Cynthia Baldwin – Penn State’s Invisible General Counsel.

Who is Cynthia Baldwin?

Why hasn’t she been disbarred?

What does the Freeh Report disclose about her role?

On January 22, 2010, Cynthia Baldwin – a former Chairman of the Board of the Penn State Board of Trustees, and a former Justice of the Pennsylvania Supreme Court, was named as Penn State’s first General Counsel.

baldwon

Prior to Baldwin’s appointment, Penn State relied on the local Law Firm of McQuaide Blasko for their legal counsel and advice.
But, the decision was made in late 2009 that Penn State should establish an “in house” legal department.

Baldwin was in charge of Penn State’s General Counsel Office from its inception, until she stepped down on January 16, 2012.

At least TWELVE times Cynthia Baldwin was called on to provide her report to the Penn State Board of Trustees.

And she NEVER mentioned one word about the raging Sandusky Scandal that was being stoked in Harrisburg….

Even though she was directly, substantively, and intimately involved in it

Her reports on the Sandusky investigation and Grand Juries, in their entirety?

“There are no pending legal issues.”

three monkeys   lady justice

Which of these represents Baldwin’s version of the Justice Statue?

 

 

During her tenure, the entire “Jerry Sandusky” investigation and the Grand Jury adventures were unfolding down in Harrisburg….. along with the fallout in the aftermath of the indictments of Jerry Sandusky, Tim Curley, and Gary Schultz.

 

Perhaps the best summary and timeline of the legal actions – INVOLVING PENN STATE – were provided by the Moulton Report….. and are summarized here (courtesy of JimmyW):

https://jmmyw.wordpress.com/timeline-moulton/

 

 

Throughout her tenure – as Penn State’s General Counsel – Baldwin was responsible for running point on all of Penn State’s legal issues…. and providing information, insight,  and advice to the Penn State Board of Trustees.

According to Baldwin, her role included:

Coordinate and Monitor Legal Actions
and
Provide Advice to University Trustees and Administration

We know that Baldwin met with both Joe Paterno and Tim Curley to discuss the “Boy in the Shower” incident….. in early January 2011.

We know that Grand Jury activity during her tenure included:
The compelled testimony of numerous Penn State officials – including President Graham Spanier, Athletic Director Tim Curley, Senior VP Gary Schultz, Head Football Coach Joe Paterno, Staff Member Michael McQueary, and others.

And we know that Baldwin was running point – and handling the various subpoenas – for all of it.

 

What was the “Insight and Advice” that Cynthia Baldwin supplied to the Penn State Board of Trustees?

“NOTHING TO REPORT”

 


What follows is EVERY report (in its entirety) from Cynthia Baldwin to the Penn State Board of Trustees, during her years running the office – as transcribed in the official approved minutes from those meetings……

During this time we know Baldwin directly handled multiple subpoenas:
For Penn State documents and records, as well as for the Grand Jury appearances of  Graham Spanier, Tim Curley, Joe Paterno, Gary Schultz, Michael McQueary, and other Penn State employees – including multiple Penn State Law Enforcement officials.

05/10 Board of Trustees Meeting Report:
Pending Legal Matters

“Vice President and General Counsel Cynthia Baldwin noted there were no pending legal matters.”

wait what.png

Keep in mind – by this time Baldwin had already received subpoenas for – and turned over – documents regarding Sandusky’s personnel files.

 


07/10 Board of Trustees Meeting Report:

Pending Legal Matters

“Vice President and General Counsel Cynthia Baldwin provided information regarding the staff of the Office of General Counsel including: Amy McCall, Assistant General Counsel; R. Mark Faulkner, Associate General Counsel (located at The Milton S. Hershey Medical Center); and Karen Hine, Paralegal.
Vice President and General Counsel also advised that the Supreme Court of the United States had ruled in the case of Christian Legal Society Chapter of the University of California, Hastings College of the Law v. Leo P. Martinez, et al. In a 5-4 decision, the court upheld the District Court’s decision that public institution can refuse official recognition to organizations that do not comply with open membership or anti-discrimination policy.”

