Jay's tweet seems to align with what he said during the talk show after his book was released. I think he said in response to a question of whether Joe knew about 1998, that there were 5 people who stated he did not know.[/QUOTE]
Ha - Fina is the pink elephant!
Fina, anticipating attorney-client issues down the road, has said he was willing to take that risk to get Baldwin's testimony on the record because he was convinced of the rightness of his position, Kittredge noted.
But Pennsylvania's rules of professional conduct for attorneys say "we're not going to take a risk (with something as close to the heart of the legal system as attorney-client privilege) until a judge.., with an opportunity to hear from both sides, determines that question," Kittredge told the board.
"We cannot have a system where our clients are going to have to worry that some day we (their lawyers) are going to turn against them," Kittredge continued. "And we don't."
Fina's attorney Joe McGettigan, in an emotional close of his own, stressed that the question to let Baldwin testify was in fact sanctioned by Feudale prior to, and by
Dauphin County Judge Todd Hoover after, the event.
McGettigan also asked the panel to remember that Fina and his team were uncovering what would come to be called a "conspiracy of silence" at Penn State only through the course of the investigation.
Baldwin, a dedicated Penn Stater who knew Spanier, Curley and Schultz as a former Alumni Association president, a former trustee and finally, as a peer in senior leadership, unwittingly became a tool in that conspiracy.
"They viewed Justice Baldwin as a perfect vehicle," McGettigan said. "She was very loyal to the university. She was very loyal to them, as people... And they played on that."
McGettigan argued the PSU administrators, through proxies who filed this complaint, are still playing the Baldwin card, having claimed she was their personal lawyer only after the publicly-issued Freeh Report exposed emails, notes and billing records that put their knowledge of the Sandusky situation in a new light.
The complaint against Fina was based, in part, on complaints from two PSU alums, Wendy Silverwood and Janet Kudravetz.
Both have long been active in groups who believe the university's Paterno Era and several of its key figures were unfairly offered up as sacrificial lambs in the Sandusky case by those desperate to turn the page and "move on."
Fina and Baldwin have been frequent targets of those groups because of their central roles in the Penn State cover-up narrative.
Even if the panelists conclude Baldwin owed a duty of confidentiality to Spanier, Curley and Schultz, McGettigan argued, it would be rendered null and void by their participation in that cover-up.
As Fina's expert witness, former Pennsylvania Supreme Court Chief Justice Ron Castille put it, "you can't lie to your lawyer and expect your lawyer to be your counsel... It's as simple as that, and that's what they tried to do."