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.

Doug Overton pleads guilty to disorderly conduct in indecent exposure case

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The Associated Press

Doug Overton pleads guilty to disorderly conduct in indecent exposure case

Former 76er and La Salle basketball star Doug Overton pleaded guilty to three counts of disorderly conduct Wednesday, stemming from an April 30 incident on the Cynwyd Heritage Trail.

Overton, 47, was arrested for exposing himself to both men and women while on the trail in Bala Cynwyd, Pennsylvania, on April 30, per the police.

Overton, the head basketball coach at Divison II Lincoln University, was sentenced to one year of probation and ordered to participate in a psycho-sexual evaluation.

As part of a plea deal, three counts of indecent exposure were dropped. 

“He admitted on the record that his behavior was offensive and obscene, it was obscene behavior and that other people that were there in the park that day enjoying a public area with their families, that they observed that and it was offensive and obscene to them,” Assistant District Attorney Brianna Ringwood told the Main Line Times. “He admitted to engaging in behavior that was obscene and offensive.”

The Big 5 Hall of Famer played 11 NBA seasons, including parts of three with the Sixers. 

Former La Salle great Donnie Carr returns to alma mater as assistant coach

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USA Today Images

Former La Salle great Donnie Carr returns to alma mater as assistant coach

A former La Salle great and Big 5 Hall of Famer is being added to the Explorers' coaching staff.

Head coach John Giannini on Tuesday announced that Donnie Carr would be returning to the program as an assistant coach. Carr, who played four seasons at La Salle from 1996-2000, is one of just six players in program history with over 2,000 career points. 

"Donnie is a La Salle and Big 5 Hall of Famer who has paid his dues in coaching while getting valuable experience and making great contacts," Giannini said in a statement. "He has assisted at the small college level, the Division I level and the highest level of AAU competition. Our relationship has grown over the years and he is the perfect person for our staff at this time. Whether it is in mentoring, skill development or recruiting, he will make our players and program better."

After racking up over 1,000 points in his career at Roman Catholic High School, Carr moved a few miles north up Broad Street and continued to fill it up on Olney Avenue. In four seasons with the Explorers, Carr compiled 2,067 total points and career average of 19.7 points per game.

In addition to being named Atlantic 10 Rookie of the Year in his first season as an Explorer, Carr landed on first team All-Big 5 in each of his four collegiate seasons. 

"Since March 8, 2000, when I played my last game at La Salle in the A-10 Tournament, I have always dreamed of one day getting an opportunity to coach at my alma mater," Carr said. "This is a dream come true, and I'm ready to hit the ground running for our program."

Injuries cut short Carr's professional playing career overseas, which included stops in Turkey and France.

His prior coaching resume includes different stops as an assistant coach at Holy Family University, The Haverford School and Roman Catholic, as well as a two-year stint at Hartford as a coordinator for player devolopment. Carr had recently been named the head basketball coach at Girard College before coming aboard as an assistant coach at La Salle. 

"I'm blessed, honored and thankful for the opportunity that Coach Giannini has entrusted me with," Carr said. "I have always supported Coach Giannini and have the utmost respect and admiration for him. To be given an opportunity to learn from him and the other coaches on the staff is priceless."