Saturday, January 18

BOMBSHELL: Exculpatory Evidence Removed From Schultz File

The Kathleen McChesney diary confirms an exculpatory email was removed from the Schultz file

By
Ray Blehar
January 18, 2020, 4:09 PM EST

Notpsu.blogspot.com has long contended that Gary Schultz or someone at Penn State University (PSU) made a report to Centre County Children and Youth Services (CC CYS) in response to the 2001 incident.

Now it appears we have the proof.

McChesney's diary entries of May 1, 2012 detail discussions about the Schultz file and it contains the following bombshell.

"Exculpatory 2.26 email is on the top & they came in the same order where he says they contacted cps"

To be clear, an email was written documenting that the 2001 incident was properly reported and it has never seen the light of day.

That evidence is a game changer and exonerates not only Schultz, but Tim Curley, Graham Spanier, and legendary coach Joe Paterno.

Thursday, January 16

More Smoking Guns from McChesney Diary Upend Freeh's Email Claims

Numerous diary entries confirm that PA OAG and State Police had Schultz's emails prior Freeh's "discovery" of them

By
Ray Blehar

January 16, 2020, 1:00 PM EST, Updated 1/18/20 at 9:30AM EST

The diary of former Freeh investigator Kathleen McChesney contains numerous entries referencing the 1998 and 2001 Penn State emails that predate the purported discovery of the emails by former FBI Director Louis Freeh.

At a nationally televised press conference on July 11, 2012, Freeh claimed that his investigative team independently discovered the 1998 and 2001 Penn State emails on March 20, 2012.   The claim was also repeated on page 11 of the Freeh Report.


McChesney's diary proves many times over that Freeh was fibbing.

Wednesday, January 15

McChesney Diary Confirms Freeh & OAG Misconduct

Former Freeh Team member Kathleen McChesney's diary confirmed that the PA OAG supplied her team with the PSU emails and the Schultz file

By
Ray Blehar
January 15, 2020, 3:27 PM EST

Yesterday, Ralph Cipriano of BigTrial.net released a bombshell report confirming this blog's previous reporting that Louis Freeh's team was handed the emails and the Schultz file by the Pennsylvania Office of Attorney General (PA OAG).

Kathleen McChesney, one of the key investigators into the Sandusky matter at Penn State University, kept a detailed diary of the activities of the 2011-2012 investigation. 

At one point in the diary, McChesney wrote in reference to the email evidence:

"Records - IT: Team working with Atty general, will receive in stages."

On April 2, 2012, McChesney wrote in reference to the Schultz file:

"AG documents received re: Curley and Schultz."

Our August 13, 2013 story confirmed that Kimberly Belcher twice refused to hand over the Schultz file to Freeh's team and instead gave it to the PA OAG in  April 2012.  She also testified that Schultz's legal team provided their copy of the file to the OAG one day earlier.

Belcher's testimony is seemingly confirmed by the diary, in which McChesney wrote:

"Fina got papers from two different sources."

Circling back, McChesney's diary (i.e., "AG documents received re: Curley and Schultz.") also may confirm our reporting that the Athletic Department had maintained a file on Sandusky and that the so-called "Schultz secret file" may have contained information gathered from both the Finance and Athletic Department offices.

Email confirms Freeh, Frazier, and Tomalis waited for leaked emails to be leaked to the press
As Cipriano's blogpost correctly pointed out, the transmission of these materials from the PA OAG to Freeh's team constituted illegal leaks of secret grand jury information.

The illegal leaks go a long way to explain why Freeh spun a yarn about his team discovering the emails and the Schultz file.  To be clear, the only cover-up at PSU was the one being conducted by Freeh and members of the Special Investigations Task Force (SITF).

Emails revealed that individuals from the SITF and the Freeh team were waiting for the leaked information to be further leaked (by the OAG) to the press and for the targeted PSU officials, especially former President Graham Spanier and former legendary head football coach Joe Paterno, to be convicted in the court of public opinion.

Not only was the Freeh investigation a sham, but it became part of Pennsylvania's system of injustice.



