Showing posts with label 1998. Show all posts
Showing posts with label 1998. Show all posts

Friday, October 30

Feudale Confirms Sham Case vs. PSU 3

Feudale appears to confirm OAG wasn't going to prosecute the case against Spanier, Curley, and Schultz and that he is part of the Conspiracy of Silence that endangers children.


By
Ray Blehar

A July 14, 2013 email from Barry Feudale to the Inky's "corruption defenders" - Angela Couloumbis and Craig McCoy - appears to confirm that the Pennsylvania Office of Attorney General (OAG) prosecutors had no intention of trying former Penn State University (PSU) officials.

During the Sandusky trial, prosecutor Joseph McGettigan told Judge Cleland that "we're not going to try that case."  Feudale's emails shows he also got word that the prosecution of the PSU 3 was unlikely.



As I wrote here, Rod Erickson's notebook confirmed that it was Fina's intention to use the trumped up charges against Timothy Curley and Gary Schultz to get one or both to flip on former PSU President Graham Spanier.

Sunday, March 2

What you probably didn't know about the 1998 Sandusky investigation

The 1998 incident provided considerable insights into Sandusky's pedophile behavior and one of the cover-ups in this case.

By
Ray Blehar

The often repeated version of the 1998 story doesn't begin to tell the full story of what we assumed was the first incident that resulted in a child abuse investigation of Jerry Sandusky.   


During Spanier's grand jury hearing in April 2011, prosecutor Frank Fina mentioned the Commonwealth was told of a previous Sandusky investigation for illegal contact with a minor in 1984.  Fina stated they were unable to find police record of that incident.  Thus, the 1998 incident may not have been Sandusky's first brush with the law about child sexual victimization.

As for the 1998 incident, the popular version of it goes like this...

A boy arrived home with wet hair from showering with Sandusky after a workout on PSU's campus. That upset the mother and she called the University Park police who investigated the case.  The incident involved Sandusky giving the child a hug while they were both naked in the shower. After a lengthy investigation, no charges were filed and the case was closed by then Centre County District Attorney (DA) Ray Gricar.

As the Sandusky scandal unfolded, and police reports and psychology reports were released, the story broadened and the public learned that three other arms of government -- the PA Department of Public Welfare (DPW), Centre County Children and Youth Services (CC CYS), and the State College Borough police were also involved in the investigation, as was psychologist Dr. Alycia Chambers and unlicensed counselor, John Seasock.  

The Freeh report added additional information, when the "secret file" of Gary Schultz revealed notes that he had kept from his discussions about the case (presumably with University Park police Chief Tom Harmon).

A fuller picture of a botched investigation appeared, with conflicting evaluations of the victim, missing reports, and other bureaucratic bungling.   And what appeared to be a concerted effort by the Commonwealth and Louis Freeh to cover up the mistakes.

Ironically, the actions of Sandusky and his interactions with Victim 6 and the second boy, BK, were only examined superficially.  We just got the highlights.

When you examine the complete timeline of Sandusky and his interactions with these boys, what materializes is a story of a pedophile who surreptitiously accessed, abused, and then stalked a vulnerable boy.

The Timeline
April 1998: Sandusky met Victim 6 at a TSM picnic in Spring Creek Park.  

Sunday
5/3/98 3:36PM - Jerry called V6 to set up work out
5/3/98 5:42PM - Jerry called V6 to provide his arrival time
5/3/98 7:00PM - Jerry picked up V6 to go the workout
5/3/98 7:15-8:45 - Sandusky and V6 toured locker room, worked out, & showered. 
5/3/98 9:00PM - Sandusky dropped V6 off at his family's apartment

Monday
5/4/98  Mother & son met with police, CYS, and psychologist Chambers 

Tuesday
5/5/98 1:55 PM DPW's Jerry Lauro informed Schreffler he was following up on the case

Wednesday
5/6/98 9:19PM - Jerry called Victim 6 

Thursday
5/7/98 11:15AM  Lauro, Schreffler, & Weaver interview mother of V6 at apartment

Friday
5/8/98 2:00 PM Seasock evaluated V6

Saturday
5/9/98 12:10PM Seasock discussed evaluation with Schreffler

Sunday
5/10/98 4:20PM - Jerry called & left message for V6 to call him.

Monday
5/11/98 3:45PM - Jerry called V6 to invite him to go to Altoona. V6 responded that he'd  need his mother's permission.  Jerry also talked to BK and asked him how his baseball practices were going.

Tuesday
5/12/98 Jerry called V6 to ask to pick him up on the 13th.

