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.

by
Eileen Morgan


THEORY: BALDWIN HANDS OVER SCHULTZ FILE
IN JANUARY 2011

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.

The current date at the time of this apparent file transfer from Baldwin to the OAG was early January 2011.  The real date posed a problem because the OAG could not make it fit under the existing statute of limitations in 2001.  However, a 2002 date could be made to fit under a 2006 amendment to the statute that was enacted in 2007.

At this point, McQueary was not sure if the incident happened in 2001 or 2002. This was golden for the OAG.  Even though the notes clearly showed the exact date of 2-12-01, the OAG decided to go with the 2002 date.  

Why?  Because that gave them an ‘extra year’ to file a Failure to Report charge against the PSU men.  If the incident happened in 2002, then it was within the limit.  Curley and Schultz were charged in November 2011.

As I said in the article, “charging the PSU officials the same day as charging Sandusky helped give birth to the false narrative that Penn State was to blame for Sandusky’s crimes.

In essence, the ONLY way for the OAG to charge Curley and Schultz with perjury would have been with the benefit of Schultz’s notes and the ONLY way to charge them with Failure to Report in 2011 was to PRETEND they did not have Schultz’s notes and then choose the 2002 date (over the correct 2001 date) provided by Mike McQueary.”

THE RUDY RUSE

It is now December 2011, a year has passed since McQueary, Paterno, Curley and Schultz were questioned before the Grand Jury.  Sandusky, Curley and Schultz have now been charged.

At this point the OAG is still using 2002 as the year for the shower incident to charge Curley and Schultz. The OAG knows it cannot admit the file was turned over by PSU attorney Baldwin but must somehow ‘discover’ the correct date before the Sandusky trial so this snafu is not used by the defense to throw out the 2001 incident. After all, Mike McQueary is their star witness and the 2001 incident is their ace in the hole. (Schultz himself would turn over the file in April 2012 but at this point they don’t know that.  The OAG would also give it to Freeh who would later claim he discovered the ‘secret file’ but this would be after the Sandusky trial.)

The OAG must find a way to ‘discover’ the true date.  During this year (from Nov 2010-Dec 2011) they devise a plan. They find a program or movie on TV the night of 2-9-01 and have McQueary ‘remember he was watching it’ and bingo!  They now can go through TV guides to ‘discover’ the actual date.  And they didn’t just find any movie, they found a football movie. Who would ever question that?

So, on December 16, 2011 McQueary takes the stand at the first Curley-Schultz preliminary hearing.  We now hear, for the first time, the details of that late winter/early spring ‘2002’ evening.  McQueary testifies that he in fact was home early that Friday evening, already in bed, watching a football movie. (At Sandusky trial he names the movie - Rudy.)  About half way through the movie (around 9pm) he got ‘motivated’ and decided to go to Lasch building to watch/pick up some recruiting tapes.  He also decided to drop his new sneakers off at his locker before going to his office to watch/pick up the tapes.

Of course we know that upon entering the locker room, he hears the showers on, goes to his locker and sees Sandusky and a boy in close proximity to one another in the shower. 

The Rudy movie is now part of his official story of the events of that night when he walked in the Lasch locker room. 

Interestingly, on cross examination on 12-16-11, when asked if it was 2001 or 2002, McQueary said he was not positive but said ‘If you give me 30 minutes I can think of some event in my life to relate whether it was 2001 or 2002.  But, not off the top of my head.’ 

It has been a year since the police first sought him out and interviewed him.  Wouldn’t he at some point during that year have taken 30 minutes to think about life events so he would know without a doubt the exact year the incident took place?

TRUE DATE REVEALED

Anthony Sassano, special investigator for OAG, testified at Sandusky’s trial that, in order to confirm the exact date of shower incident, he went through 2001 and 2002 TV guides and found Rudy on TV at 8:05pm on February 9, 2001.  The OAG has now ‘discovered’ the true date of the shower incident without ever having to reveal Baldwin’s chicanery.

Remember these ‘facts.’

McQueary has now testified under oath FOUR times that on the night of the shower incident he was: 

1)    At home in bed by 8pm watching Rudy;
2)    Was motivated halfway through the movie to go into his office and watch recruiting tapes. 
3)    Left his home and drove to Lasch and on way to his office he first stopped by his locker to drop off sneakers and; 
4)    Saw Sandusky in shower with a boy.


Of course, the idea that Baldwin gave the OAG Schultz’s file and the OAG fabricated the Rudy movie story for McQueary is all just theory……up until now.


