If three ex-Penn State administrators facing charges stemming from failing to properly deal with reports of child sexual abuse by Jerry Sandusky are found to have appeared before a grand jury without proper advice of counsel, their testimony could be incurably affected and even tossed, several white-collar defense attorneys have said.
Although the attorneys who spoke with the Law Weekly noted that they are not familiar enough with the specifics of the case to say exactly what is likely to occur, several said that if a court determines that the defendants believed they were appearing under the advisement of counsel, when in fact the attorney only represented the university, the testimony could potentially be inadmissible for cross-examination and could even be thrown out as a violation of their due process rights.
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