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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.

Best of CFB: Mayfield with 3 TDs as No. 5 Sooners top No. 2 Ohio State

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Best of CFB: Mayfield with 3 TDs as No. 5 Sooners top No. 2 Ohio State

COLUMBUS, Ohio -- Baker Mayfield threw for 386 yards and three touchdowns as No. 5 Oklahoma pulled ahead in the second half to knock off No. 2 Ohio State 31-16 on Saturday night to give first-year head coach Lincoln Riley an early signature victory.

Mayfield lived up to his billing as a Heisman Trophy candidate in shifting the Sooners (2-0) into overdrive and piling up the yards in the second half as the Buckeyes' offense sputtered. Oklahoma took its first lead of the game near the end of the third quarter and cruised in the fourth (see full recap)

No. 15 Georgia outslugs No. 24 Notre Dame, 20-19
SOUTH BEND, Ind. -- Georgia got to Dawg Walk out of Notre Dame Stadium with a victory, dozens of its fans forming a line from the locker room to the buses to congratulate the Bulldogs after their first trip to this part of the country in more than 50 years.

Lorenzo Carter and Davin Bellamy led a swarming Georgia defense and the No. 15 Bulldogs got enough plays from an offense starting a freshman quarterback to beat No. 24 Notre Dame 20-19 on Saturday night (see full recap).

The Bryants lead No. 3 Tigers to 14-6 win over No. 13 Auburn
CLEMSON, S.C. -- Clemson's new starting quarterback had an easy way for the third-ranked Tigers to keep winning the next several years - recruit more Bryants.

Kelly Bryant, Clemson's first-year starter, ran for two touchdowns after a scary hit knocked him to the ground and defensive end Austin Bryant had four of the Tigers' 11 sacks in a 14-6 victory over No. 13 Auburn on Saturday night.

"The Bryant guys were pretty good," said Kelly, who's not related to Austin. "We've got to keep it going."

If they do, the defending champion Tigers (2-0) might be playing in their third straight title game (see full recap).

No. 6 USC routs No. 14 Stanford 42-24 for 11th straight win
LOS ANGELES -- Steven Mitchell and Deontay Burnett caught two touchdown passes apiece from Sam Darnold, and No. 6 Southern California extended its winning streak to 11 games with a bruising 42-24 victory over No. 14 Stanford on Saturday night.

Darnold went 21 of 26 with 316 yards passing for the Trojans (2-0, 1-0 Pac-12), who snapped their three-game losing streak in this California private-school rivalry. USC racked up 623 total yards and won the first Pac-12 game of the new season by beating the hard-nosed Cardinal (1-1, 0-1) at their own physical game (see full recap).

Villanova at Temple: The return of the Mayor's Cup

Villanova at Temple: The return of the Mayor's Cup

FCS No. 6 Villanova (1-0, 0-0 CAA) at Temple (0-1, 0-0 AAC)
Lincoln Financial Field
Saturday, 3:30 p.m., ESPN3

The rivalry between Temple and Villanova moves from the hardwood back outside to the gridiron on Saturday afternoon as the Owls and the Wildcats will play for the Mayor’s Cup for the first time in five seasons.

Temple heads into the matchup reeling after a thorough 49-16 defeat at Notre Dame last week in new head coach Geoff Collins’ debut, a game that saw the Owls get handled in every facet by the Fighting Irish.

Villanova, now No. 6 in the FCS rankings, comes into the contest at 1-0 after a hard-fought 38-35 victory at Lehigh in the first game of the post-Andy Talley era.

To get you ready for Saturday’s matchup, CSNPhilly.com reporter Greg Paone and CSNPhilly.com contributor Dave Zeitlin break down all you need to know about the Owls and the Wildcats.

Scouting Temple
The Owls still have plenty of questions after last week’s shellacking at Notre Dame, but one huge one was answered in the form of a starting QB as redshirt sophomore Logan Marchi emerged victorious from the summer’s four-horse race for the starting crown. Marchi, who entered the game with only two career completions on six attempts, had some early jitters but settled in as he went 19 for 35 with two TD passes. He’ll look to keep the confidence growing and take another step forward against the Wildcats. Sophomore WR Isaiah Wright is a player to keep an eye on when the Owls’ offense is on the field. A versatile weapon who can line up all over the field, he made an impact last week when the ball was in his hands with four grabs for a team-high 78 yards. Junior tailback Ryquell Armstead toted the rock 19 times for 68 yards. Look for the Owls to feed him and attempt to get him more involved on Saturday.