BOMBSHELL RECORDS PROVE THEORY

I recently received a bombshell from an anonymous source.  I was sent the original November 2010 police report and handwritten statement of Mike McQueary.
These two pieces of evidence are McQueary’s first statements, unadulterated and untainted by any outside force.

In the 2010 police report, Trooper Scott Rossman records the following:



Compare these sworn statements of 12-16-11, 6-12-12, 7-29-13, and 10-21-16. (in black) to the original police report (in red.)



1) On that Friday evening, I was working late on the PSU campus.
1) On that Friday evening I was home early in bed watching Rudy @8pm.

2) Before going home @ 10pm, I wanted to take my sneakers to my locker in the football building (Lasch.)
2) I got motivated @ 9pm and decided to go to the Lasch building and look at recruiting tapes.

3) Upon entering the locker room
3) I parked the car and upon going into building I went DIRECTLY to locker room to put sneakers away that I had just bought.

4) I saw Sandusky and a boy in the shower.
4) I saw Sandusky and a boy in the shower.



AN ABOUT FACE OF THE FRIDAY NIGHT ACCOUNT



It is understandable not to recount specific details from 10 years prior.  It is also understandable that some details may change slightly the more you think back and remember.  But, his police statement is in DIRECT contradiction to his later testimony under oath.

He tells police he was on campus late that night and before going home he swung by the Lasch building to put sneakers away.  A year later he testifies that he was at home in bed watching a movie and decided to go into work to the Lasch building on campus.  These two statements could not be more antithetical.

But why?

 Why would McQueary change his story that he was ‘on campus late and went to Lasch building before going home,’ to ‘being at home in bed early watching a movie and then going to Lasch building on campus later that night?’

There is absolutely no reason why McQueary would lie to police about being at home watching a movie before going to the Lasch building. 

In addition, on October 21, 2016, at his whistle-blower trial, McQueary, on cross examination testified: In my verbal statement to investigators (11-22-10) ‘I told them everything and was as specific as I could. I tried to tell them everything that I could about the incident.’

There you have it.  

McQueary testifies that in his original, unadulterated police report, he ‘told them everything’ and ‘was as specific’ as possible.  This proves that only afterwards, within that next year, his story changed.  And that change was at the urging of the OAG. 

As postulated before, the OAG knew the incident happened in 2001 not 2002, but they needed 2002 to stick until they charged the PSU officials.  This incredible change of events of McQueary on that night in 2001 is one of the keys to proving OAG misconduct.  
The Rudy Ruse and Baldwin Gives Schultz’s File to OAG theory is now becoming less theory and more reality.

This is the very first statement from McQueary in Nov 2010:









McQueary wasn’t sure of the date, but the OAG later went with 2002 in order to charge Curley and Schultz (using an extremely tortured interpretation of the statute of limitations).  

As previously theorized, from McQueary’s first statement on 11-22-10 to his testimony on 12-16-11, the OAG had to figure out a way to ‘discover’ the 2001 date without outing that Baldwin had given them Schultz's notes (that showed the incident occurred in 2001).

The 2010 Police Report proves McQueary signifcantly changed the version of events of that night.  It now appears quite certain the OAG fabricated the Rudy Ruse McQueary went along with it.  They then had the basis for ‘discovering’ the February 9, 2001 date with TV guides.

This complete change of events on the night of February 9, 2001 blows the case wide open in favor of the Penn State men- Paterno, Curley, Schultz and Spanier- who were thrown under the bus by Penn State’s own Board and the OAG.   

It proves that the OAG tampered with McQueary’s original story of being on campus late before going home. 

It proves that McQueary is not credible. 

And it proves that nothing McQueary testified to can be believed to be 100% truth, especially relating to what he told Paterno, Curley, and Schultz regarding the 2001 shower incident.

The events that McQueary changed about that night were not subtle nuances he suddenly remembered. It was a complete 180 from being on campus late and going to Lasch before going home to being home in bed early watching a movie and then going to Lasch.  His police statement that was ‘as specific as possible’ and included ‘everything’ did not mention being home, being in bed, watching a movie, being motivated to get out of bed, or going to Lasch to watch recruiting tapes. 

NONE of those details were in his ‘specific as possible’ report.

The police report provides additional evidence that the Rudy story was just a ploy in order for the OAG to ‘discover’ the real date of the 2001 shower incident before the Sandusky trial.  This allowed them to protect Baldwin who committed a breach of ethics when she handed her client Schultz’s file over to the OAG without also sharing it with him.

In addition, it is possible the defense for Sandusky and/or the defense for the PSU3, had they known the content of the original police report, may have grilled McQueary about this change in his story. His credibility, or lack thereof, would have been hammered home. 