Sunday, December 22

No Surprise...Misconduct Atop FBI

The latest DOJ IG report adds to the FBI's long history of executive misconduct, but Louis Freeh somehow remains in an unofficial "witness protection program"

By
Ray Blehar
December 22, 2019,  10:03 AM EST

On Monday, December 9th, DOJ IG John Horowitz reported that top FBI officials made 17 errors and omissions to the FISA court in order to justify surveillance on a U.S. citizen.   The report also found 51 violations of the procedures used for verifying and validating information in the FISA warrant submissions (a.k.a. the Woods Procedures).

Topping the list of misrepresentations, an FBI Office of General Counsel (OGC) attorney altered an email in order convince the court to renew a FISA warrant to spy on President Donald Trump.  The OGC attorney changed a single phrase in an email to make it appear that Carter Page, an associate of the Trump campaign and a CIA source, was not a CIA source.

The DOJ IG also found that exculpatory evidence was withheld from the court that likely would have put an end to the investigation almost immediately after it was opened.

Errors and omissions.
Misrepresentations.
Alteration of email.
Withholding of exculpatory evidence

Sound familiar?

They should because notpsu.blogspot.com reported similar episodes in its review and analysis of former FBI Director Louis Freeh's investigation of Penn State University (PSU).

The FBI took another hit when FISC judge Rosemary Collyer issued an strong rebuke of the FBI's handling of the case and called into question the reliability of evidence in other FISA applications.

"The frequency with which representations made by FBI personnel turned out to be unsupported or contradicted by information in their possession, and with which they withheld information detrimental to their case, calls into question whether information contained in other FBI applications is reliable." 

Rolling back the calendar to 2002, then FBI Director Robert Mueller was called into the FISC to address 75 instances of FISA cheating prior to him becoming the agency's head.

And who was at the helm before Mueller?  Louis Freeh.

While IG Horowitz's report did not answer why the most recent FISA cheating occurred, the answer seems rather obvious. FISA operates in secret and there's little chance that anyone is going to check the work, especially when the work is done at the executive level.

Friday, November 22

Initial Report: Sandusky Receives Same Sentence of 30-60 years

An updated post will follow once the court documents have not been posted on the Centre County Media Page

By
Ray Blehar
November 22, 2019, 5:23 PM EST

Media outlets are reporting that Jerry Sandusky received the same sentence of 30-60 years and, if he serves out his term, will be in prison until age 98.

Sandusky was convicted of 45 of 48 counts in June 2012, however, his 30-60 year sentence was based on only four (4) of the counts that garnered 5 to 10 year sentences and those sentences were to be served consecutively.   The remaining 41 counts were ordered to be served consecutively, including the counts involved in the Victim 8/Janitor incident.

The re-sentencing came as a result of the PA Supreme Court ruling that the Commonwealth's determination of Sexually Violent Predators (SVPs) was unconstitutional and that the mandatory minimum sentences connected to the SVP determination could no longer be applied.

It will be interesting to see how Judge Maureen Skerda compiled the 30-60 year sentence, but it would have been easy for her to get there given she had 41 counts that she could apply consecutively.



Sandusky maintained his innocence at the proceeding.

Thursday, November 21

Supreme Court Shoots Down Fina's Blame-Shifting Arguments

Fina's legal team's flimsy blame-shifting arguments didn't gain much traction at yesterday's Supreme Court hearing

By
Ray Blehar
November 21, 2019, 12:19 PM EST, Updated 1:12PM EST

Disgraced former AG and Philly DA prosecutor Frank Fina continued his blame-shifting defense at yesterday's Supreme Court hearing according to coverage by The Legal Intelligencer.

While the headline (i.e., spin) of the story by The Legal alleged the hearing showed "Fault Lines Among P.A. Justices," notpsu.blogspot.com's analysis concluded that the justices were simply giving fair time to arguments put forth by the respective legal counsels. 

The bottom line appears to be that the justices shot down Fina's blame-shifting arguments.

Tuesday, October 22

Fina's Transgressions Are Worse Than ODC Knows

The Supreme Court will decide if Fina will lose his law license for misleading the court about his grand jury questioning of Cynthia Baldwin, but his transgressions were far worse than the current case being brought by the Office of Disciplinary Counsel


by
Ray Blehar
October 22, 2019, 5:55 PM EDT

According to one of the Penn State University (PSU) alums who filed an ethics complaint, former Office of Attorney General (OAG)  prosecutor Frank Fina's disciplinary case will be heard during the November 18-22 Pennsylvania (PA)) Supreme Court term.   Fina's legal team filed their brief on October 9th, while the Office of Disciplinary Counsel's brief  is due later this month on October 29th.

