Wednesday, April 26

Puzzling Plea Deals

The guilty pleas of Tim Curley and Gary Schultz do not provide evidence that they knowingly endangered the welfare of a child

Ray Blehar

April 26, 2017, 1:59 PM, EDT

Courtroom observers at the trial of  Dr. Graham Spanier noted that Commonwealth’s witnesses Timothy Curley and Gary Schultz appeared puzzled and at a loss for words to describe what they were guilty of when questioned by defense attorney Sam Silver.

There was a very good reason for their puzzlement because their guilty pleas did not comport with violating the child endangerment statute

Here are the relevant parts of their agreements.

Thursday, April 13

Has Fina reported Eshbach yet?

When Frank Fina got wind of grand jury leaks -- that didn't come from him -- he immediately called on a judge to investigate the matter.

Ray Blehar

April 14, 2017, 12:14 AM EDT
The recent revelations by Mike McQueary that Jonelle Eshbach tipped him that the Sandusky charges were about to be leaked must pose a moral dilemma for Frank Fina.

Back in 2014, Fina wrote a letter to Judge William Carpenter after he learned that Philadelphia Daily News reporter Chris Brennan was in possession of (alleged) grand jury information.

Fina wrote:

" individuals who continue to be sworn to secrecy before the grand jury in question, we have an obligation to disclose this apparent breach of secrecy to the Supervising Judge."

Judge Carpenter happened to be supervising judge of all Pennsylvania grand juries and later assigned a special prosecutor and grand jury to investigate Kane.

Monday, April 10

Law & Evidence Favored the PSU 3

PSU officials could have won their cases had their attorneys stood by Schultz's testimony, the letter of the law, and a few other pieces of evidence

Ray Blehar

April 10, 2017, 10:06 PM EDT

Had former Penn State University officials, Timothy Curley and Gary Schultz not made plea agreements, it is very possible that the PSU 3 could have walked out of Dauphin County Courthouse unscathed.

For that to have happened, Gary Schultz would have taken the stand and stated that he made a report to Centre County Children and Youth Services (CC CYS) in 2001.  Given that the men were being tried together, his testimony would have cleared everyone.

Law & the evidence were on Schultz's side

The law and the evidence were on his and PSU's side -- and there was little chance of the Commonwealth producing evidence to convict any of them.

Schultz: PSU Reported 2001 Incident to CYS

Gary Schultz made numerous statements indicating he believed Centre County CYS was contacted about the 2001 incident - nothing at Spanier's trial changed that

Ray Blehar

April 10, 2017, 9:23 PM, EDT

Here is an excerpt from Gary Schultz's January 12, 2011 pre-grand jury interview memorializing that he believed a report was made to CYS:

When Schultz testified to the grand jury later that day, he repeatedly recalled that a report was made to “the child protective agency” in 2002 (sic).   The 1998 University Park police report confirms that Detective Ronald Schreffler contacted Centre County Children and Youth Services to "look into the matter."

Starting at page 212:

Sunday, April 9

The Leak That Wasn’t

Eshbach believed McQueary would be engulfed by a firestorm by Friday evening – but didn’t know technology would delay it by a day.

Ray Blehar 

April 9, 2017, 8:57 AM EDT 

When former OAG prosecutor Jonelle Eshbach called Mike McQueary on November 4th, 2011 to warn him about an impending leak of grand jury information, she likely believed he was about to be engulfed in a firestorm.

The world was going to find out that a former, stud college quarterback was the world’s biggest coward.

The draft Sandusky grand jury presentment detailing the horrific allegations against the founder of The Second Mile was going to go live on a public web-site – or at least that was the thinking.

Except that it didn’t happen.

Thursday, April 6

Caught In Their Own Trap

Eshbach and Fina set a trap to identify the OAG leakers and it worked.

Ray Blehar  

April 6, 2017, 9:30 PM, EDT

Former OAG prosecutor Jonelle Eshbach testified that she consulted with her then supervisor, Frank Fina, to set a trap to find out who was leaking information to former Harrisburg Patriot News reporter Sara Ganim.

She then told the court, “no one took the bait.”

Of course no one did. 

But the “trap” worked.

Tuesday, April 4

Cipriano/Big Trial: McQueary Blows Whistle On AG's Office


Showers And Leaks: Mike McQueary Blows The Whistle On AG's Office

Alex Brandon/AP
By Ralph Cipriano

At the Graham Spanier trial last month, Mike McQueary, the alleged whistleblower in the Penn State sex abuse case, made a surprising disclosure from the witness stand that backfired on the prosecutors who had called him to testify.

