Spanier's lawyers filed a complaint in federal court in Harrisburg that said his case was undertaken in bad faith and that it violates his constitutional right to due process of law.
A spokesman for the defendant, Attorney General Kathleen Kane, said the office was reviewing the lawsuit but had no immediate comment.
|Spanier with Coach Paterno|
Spanier awaits trial in Dauphin County court in Harrisburg, along with two of his former employees at Penn State: retired vice president Gary Schultz and retired athletic director Tim Curley.
In that case, all three defendants are waiting for a decision by the trial judge regarding claims that their right to legal representation was violated by the actions of former Penn State general counsel Cynthia Baldwin.
Baldwin's actions, and decisions by Frank Fina, a former state prosecutor, figured prominently in the 15-page complaint for injunctive relief filed by Spanier, who faces charges of perjury, obstruction, failure to report suspected child abuse, conspiracy and endangering the welfare of children.
Spanier's lawyers argued that when Fina subpoenaed Spanier to appear before a grand jury, Fina "had no evidentiary basis to believe that Spanier was criminally culpable or that Spanier had information that would further the investigation."
That's what you call a technicality, folks. It's like the police searching your home and finding a ton of crack cocaine. If they didn't have a warrant, the evidence is inadmissible in a court of law. Note that Spanier is not professing his innocence, only that his rights were violated. So were the many victims of Jerry Sandusky and he did nothing to stop it. I expect he will get off.
Fina did not respond to a voicemail left seeking comment on Monday.