Monday, October 19

The New Trial for Jerry "Hail Mary"

 Attorney Al Lindsay struggled to convince the court that the AG-Freeh collaboration had any impact on the verdict, but at least he was right about investigating grand jury leaks. 

By
Ray Blehar
October 19, 2020, 11:15 AM, EST

The latest attempt to win a new trial for Jerry Sandusky was another Hail Mary pass.

During oral arguments on October 14th, Sandusky's attorney, Al Lindsay, raised several issues, some old and some new, as to why his client didn't receive a fair, but he failed to provide any real argument as to how the new evidence could have changed the outcome of the trial.

For example, Lindsay argued that the diary of Kathleen McChesney confirmed that there was collaboration between the Freeh Group (FG) and the Pennsylvania Office of Attorney General (PA OG) during the investigation.   

He also argued that newly discovered evidence showed that the FG had interviewed one of the Sandusky trial jurors.  

While Lindsay is correct that these things happened, he couldn't explain how any of them would have impacted outcome of the trial and instead fell back on the previously failed argument of a rushed trial.

Thursday, September 3

Baldwin Couldn't Keep Her Lies Straight

Cynthia Baldwin's statements and court testimony are so full of contradictions that no reasonable person could find her to be credible -- and now her credibility will again be put to the test

By
Ray Blehar

September 3, 2020, 5:04 PM EDT, Updated 5:22 PM

Back in 2013, notpsu.blogspot.com's post titled "Who's Telling the Truth, Baldwin or Everyone Else"  recounted numerous examples of former Penn State University (PSU) General Counsel Cynthia Baldwin's testimony being contradicted by not only current and former PSU employees, but even by members of the Pennsylvania Office of Attorney General (OAG). 

It's one thing to be contradicted by other individuals; however, it's worse when you contradict yourself.

And Baldwin did that many times over when she testified before the grand jury in October 2012, before the Office of Disciplinary Counsel (ODC) Hearing Committee in May 2018, and in her public statements about the case.

The good news for Penn Staters is that Baldwin's credibility is again on the line as a result of former grand jury judge Barry Feudale filing complaint against a sitting Supreme Court Justice.

The complaint will do little to nothing to fix Baldwin's already tarnished reputation. 

In fact, it could make matters worse.

Sunday, August 16

PA Govt & Baldwin Conspired from the Start

The PA Supreme Court's opinion in the Baldwin disciplinary case and other evidence show that PA govt officials and Baldwin were undermining PSU officials from the start













By
Ray Blehar
August 16, 2020, 10:56 AM EDT

A thorough review of recent PA Supreme Court opinions regarding disciplinary actions against former Office of Attorney General (OAG) prosecutor Frank Fina and former Penn State University (PSU) General Counsel Cynthia Baldwin, combined with other evidence, reveals that Baldwin, former Supervisory Grand Jury Judge Barry Feudale,  Fina, and other former OAG officials were working to undermine PSU officials from the start.

The ODC v. Baldwin opinion revealed that former PSU administrators and legendary coach Joe Paterno were subpoenaed as private citizens -- not representatives of the University.   At the time of the subpoena, Gary Schultz was retired from the University.

As such, there was no legitimate reason for the subpoenas to be routed to Baldwin -- especially Schultz's.

There was an illegitimate one, however.

Wednesday, August 5

Lawyer Rebuts Baldwin's Racism Allegations

Lawyer dismantled Baldwin's argument by using her own record as a Supreme Court Justice 

By
Ray Blehar
August 5, 2020, 2:25 PM

Attorney Shohin Vance,  a former law clerk for PA Supreme Court Justice Thomas G. Saylor, rebutted former PSU General Counsel's Cynthia Baldwin's claim that Saylor and the PA Supreme Court punished her only because of a purported "racial agenda" when she sat as a Justice.

Racial claims unsupported by Baldwin's record
After being reprimanded by the court for her "incompetence" in representing former PSU officials Tim Curley, Gary Schultz, and Graham Spanier, Baldwin went on the offensive by attacking Saylor and the PA Supreme Court. 

She amazingly claimed that Justice Saylor -- who recused himself from ruling on her case -- had a grudge against her because of a purported "racial agenda."   She doubled down on the allegation in a KDKA interview, inferring that entire court was racist.

Vance, in an op-ed for the Legal Intelligencer, destroyed Baldwin's argument by showing that Baldwin's record didn't reflect a "racial agenda" and that Saylor's had over 3 times more dissenting opinions than Baldwin when they served on the court. 

Thursday, July 30

Analysis: Court Was Wrong. Baldwin Dishonest...AND Incompetent.

The court's determination of Baldwin's mere incompetence was based on an erroneous record of evidence.  An analysis of a more complete and correct record shows that Baldwin was dishonest on many occasions 

By
Ray Blehar
July 30, 2020, 9:59 AM EDT

Had the PA Supreme Court been aware of a more complete and accurate record of evidence, it would have concluded that former PSU General Counsel Cynthia Baldwin was not merely incompetent, but was purposely deceptive and/or dishonest in her representation of PSU officials, her representations to various courts, and in statements to the public.

But the court was not well informed and instead wrote (Opinion at 66):

The Disciplinary Board, having concluded that Respondent poses no danger
to the public or the profession and recognizing that her misconduct here did not reflect
any dishonesty in the practice of law, recommends that this Court neither suspend nor
disbar her. Instead, the Disciplinary Board recommends that this Court discipline Respondent by and through a public censure.


