Pennsylvania Attorney General Josh Shapiro has appealed a federal court’s decision to overturn the child endangerment conviction of former Penn State president Graham Spanier.
Shapiro’s office filed a notice of appeal to the U.S. Court of Appeals for the Third Circuit on Wednesday afternoon.
In late April, U.S. Magistrate Judge Karoline Mehalchick of the Middle District of Pennsylvania vacated Spanier’s conviction, finding that it was based on a statute that did not go into effect until six years after the conduct for which he was convicted occurred. The 42-page opinion directed prosecutors to retry Spanier within 90 days.
Spanier was convicted by a Dauphin County jury in March 2017 on a single count of endangering the welfare of a child. Prosecutors alleged he failed to take proper action to prevent convicted serial child molester Jerry Sandusky from abusing children.
Read the OAG’s one-page notice of appeal below: