-14 victory over No. 12 Georgia on Saturday, building a 31-0 lead by halftime and a 45-0 advantage by midway through the fourth quarter.

Kelly threw for 282 yards and two touchdowns. Ole Miss (2-2, 1-1 Southeastern Conference) broke a 10-game losing streak in the series dating to 1996 (see full recap).

Dobbs rallies No. 14 Vols to 38-28 win over No. 19 Gators
KNOXVILLE, Tenn. -- This time, Tennessee delivered the comeback.

And in the process, the Volunteers took out 11 years' worth of frustration on Florida.

Joshua Dobbs accounted for five second-half touchdowns Saturday and No. 14 Tennessee erased a 21-point deficit to beat No. 19 Florida 38-28 and end their 11-game losing streak in the annual series.

"I didn't see anybody blink," Tennessee coach Butch Jones said. "Nobody flinched. They just kept playing."

This marks the first time Tennessee (4-0, 1-0 SEC) has beaten Florida (3-1, 1-1) since 2004. The Volunteers had lost to Florida by one point each of the last two years despite leading in the fourth quarter of both games (see full recap).

Defense scores twice as Villanova beats Lafayette

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Defense scores twice as Villanova beats Lafayette

EASTON, Pa. -- Tanoh Kpassagnon returned a fumble 25 yards on the first offensive play of the game and Jeff Steeb returned an interception 45 yards to close the scoring and Villanova defeated Lafayette 31-14 on Saturday night.

Aaron Forbes, who ran for 111 yards on 11 carries, scored on a 3-yard run in the third quarter to put the Wildcats (3-1) up 24-14 after the Leopards (1-3) had rallied after falling behind 17-0.

Javon White's 1-yard plunge made it 17-0 for Villanova but Lafayette's Drew Reed hit Yasir Thomas for a 14-yard score just before halftime. Reed connected with Tim Vangelas on a 19-yard score early in the third quarter.

Lafayette finished with four turnovers with Rob Rolle picking off two passes, including one he returned 100 yards for a touchdown that was nullified by a penalty.

Villanova had 378 yards of offense, 238 on the ground while Lafayette had 342, 272 through the air.