On March 21st, Deputy Attorney General Laura Ditka asked McQueary when he first heard that Jerry Sandusky was going to get arrested. Sandusky is the retired coach that McQueary allegedly saw in the Penn State showers naked with a boy.

It was during a bye week in the 2011 football season, McQueary told Ditka.

"I was on my way to Boston for recruiting and I was going from the F terminal over to the B terminals over in Philadelphia Airport," McQueary said. "And there was one of those little trams. The AGs called," he said, referring to the state attorney general's office. And the AGs, according to McQueary, "said we're going to arrest folks and we are going to leak it out."


Fina Perjury?

It appears that former OAG Prosecutor Frank Fina lied under oath when asked about the leaking of the Sandusky charges/presentment.

Ray Blehar  
h/t Gsindy

April 4, 2017, 7:38 PM, EDT

At Jerry Sandusky's PCRA hearing on August 23, 2016, former OAG prosecutor Frank Fina blamed the leak of the Sandusky charges and presentment on Centre County District Judge Leslie Dutchcot's office.

Given Mike McQueary's revelation that Jonelle Eshbach was behind the leak, it appears that Fina lied under oath.

Tuesday, March 28

Cipriano/ Special Agent Blows Up Case


Special Agent Who Investigated Spanier Blows Up Case

By Ralph Cipriano

What if everything you thought you knew about the so-called Penn State sex abuse scandal wasn't true?
FIS Special Agent John Snedden
What if that infamous locker room incident that Mike McQueary supposedly witnessed 16 years ago -- featuring a naked Jerry Sandusky showering with an underage boy -- had nothing to do with sex? And what if the only two officials at PSU who ever spoke directly to former PSU President Graham Spanier about that incident really did describe it as just "horseplay" and not sex?

And what if the guy advancing this contrarian story line was not some crackpot conspiracy theorist, but a decorated U.S. special agent? A guy who had already done a top-secret federal investigation five years ago into the so-called Penn State scandal but nobody knew about it until now?

There would be no pedophilia scandal at Penn State to cover up. And no trio of top PSU officials to convict of child endangerment. The whole lurid saga starring a naked  Jerry Sandusky sexually abusing little boys in the shower would be fake news. A hoax foisted on the public by an unholy trio of overzealous prosecutors, gullible reporters, and greedy plaintiff's lawyers.

Sunday, March 26

McQueary Truthbomb: Another Version of 2001 Story Uncovered

Mike McQueary Bombshell: Original 2010 police statement reveals another version of his story and the OAG's "Rudy" ruse.

Eileen Morgan


In my July 2015 article, I put forth strong evidence of the theory that former PSU attorney Cynthia Baldwin had retrieved Gary Schultz’s ‘secret’ Sandusky file (that he actually informed her about) and submitted a copy of the file to the Pennsylvania Office of Attorney General (OAG) in early January 2011 behind her client’s back, breaching attorney-client privilege. 

At that time Baldwin was representing Penn State’s Gary Schultz, Tim Curley, and Joe Paterno (who soon hired outside counsel) who were being questioned in the Jerry Sandusky investigation about a 2001 incident that was reported to them by Mike McQueary.

The article, if true, lays out a strong case of malpractice by Baldwin and exposes many lies of the state actors relating to the 2001 incident where McQueary walked in on Sandusky and a boy showering at night in the Lasch Building. 

Gary Schultz testified that he told Baldwin that he may have a file in his old office at Penn State and that it would help him to jog his memory if he could look at it. (We later learn the file was indeed right where he told her it was.) She told him that would not be necessary and that he should not retrieve the file or refresh his memory. 

Looking at the evidence produced in my article, it certainly appears that Baldwin retrieved the file, made a copy and gave that copy to the OAG.  At this point it seems the PSU men were no longer being looked at to help prosecute Sandusky but rather be prosecuted themselves.

If Baldwin did give Schultz’s file to the OAG then they had the approximate date of the 2001 incident: February 12, 2001.  And they definitely knew the year.

The file included communications, notes, and emails regarding the 2001 incident that was reported by McQueary to Joe Paterno. Paterno then reported it to Tim Curley and Gary Schultz, and the latter two in turn reported it to Graham Spanier. Looking at the notes, out of context, the OAG felt the PSU men may have failed to report or even covered up the 2001 incident.  The OAG was now not only investigating Sandusky but Schultz, Curley, Paterno, and Spanier as well.