Apr 01, 2014 02:38 PM EDT By Russell Westerholm, UniversityHerald Reporter

Former Penn State President Graham Spanier has filed a federal lawsuit aiming to stop the prosecution against him for his alleged cover-up of Jerry Sandusky's crimes.

According to the Associated Press, Spanier's lawyers filed the complaint in federal court Monday accusing the case against their client violates his constitutional right to due process. Spanier and two other former Penn State administrators are currently awaiting trial for allegedly not reporting Sandusky to the police despite knowing he was molesting young boys on campus.

CLICK HERE to read the lawsuit in full.

Spanier, former vice president Gary Schultz and former athletic director Tim Curley are currently waiting for a judge to rule on whether or not their right to legal representation was violated by Penn State counselor Cynthia Baldwin. The three former Penn State leaders face charges of perjury, obstruction, failure to report suspected child abuse, conspiracy and endangering the welfare of children.

Spanier's lawyers say in the complaint that Baldwin led their client to believe she represented him in an Oct. 2011 Grand Jury appearance. Baldwin told the jury she represented Penn State alone, but Frank Fina, a former state prosecutor, did not correct Spanier when he identified Baldwin as his lawyer. The new suit also claims Baldwin spoke in that hearing as if she were Spanier's lawyer.

A year later, Baldwin was questioned in front of a grand jury about conversations she had with Spanier for how she advised "him about the grand jury and its investigation."

"On information and belief, Fina never went back to (the judge) for a ruling on Baldwin's attorney-client relationship with Spanier, Curley and Schultz and whether it was legally permissible for Fina to question Baldwin about her communications with Spanier," Spanier's lawyers wrote.

Neither Fina nor Baldwin responded for comment. Spanier, Schultz and Curley are awaiting trial in Dauphin County in Harrisburg, Penn.

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