The scope of the hearing is limited to Fina's misleading of the court  regarding his improper questioning of former Penn State University (PSU) General Counsel Cynthia Baldwin.   However, Fina's transgressions far exceeded violating the attorney-client privilege issues.

Tuesday, October 8

Gladwell: The Good, the Bad, the Ugly and the Amusing

Gladwell's "Talking to Strangers"is an interesting, albeit sometimes inaccurate, read and lacks a strong ending

by
Ray Blehar
October 9, 2019. 11:30 PM, EDT

Rating 3.0/5

Malcolm Gladwell's latest book, Talking to Strangers -- What We Should Know about the People We Don't Know, was written over a three-year period and to the casual reader appears to be meticulously researched.  An informative read, it takes readers through a long history of misinterpretation and miscommunication among strangers, starting with Cortez and Montezuma and ending with the tragic case of Sandra Bland.   In between, Gladwell touches on the interactions of Chamberlain and Hitler, the Intelligence Community and spies (e.g. Ana Montes and Aldrich Ames), fraudster Bernie Madoff and sex offenders Jerry Sandusky and Larry Nassar and their victims, the Italian Police and Amanda Knox, and Khalid Sheikh Mohammed -- among others.

Many of the stories are fascinating, especially that of the suicide of Sylvia Plath that was enabled by her easy access to carbon monoxide in her kitchen oven.   In this instance, Gladwell uses the story as a pathway to describe "coupling" and that suicidal individuals may not commit suicide had it not been for the convenience of the death instrument -- including, for example,  San Francisco's Golden Gate Bridge.

While the book does a great job showing that most people's ability to discern truth telling from lying is quite terrible with a complete stranger and only gets worse after they've met with the stranger on several occasions.

Gladwell writes: "it is human nature to default to the truth and the world is better for it."  

Thursday, July 25

Supreme Court Denies Sandusky Appeal

The Pennsylvania Supreme Court denied Sandusky's appeal and the case will likely move to the Federal court

By 
Ray Blehar
July 25, 2019, 8:45 AM EDT

In a one sentence ruling (below), the PA Supreme Court did as most expected and denied Jerry Sandusky's request for review of the lower court's decision.




Sandusky's legal team will likely take the matter to the Federal court where it may argue that the Commonwealth violated the Constitutional right (to a fair trial) of the former founder and face of The Second Mile. 

Thursday, June 6

BigTrial: "Reprehensible" Fina faces suspension of license

Ralph Cipriano of BigTrial.net's coverage of the ODC ruling to suspend Frank Fina's law license

Frank Fina Gets Spanked!

By Ralph Cipriano
for BigTrial.net

Frank Fina finally got his comeuppance.

In a 36-page report issued today, the Disciplinary Board of the state Supreme Court called for a suspension of the former deputy attorney general's law license for a year and a day. That recommendation now goes to the state Supreme Court.

Fina, the former lead prosecutor in the so-called Penn State sex abuse case, got blasted yesterday by the disciplinary board for his "reprehensible" and "inexcusable" conduct in purposely duping a grand jury judge into thinking that Fina wasn't going to press Cynthia Baldwin, Penn State's former counsel, into breaking the attorney-client privilege and betraying her former clients -- three top Penn State officials -- behind closed doors.

After conning the gullible judge back in October 2012, Fina then "proceeded to question [Baldwin] extensively about the very subjects he represented to Judge [Barry] Feudale he would avoid," the disciplinary board concluded. "These actions are reprehensible" and "inexcusable," the disciplinary board wrote. In addition, the board found that Fina's alleged defense of his behavior before the board was "without substance." Fina turned defense attorney Baldwin "into a witness for the prosecution against her clients," the disciplinary board wrote. And when confronted with his misconduct, he showed no remorse.

Read more at: http://www.bigtrial.net/2019/06/frankie-fina-gets-spanked.html