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Thread: All things Cynthia Baldwin

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    All things Cynthia Baldwin

    Penn State counsel’s role in Sandusky inquiry called into question
    By Jeremy Roebuck / The Philadelphia Inquirer

    http://bostonherald.com/news/nationa..._into_question

    PHILADELPHIA - Three top Penn State University administrators were each posed a question from prosecutors when they testified separately last year before the grand jury investigating Jerry Sandusky:

    Do you have counsel with you today?

    Then-university president Graham B. Spanier, athletic director Tim Curley, and vice president Gary Schultz each offered the same answer: Yes, Cynthia Baldwin, the university’s general counsel.

    But Baldwin has since maintained that she represented none of them and instead sat in on the proceedings on behalf of the university.

    Those conflicting views have complicated the criminal cases against Schultz and Curley, who are charged with lying to the grand jury, and have called into question Baldwin’s role in managing the most significant crisis in Penn State history.

    A review of court filings, interviews with sources close to the investigation, and the findings of the 267-page report by former FBI Director Louis Freeh portray Baldwin as more preoccupied with protecting administrators who would later be implicated in a coverup than with serving the interests of the university for which she worked.

    And now, facing mounting pressure from the criminal investigation, Spanier, Curley, and Schultz have each turned on the woman they once trusted for legal advice............

    She "has chosen to maintain confidentiality and to uphold her ethical obligations to her client, the university," [her lawyer] De Monaco said.

    Freeh characterized Baldwin’s representation of Penn State’s interests as "seriously deficient."............

    "If she was representing the university, she shouldn’t have been in the grand jury room at all," former Pennsylvania Attorney General Walter Cohen said.


    More at link.....

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    Baldwin's involvement per the Freeh report....

    1 of 7 references to Baldwin in the report: (per search)

    December 28, 2010 - January 11, 2011 [paras. added]

    Then-Penn State General Counsel Cynthia Baldwin speaks to the Attorney General's Office staff about Grand Jury subpoenas for Schultz, Paterno and Curley;

    alerts Spanier of subpoenas; [he denies this]

    meets with Schultz, Paterno and Curley to discuss Sandusky;

    and calls former University outside counsel Wendell Courtney about his knowledge of Sandusky. Courtney emails Schultz: Baldwin "called me today to ask what I remembered about JS issue I spoke with you and Tim about circa eight years ago. I told her what I remembered. She did not offer why she was asking, nor did I ask her. Nor did I disclose that you and I chatted about this."

    Courtney emails Baldwin that "someone ... contacted Children and Youth Services to advise of the situation so that they could do whatever they thought was appropriate under the circumstances, while being apprised of what PSU actions were, i.e., advising JS to no longer bring kids to PSU?s football locker rooms."
    [Nobody in PSU contacted CYS in 2001 or 1998 and what they told JS is questionable]


    January 12, 2011 ? Schultz, Paterno and Curley testify before the Grand Jury.

    March 31, 2011 ? Patriot-News publishes article on Sandusky investigation.

    April 1, 2011 ? A Trustee emails Spanier, asking if the Board will be briefed about the Sandusky investigation reported in the paper. Spanier tells the Trustee: "Grand Jury matters are by law secret, and I'm not sure what one is permitted to say, if anything. I'll need to ask Cynthia [Baldwin] if it would be permissible for her to brief the Board on the matter."



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    2 and 3 of 7 references to Baldwin in the FR: (paras added)

    General Counsel Until 2010, the University outsourced most of its legal work to McQuaide Blasko, a law firm in Centre County, Pennsylvania.

    The Board of Trustees reassessed this legal services model in 2009 based on a study conducted by the SVP-FB and approved the establishment of the Office of General Counsel for the University. The General Counsel is a member of the President's Council.

    In January 2010, Spanier appointed Cynthia Baldwin, a former Board member and Chair, as the first General Counsel and Vice President of the University. The Board approved Baldwin's appointment on January 22, 2010.20

    Baldwin retired on June 30, 2012 and has been succeeded by Stephen S. Dunham, pending final approval by the Board of Trustees.