These differing accounts also opened the door to question what the true story really was.   For instance, he may have been downtown drinking that afternoon and used the stories as alibis. His eyewitness report of seeing Sandusky and a boy in the shower in two, 1-2 second glances would have been that more unreliable had he been tipsy or intoxicated. Changing the story to being home in bed helps avoid such questions, not only for McQueary but for his father and Dr. Dranov as well. I would have liked to hear their answer to whether they had any indication that Mike had been drinking that night.


MORE POLICE STATEMENTS TURNED INTO LIES



In addition to McQueary’s blatant change to his original story from being on campus late to being at home early in bed watching a movie, the police report and handwritten statement confirm other discrepancies that I have revealed over the years regarding McQueary’s testimony.  

In the Nov 2010 Police Report and Hand-written Report, McQueary only mentions 2 glances into the shower.  One glance on his way in and one glance on his way out of the locker room.  

He never mentions slamming a locker, a third glance, or that Sandusky and the boy were separated when he left (testimony he adds later at the hearings and trials.)  

And again, these two reports were as ‘specific as possible’ and included ‘everything.’ 








In addition, McQueary makes it clear in both documents that he never spoke to law enforcement. 

 In the police report McQueary doesn’t remember Gary Schultz’s name or his correct title. He says Schultz was VP of Athletics.  Which clearly rules out that McQueary believed Schultz was ‘head of the police department’ and when he spoke to him in 2001 (which McQueary claimed later during 2011-2013 hearings and trial.)





After the grand jury presentment leak,  McQueary admitted in an email to friends he was ‘getting hammered for not doing anything to protect the boy.’ He insisted, ‘I did have discussions with police and with the official at the university in charge of police.’ 

In McQueary’s email to Jonelle Eshbach and Anthony Sassano (OAG) in response to the grand jury presentment leak, McQueary complained his life was ruined:





He only began to claim that Gary Schultz was ‘police/law enforcement’ in November 2011 because he was getting pummeled by peers, the media and the public for not stopping Sandusky.  

However, when he filed his whistle-blower lawsuit, he contradicted his previous testimony and claimed that ‘Gary Schultz was not the police, and police/law enforcement was not contacted, and that Curley & Schultz mislead him about their intention of contacting police.’

Clearly, his story changes to suit his needs….and the needs of the OAG.

REVIEW OF 2010 POLICE REPORT 
VS
 LATER TESTIMONY

McQueary’s first police report included ‘everything’ and was ‘specific as possible.’  If that is true then here are the untruths (in red) that have followed:

1)    I was on campus late that night about to go home before heading to Lasch.
(I was actually at home in bed early that night watching Rudy and then went to Lasch.)

2)    I looked in the shower twice, once on my way in to my locker and once on my way out of the locker room.  
(I actually looked into the shower 3 times.)

3)    I left because I just wanted to get out of there as fast as I could. I was in a hurried/hastened state. No mention of stopping it or that the two were separated when he left.
(I actually slammed the locker door to stop it.  The two were separated when I left.)

4)    I spoke with Tim Curley and the VP of Athletics (Gary Schultz.)I did not speak to police. I was never interviewed by any law enforcement personnel. (“I did have discussions with police and with the official at the university in charge of police.” “Gary Schultz was the police and the official in charge of police.” “I thought I was talking to police.  Gary Schultz in my mind was head of police.”)

FUTURE INVESTIGATION?


Yes, Curley and Schultz have recently pleaded guilty to a misdemeanor. And Spanier was just found guilty of one charge, Endangering the Welfare of a Child (EWOC), a misdemeanor, but will no doubt appeal that conviction and likely win.

But will this truth- McQueary’s FIRST police statement being totally altered- ever be investigated? 

Will McQueary ever be held accountable for changing his statements to police and on the witness stand?  If he is investigated and found to have committed perjury I feel a lot of truths would begin to unravel.

The whole truth and nothing but the truth still matters and the conduct of so many within the OAG are highly suspect. Would an investigation expose:

Mike McQueary for perjury?

Baldwin for breach of ethics, obstruction of justice, and perjury?

Sassano for perjury?

OAG/Fina for obstruction of justice?

Maybe Penn State University will do the right thing once and for all and challenge the $12 Million dollar judgment handed down to them by McQueary’s lawsuit decision.  They can start with the police report and expose the lies.  

Maybe then McQueary would finally reveal the nefarious conduct of the OAG. 

Incidentally, on the witness stand at Spanier’s trial this past week, McQueary told the court that the ‘OAG called to warn him they were about to leak the Grand Jury Presentment.’  

