Lawyers for athletic director Tim Curley, who is currently on leave, and former senior vice president for finance and business Gary Schultz filed a motion claiming that any testimony by Cynthia Baldwin – a former state Supreme Court justice - will violate attorney-client privilege.
The web site PennLive reports that Ms Baldwin will be a key witness in the 13 December hearing, as her role has already been controversial. Ms Baldwin’s co-operation with prosecutors reportedly led to allegations that Mr Curley and Mr Schultz tried to block compliance with investigative subpoenas, and ‘extensively discussed’ their grand jury testimony with former Penn State President Graham Spanier.

Absence of waiver

However, Corporate Counsel magazine reports that in its motion, the defence argued: ‘In the absence of a waiver by the client, an attorney is barred from testifying, in a criminal matter, regarding statements that the client made to the attorney in confidence.’
Mr Curley and Mr Schultz also face charges of perjury and failure to report suspected child abuse, with their trials scheduled for January.
Sandusky, who had worked closely with legendary Penn State football coach Joe Paterno -- who died last January after having been sacked for allegedly concealing facts relating to the case -- was convicted in June of molesting 10 boys between 1994 and 2008. He is serving a minimum 30-year prison term.