    *******

    Spanier told the Special Investigative Counsel that his first knowledge of the 1998 event came when he was before the Grand Jury on April 13, 2011.180

    Yet notes from Spanier's interview on March 22, 2011 with members of the Attorney General's Office reflect he was asked, "[d]id you have info @ the 1998 incident?" 181

    Cynthia Baldwin, who was then General Counsel, confirmed to the Special Investigative Counsel that Spanier was asked about the 1998 event in the interview before the Grand Jury appearance. 182 According to Baldwin, after the interview, Spanier said the interview "was no big deal" and he was "quite comfortable" going before the Grand Jury.183

    Finally, on January 4, 2011, when State Police came to Penn State to obtain a copy of the 1998 police report concerning Sandusky, Albert Horvath, then Senior Vice President - Finance and Business said he would "let Graham and Tim know" that the police requested the 1998 report as part of a "Jerry Sandusky investigation which has been ongoing for the past year."184

    D. University Officials Do Not Notify the Board of the Sandusky Investigation The Penn State Board of Trustees met on May 14 and 15, 1998. Nothing in the Board's records or from the Special Investigative Counsel's interviews of Trustees indicates that Spanier, or any University official, notified the Board of the Sandusky investigation, or that there were any contemporaneous discussions with Board members of the 1998 Sandusky investigation. In 1998, the Board of Trustees did not have a process or a committee structure for receiving regular reports from University officials on risk issues such as the Sandusky investigation. 53


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    4 of 7 references to Baldwin in the FR:

    Nearly 10 years later, on January 10, 2011, Courtney emailed Schultz and said, "Gary - Cynthia Baldwin called me today to ask what I remembered about JS issue I spoke with you and Tim about circa eight years ago [emphasis added]. I told her what I remembered. She did not offer why she was asking, nor did I ask her. Nor did I disclose that you and I chatted about this."287

    The initials "JS" in Courtney's 2011 email appear to indicate Jerry Sandusky. Courtney served as Penn State's outside legal counsel for 28 years and was a partner at a law firm that performed legal work for the University for nearly 50 years. Based on the advice of counsel, Courtney declined to be interviewed by the Special Investigative Counsel. Thus, the Special Investigative Counsel was unable to learn Courtney's explanation about the legal work he performed on February 11, 2001.

    C. February 12, 2001: Initial Response of Spanier, Schultz and Curley to Sandusky Incident After the Commonwealth brought criminal charges against Schultz in November 2011, Schultz's assistant removed some of the Sandusky files from Schultz's Penn State office and delivered them to Schultz. The assistant failed to disclose in two interviews with the Special Investigative Counsel that the Sandusky files had been removed.288
    z

    aa

    Exhibit 5-A (McQuaide Blasko documents). Exhibit 5-B (Control Number 11118161).

    69


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    5 and 6 of 7 references to Baldwin in the FR:

    Spanier also said he did not ask for such details [about 2001].

    When then-Penn State General Counsel Cynthia Baldwin first heard that the Attorney General's office planned to subpoena Schultz, Paterno, and Curley to appear before the Grand Jury, she called Spanier to inform him of the news.300

    Baldwin's notes from this call on December 28, 2010 reflect that Baldwin informed Spanier of the situation. 301

    Baldwin's notes of the call reflect that Spanier said he "[m]ay have consulted w/Wendell when Tim, Gary & Graham spoke" when he first heard of the 2001 incident.302

    ******
    Neither Spanier nor the University's General Counsel, Cynthia Baldwin, briefed the Board of Trustees about the Grand Jury investigation of Sandusky or the potential risk to the University until the Board's meeting on May 11, 2011 and, then, only at the request of a Trustee who had read the March 31, 2011 article.

    After receiving a Trustee's request for more information about the Grand Jury investigation, Spanier emailed Baldwin noting that "[the Trustee] desires near total transparency. He will be uncomfortable and feel put off until he gets a report."

