Case vs. three Penn State officials to move ahead


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.

No. 16 Villanova vs. No. 23 Albany: With or without Bednarczyk, can Wildcats rebound?


No. 16 Villanova vs. No. 23 Albany: With or without Bednarczyk, can Wildcats rebound?

No. 16 Villanova (5-2, 3-1) vs. No. 23 Albany (4-2, 1-2)
Villanova Stadium, Villanova, Pa.
Saturday, 3:30 p.m.

Fresh off a rare loss, Villanova looks to get back on track during its homecoming game against another nationally ranked foe. Here’s a look at the matchup:

Scouting Villanova
The Wildcats saw their five-game winning streak snapped in resounding fashion as they were shut out for the first time since 2004 in a 23-0 loss to Richmond. Sophomore quarterback Zach Bednarczyk left the game in the second quarter with an injury, a big reason why the Wildcats finished with just 222 yards of total offense. But despite the final score, Villanova’s defense played well again with Austin Calitro and Rob Rolle each hitting double digits in tackles. The unit is ranked fifth in the FCS in scoring defense (16.3 points per game) and sixth in total defense (237.9 yards per game) and has scored four defensive touchdowns.

Scouting Albany
After winning their first four games, the Great Danes lost their next two, a 36-30 triple-overtime heartbreaker to Richmond followed by a 20-16 setback to Maine. Sophomore quarterback Neven Sussman led Albany with 187 passing yards and 75 rushing yards. But for the season, their offensive strength has been with sophomore running back Elijah Ibitokun-Hanks, who’s second in the CAA in rushing, averaging 105 yards per game. Albany’s defense is only behind Villanova in points allowed per game (19.3) in the CAA, but interestingly enough is last in total defense (420.2 yards per game). The Great Danes lead the league in turnover margin (plus-15), led by linebacker Michael Nicastro and safety Mason Gray with three interceptions apiece.

Series history
Villanova has only played Albany twice, beating the Great Danes, 48-31, in 2014 and steamrolling it, 37-0, last season. 

Storyline to watch
The big question going in is whether Bednarczyk will play with Villanova saying it will be a game-time decision after the QB suffered a concussion last week. If he can’t go, Adeyemi DaSilva will get the start in his place after replacing him in the second quarter vs. Richmond. DaSilva is a promising player but Bednarczyk was coming into his own this season and his absence would naturally be a difficult one. Of course, the Wildcats have been through this before with Bednarczyk taking over as the starter last season when star John Robertson went down with an injury of his own.

What’s at stake?
Villanova still has a chance to win the CAA but probably can’t afford a second loss in the league. And of course, there’s nothing better than winning in front of a homecoming crowd.

A lot depends on whether Bednarczyk can play … but even if he doesn’t, the Wildcats’ dominant defense may be enough to get the job done. 

Villanova 20, Albany 17

Temple runs past South Florida, claims 1st place in AAC East

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Temple runs past South Florida, claims 1st place in AAC East


Temple didn’t mince words about its early setbacks in 2016.

The Owls were “hurt” after their season-opening loss to Army. They were “angry” after dropping a rivalry game to Penn State. They stressed a need to “finish” following a blown lead to Memphis.

All of that heartbreak went into making the Owls what they are today: leaders in the American Athletic Conference East Division.

Temple turned the tables on run-oriented South Florida to gash the Bulls for 319 rushing yards (210 coming from Ryquell Armstead) in a 46-30 win on Friday night at Lincoln Financial Field (see Instant Replay).

The victory helped the Owls (5-3, 3-1 AAC) avenge last season’s blowout and, more importantly, move into a first-place tie in the conference’s East Division. With back-to-back wins over South Florida and Central Florida, Temple now holds tiebreakers over its two closest competitors in the East.

“Last year’s success we had as a team was built on the years we went 2-10 and 6-6,” head coach Matt Rhule said. “It might sound corny to you guys, but you lose games and you learn all these lessons and you learn how to win. 

“Toward the end of last year, you have some success. It doesn’t end the way you wanted it to. You come back this year, all those losses we had or the certain losses we had, we hated them but the kids did a good job of trying to learn from them.”

Temple showed just how much it learned from all of those tough lessons on Friday night. After getting shredded by the South Florida (6-2, 3-1 AAC) dynamic duo of quarterback Quinton Flowers and tailback Marlon Mack a season ago, TU opted to get its own ground game going in this one to help control both sides of the ball.

It worked to perfection early with Temple scoring on three of its first four possessions, including a 15-play drive that was capped off by a one-yard touchdown catch by tight end Colin Thompson and a 76-yard TD run by Armstead. 

Even later in the game when the Bulls used a quick three-play, 84-yard drive to take a 23-20 lead, the Owls didn’t panic like in past instances. They responded with a three-play drive of their own as Armstead broke free through the right edge for a 42-yard touchdown rumble.

A blocked punt on the ensuing possession provided excellent field position for the Owls, who only needed another two plays for Jahad Thomas to punch it into the end zone from nine yards out for a double-digit lead.

“Just powering guys in the first and second quarter. Just coming in and head-hunting, basically, not shying from contact,” Armstead said of his mindset in the run game. “By the end of the third and fourth quarter, they don’t want to tackle me. It’s just opening up.”

“Our big thing is just finishing the game as best we can,” fullback Nick Sharga said. “I think really just wearing teams down by running the ball toward the end of the game helps our offense out, so we take pride in it.”

The primetime effort was something the Owls’ offense as a whole could take pride in. Temple racked up 528 total yards, 26 first downs, dominated time of possession 39:07 to 20:53 and didn’t commit a turnover.

“There’s a way to win every game. Bill Parcells said that and I believe it,” Rhule said. “We get in the game and it just looked like the downfield passing game was going to be there in terms of some of the throws we threw at the end of the half. And it looked like the power run game was going to be there, so we stuck with it.”

Temple’s defense stayed the course as well. After letting the Bulls close the gap within a touchdown early in the fourth quarter, the Owls’ D tightened with an interception that set up a TD and a sack for a safety to seal the win.

In all, the group held a potent USF team that came into Friday eighth in the nation in rushing (268.4 yards per game) and 15th in total yards (506.4 yards per game) to 165 and 352, respectively.

“We came in the game with a mindset that we were going to play really well,” defensive lineman Praise Martin-Oguike said. “We knew what kind of guys they had. We knew they were going to get some plays on us. It was going to come down to the fourth quarter and it did, so we just kept playing the whole game.”

The ability to just keep playing is a mantra that should stick with Owls, especially now that they are back on top of the East Division. One slip-up and they could be right back to searching for words to describe their level of disappointment for this season.

“This was a team that mirrors us that they try to line up and pound you and they’re just so athletic and physical. This was a huge win for us,” Rhule said. “But as I told them in there, everything you did tonight won’t matter if you lose next week. You better get right back on the process that we do.

“It was just a huge moment for us with Army happening and then Memphis, letting it slip out of our hands. Then last week, kind of making some plays at the end. … There were just so many guys that made plays. That’s what makes it a huge win to me. Obviously it gives us some control, but that all can change in a week or the blink of an eye. They better stay focused.”