Penn State, there is your opening to start defending the school once and for all and uncover the truth -- and you can do it as you move on with the appeal in the McQueary civil lawsuit.


To print pdf document, visit http://march4truth.com/eileen-morgan.html

Saturday, March 25

McQueary Becomes Real Whistleblower

While still unreported by the media, the biggest news coming from the first day of trial testimony was that Mike McQueary blew the whistle on the Sandusky grand jury leaker.

By
Ray Blehar

On the first day of trial testimony in the trial of Dr. Graham Spanier, Mike McQueary stumbled while testifying and let slip that the Office of Attorney General (OAG) former informed him that they were going to leak the Sandusky grand jury presentment.

Maribeth Roman Schmidt, spokesperson for PS4RS was in the courtroom when McQueary made the statement.  

She wrote:


Forgot to mention the shocker of the day!! While Mike McQueary was on the stand, as the prosecution asked him when/where he was when he heard Sandusky was arrested, he answered that the OAG called him to tell him they were about to leak the GJ presentment. He caught himself as soon as he said it and the prosecutor jumped right to him being in the Phila airport seeing his picture all over the news. I kid you not. Heard it with my own ears and saw him catch himself with my own eyes. It must be in the court transcripts

Friday, March 24

Inane Spanier Conviction a Temporary Set Back

The jury’s impossible verdict that Spanier supervised and endangered an unknown child will be overturned on appeal and the fight will continue

By
Ray Blehar

Over the last week pieces of the truth were revealed, however the false narrative of a Penn State cover-up by the Harrisburg Patriot news and national media were too pervasive for a Dauphin County jury to completely exonerate former PSU President Dr. Graham Spanier.

The jury reached a guilty verdict that did not comport with the elements of the Endangering the Welfare of Children (EWOC) statute.   Specifically, they found that Dr. Spanier was responsible for the welfare of a child who has yet to be identified. 

The child, known as Victim 2, could not possibly be tied to being supervised by anyone other than Jerry Sandusky because (allegedly) he is unknown. 

They tendered the verdicts around 4:00 PM – likely choosing their weekend plans over reaching the legally correct verdict.

Thursday, March 23

Trial: Curley Blows Up Key Freeh Finding

Tim Curley's testimony that he and he alone altered a prior reporting plan blows apart Freeh's conclusion that Sandusky would have been reported if not for Paterno's intervention

By
Ray Blehar

Former Penn State Athletic Director Timothy Curley testified yesterday that legendary former coach Joe Paterno did not advise him to change anything about a plan that he and Gary Schultz developed in response to the 2001 report of Sandusky showering with a boy.

Curley's testimony refutes former FBI Director Louis Freeh's "reasonable conclusion" that Paterno changed the plan. 

Freeh's conclusion was based on an unauthenticated email in which Curley purported wrote:

"After giving it more thought and talking it over with Joe yesterday -- I am uncomfortable with what we had agreed were the next steps."

Freeh leaped to the conclusion that Paterno was responsible for convincing Curley to not report Sandusky to authorities.  In a nationwide press conference Freeh stated:

"Based on the evidence, the only known, intervening factor between the decision made on February 25, 2001 by Messrs. Spanier, Curley and Schulz to report the incident to the Department of Public Welfare, and then agreeing not to do so on February 27th, was Mr. Paterno’s February 26th conversation with Mr. Curley."

Curley's testimony adds to the evidence of that the Freeh Report was incomplete and inaccurate. 

Tuesday, March 21

Opinion: Spanier's Opening Statement

If put in the role of Spanier's defense attorney, here is what I would tell the jury tomorrow.

By
Ray Blehar

Ladies and gentlemen of the jury.

In the case you will hear, the Commonwealth wants you to find Dr. Graham Spanier guilty for the inactions of others who were legally required to protect children from Jerry Sandusky.

When Penn State University officials learned of Sandusky showering with children in 1998, the police and child welfare officials conducted a full investigation of the matter.

Mr. Jerry Lauro, a program assistant with the Department of Public Welfare Children and Youth Services in Harrisburg, learned early in the 1998 investigation that Sandusky had showered with TWO children and had given each of them bear hugs while naked.  

One of these boys later became known as Victim 6 because of Sandusky's conduct in the shower.

Later in the investigation, Mr. Lauro interviewed Jerry Sandusky.  Sandusky admitted he had done the same thing with other children.

Mr. Lauro’s role in the 1998 investigation was to determine if it was safe for Sandusky to be around children. 

He failed.

Tuesday, March 14

Why Plea? And Why Now?