    At the May 2011 Board meeting, Spanier and Baldwin briefed the Board about the investigation, but minimized its seriousness by not fully describing the nature of the allegations or raising the issue of possible negative impact to the University.

    From March 31 - November 4, 2011, the Board did not make reasonable inquiry of Spanier or Baldwin about the Sandusky investigation or potential risks to the University. The Board did not take steps that might have protected the University, such as conducting an internal investigation, engaging experienced criminal counsel, or preparing for the possibility that the results of the Grand Jury investigation could have a negative impact on the University.

    Spanier and Baldwin opposed an independent investigation of the Sandusky issue, with Baldwin stating that "[i]f we do this, we will never get rid of this [outside investigative] group in some shape or form. The Board will then think that they should have such a group." Spanier agreed.

    80

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    7 of 7 references to Baldwin in the FR:

    E. Failure to Prohibit Sandusky's Access to University Facilities

    Despite Spanier's, Schultz's, Paterno's and Curley's knowledge of criminal investigations of Sandusky regarding child abuse as early as 1998, they failed to control Sandusky's access to the University's facilities and campuses.

    After news of the Sandusky investigation appeared in newspapers in March 2011, some members of the Athletic Department staff questioned Sandusky's continued access to athletic facilities.605

    Some members of the Athletics Department staff asked Penn State General Counsel Cynthia Baldwin if Sandusky could be restricted from the athletic facilities.606 607

    She told them that the University could not take his keys.608

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    Quote Originally Posted by Reader View Post
    7 of 7 references to Baldwin in the FR:

    E. Failure to Prohibit Sandusky's Access to University Facilities

    Despite Spanier's, Schultz's, Paterno's and Curley's knowledge of criminal investigations of Sandusky regarding child abuse as early as 1998, they failed to control Sandusky's access to the University's facilities and campuses.

    After news of the Sandusky investigation appeared in newspapers in March 2011, some members of the Athletic Department staff questioned Sandusky's continued access to athletic facilities.605

    Some members of the Athletics Department staff asked Penn State General Counsel Cynthia Baldwin if Sandusky could be restricted from the athletic facilities.606 607

    She told them that the University could not take his keys.608

    106
    In 3/11, there might have been a contractual problem. Same with 2001.


    What happened to former Centre County DA Ray Gricar?

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    Text of reply by Baldwin`s lawyer De Monaco:
    http://www.law.com/image/cc/BaldwinStatement.pdf

    Baldwin was officially replaced as General Counsel by Stephen Dunham who began work July 16th. About May 26th he was announced as the prospective replacement and at that time reports came out that Baldwin had hire DeMonaco.

    I wonder at what point where Baldwin was no longer covered by Penn State`s Officers`insurance.

    Summary article:
    http://www.law.com/jsp/cc/PubArticle...3042078&rss=cc

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    Quote Originally Posted by StellarsJay View Post
    Text of reply by Baldwin`s lawyer De Monaco:
    http://www.law.com/image/cc/BaldwinStatement.pdf

    Baldwin was officially replaced as General Counsel by Stephen Dunham who began work July 16th. About May 26th he was announced as the prospective replacement and at that time reports came out that Baldwin had hire DeMonaco.

    I wonder at what point where Baldwin was no longer covered by Penn State`s Officers`insurance.

    Summary article:
    http://www.law.com/jsp/cc/PubArticle...3042078&rss=cc
    First, as counsel, Baldwin might not be covered at all, by the Penn State policies. Second, I know that I carry private liability insurance for consulting. I would assume that Baldwin would carry it as well.

    Second, as a board member and chair, Baldwin should be covered by the Penn State policies during her term.


    What happened to former Centre County DA Ray Gricar?

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    JJ, that's interesting.
    "Second, as a board member and chair, Baldwin should be covered by the Penn State policies during her term."
    Does that mean that a person is covered while they are a Board member, or still covered for actions while they were a board mamber- eg if BM X would have been covered for something s/he did in 2005, and it surfaces now when X is no longer a Board member, is X still entitiled to coverage?

