Story highlights

Ex-Penn State University officials Gary Schultz and Tim Curley seek dismissal of charges

State's high court denies request, saying they can raise the issue in their defense

They claim a school attorney misrepresented them before a grand jury

They are accused of covering up sex abuse against children by Jerry Sandusky

CNN  — 

The Pennsylvania Supreme Court denied petitions by ex-Penn State University officials Gary Schultz and Tim Curley to have charges against them thrown out in the Jerry Sandusky abuse case, according to court documents released Friday.

Curley was the Penn State University athletic director and Schultz was the school’s vice president. They are charged with conspiring to cover up years of sexual abuse of children by former football coach Jerry Sandusky.

The two men argued that Penn State’s then-chief legal officer misrepresented them before a statewide investigative grand jury, but the court ruled Schultz and Curley can raise the issue during their defense.

The two former officials said Cynthia Baldwin, then the chief legal officer and vice-president, violated the attorney-client privilege when she provided information against them before the grand jury.

The two men each face the same eight counts related to the Sandusky scandal, including perjury, conspiracy and endangering the welfare of children, authorities said.

Also facing the eight charges in the Penn State case is ex-President Graham Spanier.

Sandusky, 68, was convicted in June 2012 on 45 counts of child sex abuse, ranging from corruption of minors to involuntary deviate sexual intercourse. He was sentenced to 30 to 60 years in prison.

In Session’s Jessica Thill contributed to this report.