NCAA

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.

Villanova stays at No. 5 in AP poll; Temple receives votes

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Villanova stays at No. 5 in AP poll; Temple receives votes

A week where Villanova barely had to break a sweat has Jay Wright and his Wildcats holding steady in the latest AP poll.

After making quick work of Nicholls St. on Tuesday and then Lafayette Friday evening in Allentown, the 'Cats are the No. 5 team in the land for the second straight week. They moved up from No. 6 last week after leapfrogging now-No.8 Kentucky.

There's an excellent chance things are going to get much trickier for the Wildcats this week as they head to the Bahamas for the Battle 4 Atlantis tournament, which starts Wednesday vs. Western Kentucky. But a potential second-round matchup with No. 18 Purdue looms Thursday, as does a potential championship showdown of titanic proportions with No. 2 Arizona on Friday.

But the 'Cats aren't the only team with some AP poll notoriety this week.

Fran Dunphy's 3-0 Temple team received four votes this week after capturing the Charleston Classic crown. The Owls earned the honors with victories over Old Dominion, Auburn and Clemson.

The Owls next game is their first of the season in the Big 5 as they'll travel to Olney to face La Salle on Sunday. The Owls and Wildcats will meet in North Philly on Dec. 13.

Duke was again No. 1 in this week's poll. Arizona leaped to No. 2, Kansas held its ground at No. 3 and Michigan State slipped to No. 4 before Villanova rounded out the top 5. 

Tons at stake as Temple hosts unbeaten UCF; Penn, Villanova wrap up

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Tons at stake as Temple hosts unbeaten UCF; Penn, Villanova wrap up

Temple (5-5, 3-3 AAC) vs. No. 15 UCF (9-0, 6-0 AAC)
Lincoln Financial Field
Saturday, noon, ESPNU

Last time out
Temple beat Cincinnati, 35-24, last Friday.

UCF beat UConn, 49-24, last Saturday.

Scouting report
Both teams have a lot at stake in Saturday’s game. An Owls win would make them bowl eligible and give them a victory against a high-ranked opponent, which would certainly help when it comes time for bowl selection. On the other hand, UCF will look to preserve its perfect season and stay atop the AAC's East Division with a crucial matchup against 8-1 South Florida looming.

Frank Nutile, who will make his fourth consecutive start at quarterback, has sparked Temple’s offense. Since he stepped in, he has completed 61 of 89 passes for 803 yards, six touchdowns and just two interceptions, and led the Owls to two wins. He will need to continue his stellar play for Temple to beat UCF, which boasts the second-best total and scoring defense in the AAC, allowing 371 yards per game and 20.7 points per game.

The Knights also have the best total offense in the conference, putting up 538 yards per game and 48.6 points per game, which is more than six points better than the second-best team. The Owls must keep UCF quarterback McKenzie Milton (2,720 yards, 22 touchdowns, five interceptions) and the Knights' rushing attack, which averages 210.2 yards per game, in check if they want a chance at the upset.

Series history
The series is tied at 2-2 and Temple has won the past two matchups, including a 26-25 come-from-behind win last year.

What's next?
Temple travels to play Tulsa next Saturday.

UCF hosts No. 23 South Florida on Friday night.

Penn (5-4, 3-3 Ivy) vs. Cornell (3-6, 3-3 Ivy)
Franklin Field
Saturday, 1:30 p.m.


Last time out
Penn defeated Harvard, 23-6, last Saturday.

Cornell lost to Columbia, 18-8, last Saturday.

Scouting report
Penn has won its last three Ivy League contests and has gained a lot of momentum after losing its first three Ivy League games this season. Cornell shouldn’t pose much of a challenge to the Quakers since the Big Red are second worst in the conference in scoring offense, total offense and pass efficiency. The Quakers’ strength is their rushing attack, as they average 192 yards per game on the ground. Cornell’s rush defense is sixth in the conference, so look for the Quakers to take advantage of this matchup.

Series history
This is the 124th meeting between the teams. The Quakers hold a 72-46-5 advantage and won, 42-20, last season. 

What's next?
This is the final game of the season for both teams.

Villanova (4-6, 2-5 CAA) vs. Delaware (7-3, 5-2 CAA)
Villanova Stadium, Villanova, Pennsylvania 
Saturday, 1 p.m.


Last time out
Villanova lost to Rhode Island, 20-6, last Saturday.

Delaware beat Albany, 22-3, last Saturday.

Scouting report
What stands out about this regular-season finale are the defenses for Delaware and Villanova. Delaware’s scoring defense is second to James Madison as the Blue Hens allow just 15.7 points per game. The Wildcats’ specialty on the defensive side of the football is their run defense. Villanova allows only 72 yards per game on the ground and will look to slow down a Delaware rushing attack that averages 200 yards per game. Also to note, the Blue Hens come in fighting for a berth in the FCS playoffs.

Series history
Villanova leads the series 28-21-1. The Wildcats won, 41-10, last season.

What's next?
This is the regular-season finale for both Villanova and Delaware. For the second time in the last three seasons, the Wildcats won't make the FCS playoffs.