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    Quote Originally Posted by StellarsJay View Post
    JJ, that's interesting.
    "Second, as a board member and chair, Baldwin should be covered by the Penn State policies during her term."
    Does that mean that a person is covered while they are a Board member, or still covered for actions while they were a board mamber- eg if BM X would have been covered for something s/he did in 2005, and it surfaces now when X is no longer a Board member, is X still entitiled to coverage?
    I think so. Clinton was covered for the Jennifer Flowers suit under a policy that covered him as governor.


    What happened to former Centre County DA Ray Gricar?

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    good lord...
    IF I PUT IT HERE ITS MY OPINION. apparently i have no idea when i need to say that in a post, so this should cover it....IN MY OPINION anyways,

    welcome to the gates of hell JVDS.




    Jose Baez: “I sincerely believe that when we have finally spoken, everyone, and I mean everyone, will sit back and say, ‘Now, I understand. That explains it.’”



    Jose Baez to da judge :

    ".....that type of testing is unique. we requested that they be allowed to test items and that of course was objected to by the state and and uh the state uh granted or sustained their objection, denied our opportunity to have him test these items due to a very specialized field, subfield, of dna that he is one of the pioneers of uh in the alternative of we were granted the ability to test certain items by an outside lab...."

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    Quote Originally Posted by J. J. in Phila View Post
    I think so. Clinton was covered for the Jennifer Flowers suit under a policy that covered him as governor.
    he was also covered by co conspirator Sec of state H Clinton, plus the good ole boy network in arkansas.

    bill is really good at covering himself.
    IF I PUT IT HERE ITS MY OPINION. apparently i have no idea when i need to say that in a post, so this should cover it....IN MY OPINION anyways,

    welcome to the gates of hell JVDS.




    Jose Baez: “I sincerely believe that when we have finally spoken, everyone, and I mean everyone, will sit back and say, ‘Now, I understand. That explains it.’”



    Jose Baez to da judge :

    ".....that type of testing is unique. we requested that they be allowed to test items and that of course was objected to by the state and and uh the state uh granted or sustained their objection, denied our opportunity to have him test these items due to a very specialized field, subfield, of dna that he is one of the pioneers of uh in the alternative of we were granted the ability to test certain items by an outside lab...."

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    Quote Originally Posted by J. J. in Phila View Post
    In 3/11, there might have been a contractual problem. Same with 2001.
    Contractual problem? Were they afraid that Sandusky would sue them, knowing that the reason they took away the keys was to keep him from raping children? What a bunch of gutless wonders. Contractual problem.

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    Quote Originally Posted by Morag View Post
    Contractual problem? Were they afraid that Sandusky would sue them, knowing that the reason they took away the keys was to keep him from raping children? What a bunch of gutless wonders. Contractual problem.
    And the proof that they had was? After the fact, yes, he was assaulting boys. Baldwin couldn't prove that.


    What happened to former Centre County DA Ray Gricar?

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    There were some questions about Baldwin's actions. From the presentment, she apparently acted correctly, and gave Spanier correct advice, some of it in writing.

    She is a former State Supreme Court Justice and I would expect her to give powerful testimony. It is very clear that Spanier ignored her legal advice and refused to perform what amounted to fiduciary duties in informing the Board.


    What happened to former Centre County DA Ray Gricar?

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    Quote Originally Posted by J. J. in Phila View Post
    There were some questions about Baldwin's actions. From the presentment, she apparently acted correctly, and gave Spanier correct advice, some of it in writing.

    She is a former State Supreme Court Justice and I would expect her to give powerful testimony. It is very clear that Spanier ignored her legal advice and refused to perform what amounted to fiduciary duties in informing the Board.
    Do we know if Baldwin pled the fifth at all and was granted immunity? Or is there nothing self-incriminating in her testimony?

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    What is the difference between the laywer-client relationship of Cynthia Baldwin to Penn State (direct employee) and to Spanier; and Wendell Courtnay (arms length hired gun?) to Penn State and Spanier?
    I was wondering what Baldwins ethical obligations are re testifying to the GJ- does she have any direct obligation to keep Spanier's secrets or only to the institution? Has Courtenay had to testify about things like his consultation with Schultz? Was that lawyer-client privilege?
    I'm hoping the ongoing investigation is now on Second Mile and Courtnay's ambiguous role there.

