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.

The Basketball Tournament: Pitt-led Untouchables take down Boeheim's Army

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Noah Levick/CSNPhilly.com Contributor

The Basketball Tournament: Pitt-led Untouchables take down Boeheim's Army

As far as The Basketball Tournament was concerned, Thursday night’s game was a matchup between No. 2 seed Boeheim’s Army and No. 3 seed Untouchables. However, in the minds of the players and the rowdy fans at Philadelphia University’s Gallagher Center, it was Syracuse vs. Pittsburgh, another edition of a classic rivalry.

Pitt and Syracuse, as the two normally do, delivered an entertaining game, a 91-84 win by the Untouchables, who were led by a team-high 22 points on 8 of 11 shooting from streaky lefty Jermaine Dixon. Ricky Harris, a former UMass guard and friend of Dixon, added 16 points.

For Syracuse, Friends Central High School alumnus and NBA veteran Hakim Warrick was the star attraction. Warrick posted 14 points and two crowd-pleasing dunks. Syracuse had another player from the Philadelphia area in center Rick Jackson. If the name rings a bell, it may be because of his partnership at both Syracuse and Neumann-Goretti High School with point guard Scoop Jardine. The January 2006 contest between Episcopal Academy, led by future NBA players Wayne Ellington and Gerald Henderson, and Neumann-Goretti, headed by Jackson and Jardine, is one of the better Philadelphia high school basketball games in recent memory.

Unsurprisingly, the key for the Untouchables was their smooth ball movement and shooting against Boeheim’s Army's vaunted 2-3 zone. The Untouchables held a substantial edge from three-point territory, making 13 of 31 attempts, compared to 6 of 19 for the 'Cuse contingent. After nailing one of his four three-balls to give the Untouchables a 40-28 lead, Dixon leaned over to the Boeheim’s Army bench and exchanged a few words.

James Southerland, a “ringer” for Syracuse brought in for this game, said, “There were some words here and there. But it’s a rivalry, so that’s how it’s going to be.”

Dixon said the level of intensity is “pretty much the same [as playing in the Big East]. We knew when we were playing them what kind of matchup it was going to be — physical. We knew they were going to sit in the zone, we knew what we were going to do. But ultimately, we were ready to win.”

The addition of Southerland and Donte Greene as ringers appeared to put a greater burden on coach Ryan Blackwell, who had to allocate minutes to 11 players. Pitt suited up only eight.

“We just struggled to find the best five-guy rotation throughout the game,” Boeheim’s Army guard Brandon Triche said.

The Untouchables had none of the same issues gelling as a unit. Dixon and coach Brandon Driver studied film and organized a pregame walkthrough to refresh their memories about how to attack the Boeheim’s Army zone. Even the players who didn’t share the court during college looked like they played together before.

“Team chemistry was big,” Harris said. “You add a big-name guy to your team, nine times out of 10, that’ll hurt you because they want to go out and show how good they are instead of playing the right way.”

Along with the desire to beat their rivals, personal pride was a major motivator for the The Untouchables.

“We’re competitive guys, we’ve always been underdogs our whole lives, and we want to show people that we can still play basketball five, six years out of college,” Harris said, “and I think we’re starting to bring our names back to light and proving ourselves again.”

LeVance Fields, the 5-foot-10 point guard of the 2009 Pitt team that lost to Villanova on Scottie Reynolds’ game-winner in the Elite Eight of the NCAA Tournament, continues to lead his squad. He yelled out instructions from the bench and called his teammates into a huddle when they started to show some nerves from the free throw line in the final minute.

Antonio Graves, who made four three-pointers and scored 12 points in only 19 minutes, said, “Getting to practice and compete against guys like LeVance every day, it made playing teams like Villanova, Syracuse and Connecticut so much easier because we knew we had competed so hard in practice.”

That competitive spirit and strong work ethic clearly led The Untouchables to be confident in their ability to beat any team in this tournament … especially Boeheim’s Army.

“Many of us haven’t lost to Syracuse,” Fields said. “Unfortunately, me and ‘Ton (Graves) lost to Syracuse when (Gerry) McNamara had that unbelievable run at [Madison Square] Garden, so we just wanted to keep our good streak going against them. Even though it’s years later, no disrespect, we feel like we own Syracuse. We always play pretty well against their zone, and we felt like we were going to do that tonight.”

Pitt players have proven time and again that they will beat you if you underestimate them. They have a difficult quarterfinal game against No. 1 seed City of Gods Saturday at noon on ESPN2. But as long as they’re playing with other guys whose toughness and dedication they trust, they’ll enjoy themselves and feel pretty good about their chances.

“We always talk about Pitt guys play together,” Dixon said. “We missed that. It’s always fun playing with Pitt guys, so that was the No. 1 thing — we wanted to play together.”

The Basketball Tournament: Philly-heavy Family Over Everything eliminated

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Noah Levick/CSNPhilly.com Contributor

The Basketball Tournament: Philly-heavy Family Over Everything eliminated

It’s not often that nostalgia blends with shoving, trash talk and desperate dives on the floor. At The Basketball Tournament, a 64-team competition with a $2 million prize for the winners, all those elements are in play.
 
Philadelphia University’s Gallagher Athletic Center hosted the Super 16 Thursday night, including the first contest of the evening between No. 1 seed City of Gods (COG) and No. 5 seed Family Over Everything (FOE), which ended in a 99-83 win for COG.
 
