Corbett's Lawsuit Does Not Clear Paterno - Continues to Support Freeh Report

PA Governor Tom Corbett's Lawsuit on Behalf of the Citizens of the Commonwealth Is A Cheap Political Stunt to Deflect Attention Away From His Botched Investigation of Jerry Sandusky

by Ray Blehar

In the first minutes of Corbett's press conference, the Governor made this telling statement that proves he is dedicated to perpetuating the lies told by Louis Freeh and to continuing the malicious prosecution of Penn State officials:

"...the administrators who are alleged to have covered it up have been charged criminally, and will be tried before the courts.  ..and in the wake of this terrible scandal, Penn State was left to heal, and clean up this tragedy that was created by the few."

While Penn State alumni, fans, and friends want to see the NCAA sanctions removed, the sanctions should not be removed at the expense of finding the truth about the circumstances that enabled Sandusky to commit his crimes for the past fourteen years.

As you have read on this web-site, the flawed investigation of Sandusky in 1998 is the primary cause that let Sandusky roam free for fourteen years.  As you have also read here, the recent three year investigation of Sandusky was the bible on how not to conduct a child molestation investigation.  These are facts that Governor Corbett has a vested interest in concealing from the public.  If there's a single person to point to, aside from Sandusky, who endangered the welfare of Pennsylvania's children, it's Governor Corbett.

Corbett recommended Louis Freeh to conduct the investigation of the Sandusky scandal and, by Corbett's own admission:

"Mr. Freeh was appointed is because he understands the role of a grand jury investigation, the role of the prosecutors and will work well with the attorney general's office and Attorney General Linda Kelly so that [obstruction of the attorney general's investigation] does not happen."

My upcoming report, to be released in February, will show that Louis Freeh failed to investigate  and/or disclose information that would have damaged or put at risk, the charges against Sandusky and Penn State officials, as well as the then active investigation that led to the "Conspiracy of Silence" grand jury presentment in November 2012.  Moreover, Freeh downplayed the failures of CYS and DPW to bring Sandusky to justice in 1998.

The Lawsuit

However, let's return to the lawsuit filed by the Commonwealth.  There are at least two points in the lawsuit that continue to levy false charges against PSU officials.

 First, Point 6:

Point 36 (excerpted) :

Continuing The Indictment of Penn State

At 12:10 of the press conference, Governor Corbett, then channels Pennsylvania State Police Commissioner, Frank Noonan, stating:

"Penn State does have a moral responsibility to the victims and to the community - and it has accepted that responsibility and is working with the victims in the civil courts."

It is clear that Corbett is continuing to let Penn State take the fall for the failure of the Pennsylvania Department of Public Welfare's and Centre County Children and Youth Services (CYS) failure to stop Sandusky's abuse back in 1998.   

It is also clear that Corbett, and his AG Linda Kelly, are continuing to use the Freeh Report (despite statements that it was "incomplete") to perpetuate the false claims that PSU officials knew the details of the 1998 investigation and knowingly covered up the crimes of Sandusky.   

As pointed out in this blogpost, state law (Pa. Code 055 § 3490.154) prohibited Gary Schultz from disclosing the details of the 1998 investigation to PSU officials.  Therefore, there was no concealment of knowledge of Sandusky's abuse nor could this information have been provided to the Board of Trustees.  

But Corbett and Kelly have every intention of pursuing this prosecution though it has little chance of succeeding.  The attorneys for Curley, Schultz, and Spanier will tear this case to shreds if it ever makes it to a court of law.  My money says it never sees the inside of a courtroom. 

The Bottom Line

Corbett is a petty politician who will stop at nothing in his attempt to win favor with the voters.  He is of the mistaken belief that this lawsuit will win favor with the considerable voting block of Penn State alumni in the Commonwealth.   Corbett knows that the alumni, who contributed to Kathleen Kane's landslide victory in the last election, are livid over Penn State's response to the NCAA and are hungry for action.  He believes that he can file this lawsuit on behalf of the citizens of the Commonwealth and now become a hero by fighting the NCAA.

Don't be fooled.

The Commonwealth has not sought a preliminary injunction.  In their request for relief, they are seeking a permanent injunction, which means when the case is over.  This case has no chance of being completely over for at least three years - the same time frame that the sanctions expire.

The NCAA will claim that the Commonwealth does not have standing.  It will take six to nine months for the case to be heard.  

Corbett is throwing a Hail Mary.  

If the Commonwealth survives the NCAA's motion to dismiss, then Corbett is hoping to negotiate a deal. That deal will not restore Penn State's or Joe Paterno's reputation, and more importantly, won't fix the system that is failing Pennsylvania's children  -- and that's not a deal any of us should accept.