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    Quote Originally Posted by BigCat View Post
    Do we know if Baldwin pled the fifth at all and was granted immunity? Or is there nothing self-incriminating in her testimony?
    I didn't see anything self incriminating. It looks like Baldwin advised Spanier properly (and, at points, in writing) and Spanier ignored her.

    While their conversations were privileged, Baldwin, in theory could disclose them to protect her own interests, if facing possible charges. I think that she could disclose information that would indicate that she was not involved in the conspiracy.

    I wonder if Courtney was called in this round.


    What happened to former Centre County DA Ray Gricar?

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    http://triblive.com/x/pittsburghtrib...#axzz2B7HHK4Fj
    "The federal subpoena for records was addressed to Penn State general counsel Cynthia Baldwin, a former Pennsylvania Supreme Court Justice and onetime Penn State trustee. Baldwin said she was permitted to accompany Schultz and Curley into state grand jury proceedings although she represented the university, not the men.
    A Penn State spokeswoman said federal prosecutors agreed to extend the original Feb. 29 deadline for the school to comply with the subpoena because of the broad scope of documents the university has to produce."

    Does anyone know the status of the federal case in regards to TSM and PSU?

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    http://www.inhouseblog.com/cynthia_baldwin-2/

    Louis Freeh’s 267-page report on the Jerry Sandusky sexual abuse scandal delivered a clear verdict on the counsel provided to Penn State by then-general counsel Cynthia Baldwin, labeling it “seriously deficient."

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    Quote Originally Posted by Twindad View Post
    http://www.inhouseblog.com/cynthia_baldwin-2/

    Louis Freeh’s 267-page report on the Jerry Sandusky sexual abuse scandal delivered a clear verdict on the counsel provided to Penn State by then-general counsel Cynthia Baldwin, labeling it “seriously deficient."
    They may not have access to her. She was probably limited about what she could say to them. ethically.


    What happened to former Centre County DA Ray Gricar?

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    I think Curley and Schultz have a right to feel betrayed unless Baldwin can show that she told them precisely beforehand that she wasn't acting for them when she went in with them. Didn't she say a confusing "you can get your own lawyer [if you want to]" not a clear "you should" or "if you want a lawyer you will need to find your own". Not likely a mistake; as an ex-judge she shouldn't have a woman-speech problem of suggesting things too softly, but if Spanier ordered her to go then she manipulated her way in.

    "Yesterday, Roberto filed a motion to dismiss the charges against her client based on Baldwin's appearance of a conflict of interest. “We were stunned. We were flabbergasted that she would have testified against our clients at a – I assume – as the grand jury after representing them before the grand jury.”
    Hmph. They knew it was coming.

    Gary Schultz's attorney, Tom Farrell, also had something to say about Baldwin's involvement in this case. “The charges are wrong. They are false. And now the newest charges are based on the testimony of a person who has betrayed her clients and her profession and testified falsely.”
    http://www.whptv.com/news/local/stor...N_FO__mAg.cspx

    She was taking orders from Spanier, but she worked for Penn. If she was told by present-day Penn to make full disclosure that should trump specific personal obligations.

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    Apparently, at least some of Baldwin's advice was in writing. I'm going to bet that she doesn't have a problem.


    What happened to former Centre County DA Ray Gricar?

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    I can give one verified example. Spanier was told by the judge presiding over the grand jury that he could openly discuss his testimony. Baldwin also told him this in writing.

    Spanier, after dismissing Baldwin from the Board meeting, told the Board that he couldn't discuss it because of the GJ secrecy. He was still claiming this in November of 2011, after the presentment was published.

    It is in the presentment pp. 26-7.

    Spanier would be well advised to take a plea or expect to see a lot more of Ole Jer.


    What happened to former Centre County DA Ray Gricar?

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