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Can Cynthia Baldwin, the former general counsel of Penn State University, testify against two former Penn State officials in upcoming criminal proceedings? That’s the question before a Dauphin County, Pennsylvania, judge as former PSU senior vice president Gary Schultz and athletic director Tim Curley, who’s on leave from the university, prepare their defense against charges stemming from the Jerry Sandusky sexual abuse scandal. Last week, attorneys for Curley and Schultz filed their second motion in a month related to Baldwin’s counsel and the cases being brought against them by the Pennsylvania Attorney General. This latest filing seeks to bar Baldwin’s testimony from a preliminary hearing scheduled for next month on new charges of conspiracy, endangering the welfare of children, and obstruction of justice. Curley and Schultz have also faced charges of perjury and failure to report suspected child abuse since November 2011. They are scheduled for trial in January. In the latest set of papers, filed last Tuesday, defense attorneys argue that testimony by Baldwin would violate Curley and Schultz’s attorney-client privilege with the ex-GC, who left Penn State in June, having established the school’s first in-house legal department in 2010. Curley and Schultz’s lawyers argue that Baldwin acted as their attorney during a grand jury investigation into allegations that Sandusky molested children on Penn State’s campus. “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,” the defense attorneys stated in the motion, according to the Associated Press.

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