09/10 Board of Trustees Meeting Report:
Legal Matters

“Vice President and General Counsel Cynthia Baldwin introduced Amy McCall, Assistant General Counsel.
Further, she reported that a cease and desist letter was sent to Ultrinsic Motivator, Inc. on August 24, 2010. Ultrinsic Motivator, Inc. has a website which purports to offer students an opportunity to place wagers on their future grades. Participating students are required to agree to the terms of use. Part of that agreement is giving Ultrinsic Motivator, Inc. the user ID and Password to their personal account at Penn State. This is a violation of Penn State policy and endangers the student by giving a stranger access to their personal information.”

11/10 Board of Trustees Meeting Report:
Legal Matters

“Vice President and General Counsel Cynthia Baldwin had no items to report.”



waitAt this time:

Michael McQueary has been testifying to the Grand Jury…. and Baldwin has been served with a subpoena for records relating to Sandusky and “inappropriate contact with underage males.”

And her only reports are on personnel hires in her department – and issues of potential ID theft for PSU Students?

 

01/11 Board of Trustees Meeting Report:
Legal Matters

“Vice President and General Counsel Cynthia A. Baldwin had no items to report”

03/11 Board of Trustees Meeting Report:
Legal Matters

“Vice President and General Counsel Cynthia A. Baldwin presented information on a proposed rule being considered by the Securities and Exchange Commission (SEC) that would expand the definition of a municipal advisor under the recently approved Dodd-Frank Wall Street Reform Act in proposed rule 15a1-1(d). The proposed definition would impact those trustees who are appointed to the Board of Trustees and require that they register as municipal advisors with the SEC; it would not impact those trustees who are elected or ex officio members. It would also impact trustees and employees of private non-profit and institutionally related foundations as they discuss municipal financial products at board meetings and authorize institutional participation in municipal securities offerings. The proposed definition is clearly inconsistent with the historic definition of a municipal advisor and, if the rule is advanced as currently framed, it would have a detrimental effect on the ability to recruit and appoint board members of public and private institutions and institution-related foundations. Penn State joined with the other state-related universities in Pennsylvania-Temple, Pitt, and Lincoln-in submitting comments to the proposed rules. The Association of Governing Boards of Universities and Colleges and the American Council on Education also provided comment. Copies of the comments were distributed for the information of the Board of Trustees. Additional information will be shared when available”

05/11 Board of Trustees Meeting Report:
Legal Matters

“Vice President and General Counsel Cynthia Baldwin noted there were no pending legal matters”

07/11 Board of Trustees Meeting Report:
Legal Matters

“Vice President and General Counsel Cynthia Baldwin provided information regarding the lawsuit instituted by Austin Scott. The University’s motion for summary judgement was granted by the District Court. It is noted however, that Mr. Scott can appeal the decision and there is also a State Court claim remaining, if he chooses to pursue it. The University will not comment further on this lawsuit until its completion.”

09/11 Board of Trustees Meeting Report:
Legal Matters

Associate General Counsel Mark Faulkner noted that there were no pending legal matters.

still waiting
Baldwin has turned over the Penn State Police Report on the 1998 incident, and handled numerous subpoenas for Penn State employees.
Published stories on the Grand Jury have appeared in the Harrisburg Patriot and the Centre Daily Times.

And Baldwin reports that there is “Nothing to report”?


11/11/11 Board of Trustees Meeting Report:

No report.

 

And then, this gem, from AFTER the Tsunami of November 2011:

03/12 Board of Trustees Meeting Report:
Legal Matters

Vice President and General Counsel Cynthia A. Baldwin noted there were no pending legal matters.

 

 

 

Oh, and that “Freeh Report” Review…… which was going to “Let the Sunshine In”, and reveal the “Truth”?

Yeah, about that……  915 Days since those files were given to the Penn State Trustees.

In 915 days, we have heard 0 words from any of them regarding the content and the substance of the “Freeh File” – including Cynthia Baldwin’s role therein.

Shocking.

 

 

Posted by Barry Fenchak on Monday, May 22, 2017

 

 

 

 

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