PITTSBURGH (KDKA) — Pennsylvania’s Attorney General is announcing that he plans to appeal a judge’s decision regarding former Penn State president Graham Spanier.

On Tuesday, a federal judge threw out Spanier’s child endangerment conviction, which related to the Jerry Sandusky scandal.

Spanier had been scheduled to report to jail today.

He was convicted in March of 2017.

Attorney General Josh Shapiro claims that the federal court exceeded its power by acting in a state case.

In a press release, Shapiro said:

“Graham Spanier, as President of Penn State University, was personally advised that children were being sexually abused on school property. Evidence proved he chose not to help the children, but instead to cover up the abuse, despite being well aware of his responsibility as a supervisor.

“In a last-minute and highly unusual decision yesterday evening, a federal magistrate set Spanier free just before he was finally about to begin serving his deserved sentence. Federal courts have very limited power to act in state criminal proceedings, and this ruling plainly exceeded that power.

“As the Pennsylvania Supreme Court has made crystal clear, Spanier’s conduct was illegal. The Office of Attorney General will quickly appeal this ruling to hold him accountable for his conduct covering up child sexual abuse. No one is above the law.”

The 70-year-old Spanier was forced out as president shortly after Sandusky’s 2011 arrest.

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