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Prosecutors appeal after Spanier’s conviction thrown out

Pennsylvania prosecutors want an appeals court to overturn a judge's decision to throw out the misdemeanor child endangerment conviction of former Pennsylvania State University President Graham B. Spanier.

Former Pennsylvania State University president Graham B. Spanier. ( Bradley C Bower / AP Photo )
Former Pennsylvania State University president Graham B. Spanier. ( Bradley C Bower / AP Photo )Read more

HARRISBURG — Pennsylvania prosecutors want an appeals court to overturn a judge’s decision to throw out the misdemeanor child endangerment conviction of former Pennsylvania State University president Graham B. Spanier.

Attorney General Josh Shapiro announced Wednesday that a notice of appeal was filed with the U.S. Court of Appeals for the Third Circuit.

A federal magistrate judge on April 30 gave prosecutors three months to retry Spanier under a version of the law in place in 2001.

That’s when Spanier was involved in responding to a complaint about Jerry Sandusky showering with a boy. Sandusky, an assistant football coach, was convicted of child molestation in 2012.

Spanier's defense attorney Sam Silver declined comment.

The judge ruled one day before the 70-year-old Spanier had been due to begin serving a minimum sentence of two months, followed by two months of house arrest.