Fina, Baldwin, & others undermined the justice system
If the court had been cognizant of just the few pieces of evidence highlighted in this blog post, it would come to a very different conclusion -- and would have likely suspended her law license for life.

And the same goes for Frank Fina, who got off easy with a license suspension of one year and one day.

This pair of miscreants (along with several others) colluded to undermine the administration of justice in the cases of former PSU officials Graham Spanier, Timothy Curley, and Gary Schultz.

Even without the benefit of a more complete and accurate picture of the evidence,  the PA Supreme Court recognized that Fina wasn't serious about charging Baldwin for her purported lack of compliance with subpoenas and that he was using her testimony to implicate the three former PSU officials.

Saturday, May 9

Latest FBI Misconduct Mirrors PA OAG Missteps in Spanier Case

Court documents related to the Flynn case show that top FBI officials did not have sufficient predicate to conduct investigation and withheld exculpatory evidence...the same happened in the Spanier case and other cases

By
Ray Blehar

May 9, 2020 6:56 PM EDT

According to court filings in the case of former National Security Advisor, retired Lt. Gen. Michael Flynn,  the FBI head of counter-intelligence Bill Priestap framed the impending interview of Flynn in this manner (my emphasis added):

“What’s our goal? Truth/Admission or to get him to lie, so we can prosecute him or get him fired?"
That statement, among other evidence, proved their was insufficient predicate to continue investigating Flynn.  The subsequent interview of Flynn wasn't being conducted to determine if Flynn was guilty of anything, but rather to induce Flynn to commit a crime...."or get him fired." 
The "or get him fired" part of the statement completely damned the FBI and DOJ actions in the case.
When have you ever heard of law enforcement officials wanting to get people fired??
For readers of this blog, the answer is in October 2010 when former PA Attorney General Tom Corbett vowed that that he would eventually cause the removal of PSU President Graham Spanier  From that point forward, the Jerry Sandusky criminal investigation grew legs and got moving. 

Friday, March 13

Emmert & NCAA Board Blow Call on Tournaments

Mark Emmert and the NCAA again rushed to judgment in penalizing athletes and harming communities

by
Ray Blehar
March 13, 2020, 1:25 PM EDT, Updated March 14, 8:30 AM EDT

Yesterday morning, notpsu.blogspot.com opined that the NCAA and conferences should suspend play until the nation overcomes the coronavirus pandemic and then resume play later in the year.   That solution would not have endangered the health of the athletes and would have allowed for communities to reap the financial benefits of hosting the tournament.

However, instead of a suspension, Mark Emmert and the Board of Governors decided to cancel the remaining winter athletic seasons and spring championships.

The move is reminiscent of Emmert's and the Executive Board's rush to judgment in penalizing Penn State Athletics based on highly questionable data furnished by former FBI Director Louis Freeh.

Given the time frame of the decision, this was a knee jerk reaction.  Emmert and the NCAA Board did even less research on this issue that it did in the PSU case.

In that case, former Executive Committee Chair Ed Ray admitted to not reading the Freeh Report and emails (obtained in the Corman case) revealed his decisions were driven by media reports and reader comments.  As a result of the Corman litigation, the NCAA reversed some of its decisions, notably the restoration of wins for the PSU football program.

Thursday, March 12

NCAA, B1G, & Others Should Suspend Tourneys Right Now

Emmert's and Warren's decisions to continue play in nearly empty arenas is unsafe (and greedy)

by
Ray Blehar

March 12, 2020, 10:20 AM EDT, Updated 11:00 AM & 1:26 PM EDT; Updated March 13, 2020, 12:45 PM EDT

Last night, the National Basketball Association (NBA) suspended play after it was learned that Utah Jazz's Rudy Gobert tested positive for the coronavirus. 

The league really had no choice, given that it takes approximately two weeks to develop symptoms and in that time frame the Jazz played (and possibly infected) the Boston Celtics, Washington Wizards, Cleveland Cavaliers, New York Knicks, Detroit Pistons, and Toronto Raptors.

All of those teams and players are possibly infected and so are their opponents from the last two weeks.

The NBA was absolutely, 100 percent correct to shut it down and wait until the virus subsides to resume play.

Unfortunately, the same cannot be said for the Big Ten and the NCAA who have decided to take the risk that no athletes are infected and to continue play in nearly empty arenas.

Friday, February 21

Fina & Baldwin Are Just the Beginning

The decisions to suspend Frank Fina's law license and to publicly reprimand Cynthia Baldwin are  just the beginning of a long line of disciplinary actions to come against current and former OAG officials

By
Ray Blehar
Feb 21, 2020. 9:27 PM EST, Updated Feb 23 at 11:04 AM EST

Image result for Fina Baldwin punishedOn February 20th, the Supreme Court meted out some long overdue punishment for former Penn State University (PSU) General Counsel Cynthia Baldwin and former Deputy Attorney General (DAG) prosecutor Frank Fina.   

Fina will lose his law license for one year and one day, which forces him to reapply for a license.  

Baldwin will be publicly scolded on April 21 at 10 AM at 819 City County Building at 414 Grant Street in Pittsburgh.