Many of the teams in the tournament are comprised of alumni from one school or players from a certain region. For FOE, there was a distinct Philly flavor; Scott Rodgers (Drexel ’09), Dionte Christmas (Temple ’09) and Maalik Wayns (Villanova ‘12) all played for Philadelphia schools. Co-coaches Marcus and Markieff Morris, members of the Pistons and Wizards respectively, grew up in Philadelphia and attended Prep Charter. Two of their teammates at Kansas were also on the squad, Tyshaun Taylor and Thomas Robinson (serving as an assistant coach).
 
City of Gods had a much more diverse mix of players, including 2005 Drexel graduate Phil Goss. The roster included Xavier Silas, who played in two games for the Sixers during the 2011-12 season, DerMarr Johnson, the sixth overall pick in the 2000 NBA draft and Michael Sweetney, the ninth pick in the 2003 draft.
 
The first of two 18-minute halves started at a high tempo, even though the tournament uses a 30-second shot clock. While Wayns, Taylor and Rodgers had some early success driving to the hole, COG stifled FOE’s offensive rhythm by switching to a trapping zone defense midway through the half. As FOE began to settle for threes, missing most of those attempts, COG got hot from long range. For the game, COG shot 14 of 27 from behind the arc, and FOE shot 9 of 27.
 
By the end of the half, COG had a 51-40 lead. Despite the occasional sensational floater by Wayns, who scored a team-high 22 points, or 25-foot rainbow jumper by Christmas, COG’s solid fundamentals, disciplined defense and balanced scoring neutralized FOE. Six players scored in double figures for COG, including Goss with 15 points on 4 for 5 shooting from the field. Silas’ 19 points (6 of 8 FG, 3 of 4 from three-point range) led the team.
 
“The one thing all these guys do is sacrifice their personal game — you look at Phil Goss, he’s so consistent … maybe not flashy, maybe not something where the crowd will jump out and go crazy, but consistent,” said COG coach Joe Connelly III, a former player development coach in the NBA and the older brother of Denver Nuggets GM Tim Connelly.
 
The Morris twins took their coaching duties very seriously on the other sideline, drawing up plays, calling out-of-bounds sets and constantly lobbying for foul calls to the referees. It was indeed a very physical game, as the teams combined to shoot 68 free throws. If the referees had decided to be more stringent about calling fouls for contact off the ball and during the elbow-heavy exchange for every rebound, there could have been even more.
 
When the lead stretched to 58-42 midway through the second half, FOE began to play with a stretch of desperation. For a spurt, that was effective, as a hoop by Sean Evans capped a 15-6 run. But with their thin eight-man rotation, FOE wasn't able to sustain that energy. COG continued to spread the ball around and force turnovers as the pro-Philly crowd voiced its frustrations with the referees and the fact that FOE’s tournament run was about to end.
 
“The first round, FOE had a big following and we knew that was going to be in their favor, but we still believed that we were the better team,” Silas said. “This is what we do. Every game overseas, every game in the NBA, there’s going to be thousands of people yelling at you, so that wasn’t a problem. That wasn’t even a factor.”
 
“The fans can’t play. They can do all the chanting they want to, but they can’t step on the floor and check up,” Goss said.
 
If FOE’s tournament hopes weren’t already dead, Goss nailed the dagger three with 3:03 remaining to make it 89-73.
 
It’s not hard to see why COG is a No. 1 seed. It's a determined, talented squad. In last year’s tournament, the team lost in the semifinals.
 
“We were pissed off that we lost, and we still feel how we felt after that game,” Silas said. “So we got some unfinished business.”
 
As COG discussed its approach to the tournament after the win, power forward James Gist and Connelly had an interesting exchange.
 
“We go with the flow of the game and whoever is getting it done is getting it done,” Connelly said. “You think about some of these teams that are adding ringers, we got a team full of ringers.”
 
“We got a team full of alphas,” Gist added.
 
“But they’re all alpha males,” Connelly said, “who have accepted it might not be the James Gist show, or it might not be the Xavier Silas show.
 
“We look at the stat sheet and then just throw it right in the trash. Because all that matters is win, go on to the next game.”
 
City of Gods will play The Untouchables, a team of mostly Pitt alumni (see story), in a quarterfinal matchup on Saturday.

Villanova basketball heading to Spain for exhibition games in August

Villanova basketball heading to Spain for exhibition games in August

The defending national champion Villanova Wildcats will be racking up its frequent flier miles in a few weeks.
 
The team will travel to Spain on Aug. 2 for an eight-day tour of Barcelona and Madrid that includes three exhibition games against Spanish Select Teams, before returning home Aug. 10.
 
The Wildcats’ first exhibition game is in Barcelona on Friday, Aug. 5, followed by their final two games in Madrid on Sunday, Aug. 7 and Tuesday, Aug. 9.
 
“We’re very excited to bring our team to Spain, the birthplace and home of St. Thomas of Villanova,” Villanova head coach Jay Wright said in a release. “This trip will help all of us learn more about our University’s heritage while also giving us the chance to play three quality opponents as we continue to prepare for the 2016-17 regular season.”
 
Villanova heads into the upcoming season returning three starters: forwards Josh Hart and Kris Jenkins, and point guard Jalen Brunson. Hart and Jenkins are back for their senior seasons after both players went through the NBA Pre-Draft beforing returning to 'Nova.
 
Per NCAA rules, teams can take a trip abroad once every four years. Villanova last took an overseas preseason trip to France and the Netherlands in August 2011.