There are several explanations why Curley and Schultz copped pleas on the eve of the trial – and the law isn’t one of them.

By
Ray Blehar

Today’s plea deals by former Penn State University (PSU) officials Timothy Curley and Gary Schultz could be explained by a number of scenarios – however the law isn’t one of them.

THE LAW

As reported here, the Office of Attorney General (OAG) had an almost impossible task of proving the four requirements of the Endangering the Welfare of a Child (EWOC) statute.   

In the triggering 2001 incident,  the OAG cannot prove that PSU officials had a duty of care to the unknown victim or the age of the victim. Next, the evidence is overwhelming that Sandusky was not a PSU employee and was not under the supervision of PSU officials.  Finally, it cannot prove that PSU officials had any reason to believe that Curley’s report of the incident to The Second Mile would not result in protective action by the charity. Those facts nullify the possibility of an EWOC conviction.

If the EWOC conviction fails, so does the conspiracy to commit it.  

Monday, February 27

Is Josh Shapiro Part of the Problem?

Josh Shapiro's words and actions reveal that he is part of the problem -- not part of the solution


By
Ray Blehar

Shortly after newly elected Attorney General (AG) Josh Shapiro was sworn in he made the following statements in an attempt to show he was not corrupt and dishonest like some of the other elected AG’s that came before him. 

AG Shapiro stated:

"Let me be very clear, anyone who tries to roll back your rights will have to come through me. 

"And, I won't be afraid to stand up to anyone--whether it's the President of the United States, a multi-national corporation, or someone on the street corner." 

The statement was a smokescreen.

Monday, February 20

David J. Paterno: Power vs. Popular

Debunking the First of Freeh’s Overarching Faulty Premises


By
David J. Paterno

More than four years have passed since Penn State’s Board of Trustees’ (BOT’s) Special Investigative Counsel (SIC) purchased a report from Louis Freeh. While that report contained some good recommendations – especially regarding the size and makeup of the BOT - many scholars have pointed out its shortcomings and its unsubstantiated claim that four employees, including Joe Paterno (JVP), behaved with malicious intent.

My family continues to petition and ask PSU leaders to read and evaluate for themselves how little Freeh’s conclusions about JVP are supported with any facts. More confounding than the lack of facts are several overarching premises contained in the Freeh report that set the tone for his unsubstantiated claims. By allowing such false premises, the reader is set up for accepting unsupported conclusions.

The first faulty premise is that JVP “controlled everything / knew everything that happened at PSU.”  This premise conflates Power with Popularity.

 There is a huge difference between Power and Popularity and if we are not careful, we can forget how very different these things are – especially with respect to running a large institution like PSU. Freeh chose to ignore this clear difference - and in fact, equated them as being the same to vilify JVP.

This matters because it is one of several incorrect overarching premises of the Freeh Report, which gives Freeh’s conspiracy theory illegitimate credibility in falsely damaging our alma mater’s reputation.

Yes, “conspiracy theory” because it is – at best  – a stretching hypothesis that four men were involved in a conspiracy to conceal and cover up criminal activity.

Until PSU comes to terms with the damage they have done by accepting the incorrect opinion of Louis Freeh, they will not be able to recover some of the greatest qualities of PSU’s history that could be, and ought to be, leveraged into its future. 

Joe Paterno was popular.  He was well known, widely respected, and influential. 

Was he an all-powerful man controlling everything at PSU as Freeh suggests?


Not even close.

Wednesday, February 15

Evidence in 2001 Twisted, Tainted, and Incomplete

The case against PSU officials was built on an incomplete record that was twisted and manipulated by prosecutors to frame PSU officials.  The prosecutor's work was good enough to create a massive conspiracy theory that fooled nearly everyone.

By
Ray Blehar

The evidence in the so-called Conspiracy of Silence case strongly indicates that the Pennsylvania Office of Attorney General (OAG), Cynthia Baldwin, and the Freeh Group engaged in a series of intentional misrepresentations in order to make the case of a criminal conspiracy surrounding an alleged failure to report Jerry Sandusky in 2001.

Information is power and in this case information was selectively used, withheld, and reorganized to convince an all too willing public that PSU officials were evil people who put the football program above the welfare of children. 

Among these misrepresentations were: all reports of child abuse are investigated; the contents of Gary Schultz’s so-called secret file all belonged to Schultz; that Schultz reviewed the 1998 police report before deciding to act; that the suggestions to get Sandusky help were based solely on the 1998 and 2001 incidents; and several others. 

Again, this was good enough to fool almost everyone who didn’t critically look at the information and evidence in the case.

But here’s what happens when those misrepresentations get a dose of reality.