To call Temple’s rushing defense last week porous would be doing it an injustice. The Owls were gashed for 422 yards on the ground by the Irish, who had three players with over 100 yards on the ground. Tailback Josh Adams had a game-high 161 yards, while fellow RB Dexter Williams had 124 yards and QB Brandon Wimbush had 106 yards of his own. The Irish had five rushing TDs on the day. Temple held Notre Dame’s passing attack in check, though, as the Irish had only 184 yards and a single score through the air. Redshirt junior safety Delvon Randall led the way with 11 total tackles for the Owls. - Paone

Scouting Villanova
As always, the Wildcats will be a power in the Colonial Athletic Association, arguably the best conference in the FCS, as well as on the national FCS scene. The Wildcats ascended to the No. 6 ranking after opening their season with a 38-35 win over Lehigh in Mark Ferrante’s first game as head coach. Ferrante, a longtime Villanova assistant, took over for Talley, who retired after 32 years on the job.

In the win, Villanova was led by quarterback Zach Bednarczyk, who threw for two touchdowns and ran for another as he looks to come into his own in his third year starting under center. Senior running back Matt Gudzak, who shares carries with Aaron Forbes, ran for a career-high 142 yards and two touchdowns, while tight end Ryan Bell and big-play receiver Taurus Phillips combined for 175 receiving yards. Defensively, Villanova is paced by preseason All-American safety Rob Rolle and senior linebacker Ed Shockley, the latter of whom had a career-high 14 tackles (13 solo) in the opener. - Zeitlin

History
The Wildcats hold a 16-15-2 all-time advantage over the Owls in a series that dates back to 1928.

Temple has won the last three meetings, the most recent of which was a 41-10 decision on Aug. 31, 2012. In those last three meetings, the Owls have outscored the ‘Cats by a 114-41 margin.

Villanova’s last victory came in 2009 when the ‘Cats stunned the Owls, 27-24. The Wildcats are 3-18 all time against FCS foes and two of those three wins have come at the expense of the Owls (2003, 2009).

Storylines to watch
Temple: If one’s a coincidence, is two a trend with the rushing defense?

As noted above, the Owls were absolutely gashed by the Fighting Irish last week to the tune of 422 rushing yards, the most Temple has given up to a non-option team in the last nine years. Not pretty at all, obviously, but Notre Dame is a different animal that features some of the best talent in the nation.

Still, defensive coordinator Taver Johnson’s group needs to rebound against the Wildcats before other teams start to get the book on the Owls’ weaknesses. Especially before AAC play begins in two weeks with a trip to conference darling South Florida.

But just because Villanova is an FCS squad doesn’t mean that will be an easy task for Temple as the Wildcats feature a formidable duo at tailback in Gudzak and Forbes. - Paone

Villanova: Defensive litmus test

After surrendering five touchdowns vs. Lehigh, it’s clear the ’Cats have some work to do to try to match the level of their FCS-leading defense from a year ago. But can they pick up the pace against an FBS opponent that has the kind of offensive weapons they’re not used to seeing? One interesting thing to watch will be to see if their two defensive stars and captains — Shockley and Rolle — can show they belong. Both are from South Jersey and know a lot of guys on Temple, and Rolle in particular is motivated by the Owls passing on him during the recruiting process (see story). - Zeitlin

What’s at stake?
Temple: Pressure of the dreaded 0-2 hole

The last thing Collins and the Owls need as they gear up for conference play in a couple weeks is the added pressure that comes with falling in an 0-2 hole. If they lose Saturday to Villanova the questions will come in a fast and furious manner. That can be an issue for a young team and its new head coach, both of which are trying to smooth out the bumps that come with a new starting QB and replacing seven starters on defense. It’s way too early to call this a “must-win” for Temple, but it will be a long week at 10th and Diamond Streets if the Owls drop this one. - Paone

Villanova: FBS spotlight

A loss would do little to damage the Wildcats’ playoff hopes, but a win over the Owls on Saturday afternoon may give them the kind of national attention they don’t usually get at the FCS level. - Zeitlin

Predictions
Paone: Villanova is very good team and the Owls will have egg on their faces if they think any differently just because the ‘Cats play at the FCS level. But a focused Temple team comes to the Linc on Saturday with just too much firepower in hand for Villanova to handle.

Temple 31, Villanova 20

Zeitlin: Villanova may be able to keep it close as it has vs. FCS programs in the past. But, in the end, the talent and depth differences will be too much to overcome.

Temple 35, Villanova 24