Wednesday
5/13/98 3:55  Jerry called V6 to confirm pick-up
5/13/98 4:00  Jerry arrived. Confronted by mother about incident (Police eavesdropping)
5/13/98 4:05  Jerry left premises without V6.  Mother reported that the first time Sandusky came to her home, he came to the rear, sliding glass door.
5/13/98 6:00  BK reported Jerry was at his little league field (Gill Field) talking to him.

Tuesday
5/19/98 Jerry arrived at V6 apartment and is questioned by mother and admitted to showering with other boys before.  The mother informed Sandusky he should not attend any more of her son's baseball games.

Monday
6/1/98  11:00AM Schreffler and Lauro interviewed Sandusky.

What you likely missed in the official 1998 reports?

There are some lesser known facts from this case that few people know and then there are some things you can glean by reading between the lines.  


1.  Possible DPW/CYS Tip-offs to Sandusky/TSM.  According to member of TSM, they had no idea that Sandusky was investigated in 1998 and blamed Penn State for keeping the information away from them.  As most readers of this blog know, CC CYS was required by the Public Welfare Code to contact TSM at the outset of the 1998 investigation and put a safety plan in place.  Obviously, that didn't happen, but the idea that Sandusky or TSM didn't know about this incident until the end of the investigation is highly debatable.

As the investigation progressed, Sandusky appears to have called Victim 6 in close proximity to the times an action was taken on the case.  To wit:

On Monday 5/4, Victim 6 met with police & caseworkers.
On Wednesday, 5/6, Sandusky called Victim 6 at 9:19PM

On Friday, 5/8, Victim 6 was evaluated by Seasock
On Sunday, 5/10, Sandusky called Victim 6 at 4:20 PM

Was Sandusky trying to find out what the young boy had told investigators?  These calls were obtained from caller ID and the purposes are not stated in any report.

According to Sandusky's prison interview, he stated he was surprised when he was approached on June 1st by Schreffler and Lauro and claimed it was the first he had any idea he was under investigation.   

I'd take that statement with a grain of salt.

At least 16 known individuals and other unspecified persons definitely had knowledge of the 1998 incident, some of them who were friends and associates of Sandusky.  Those sixteen were:  

Subjects/Complainants:  Victim 6, his mother, and BK;

Police:  Schreffler; Weaver; Harmon, and Ralston (and other police);

DA's Office:   Arnold, Sloane, and Gricar;

Child Welfare:  Lauro, DPW (and his supervisor) and Miller, CYS (and associates)

PSU Officials:  Schultz and Curley 

Other:  Dr. Alycia Chambers (and associates), John Seascock


Former Police Chief Tom Harmon
Former Police Chief Tom Harmon, who was at one time a neighbor of Sandusky's and went to the same church as Jerry, could have been tipping him off to what was happening every step of the way.  Harmon deserves particular scrutiny in this case because he is the person responsible for mislabeling the police report as "Administrative Information" so that the media would not discover it.



Other State College policemen, aside from Ralston, were aware of the 1998 case.  One recalled Schreffler stopping by to ask someone to go on the first sting with him.  The mother also first called the State College police, who referred her to University Park.

Dr. Chambers reported one of her associates was familiar with Sandusky from interactions with TSM.  One way or another, it is likely word got back to Sandusky and/or TSM during those 37 days that he was under investigation.

2. Access without parental consent.  The fact that Sandusky came to the rear sliding doors of the apartment the first "known" time he came there indicates that he had been to (or at least by) the apartment without the mother's knowledge.  The mother was troubled by Sandusky coming to the back door and brought it up to the police on May 13th.  She asked  how he knew which back door was their's because there was nothing to identify the apartment. Given that her son was in little league, that activity gave Sandusky an opportunity for access without her knowledge.  It is likely that Sandusky  may have followed Victim 6 home from baseball practices (or perhaps gave him a ride home) and observed him enter the apartment through the rear doors

3. The workout and shower incident.  Most of the attention focused on the shower incident itself and the fact that Sandusky hugged the child while naked, however, there is more to the story.  

Det. Ronald Schreffler
First, Detective Ronald Schreffler testified that he believed Victim 6 did not fully disclose what happened to him, stating, and “I felt there was more that <redacted> hadn’t told me."

Schreffler's police report stated that Sandusky was "biting (kissing him on the arm)."  This fact was not brought out in most media reports or at the trial -- the only kiss most heard of was the one Sandusky gave the boy on the forehead during the workout.

Next, Victim 6 has never fully disclosed the details of the incident. He testified that things went "black" from the time he was in the shower with Sandusky until the time he arrived home.  This is consistent with the behavior of many boys who are vitcimized by a man.  Disclosures are often inaccurate and the level of abuse is typically disclosed incrementally. His memory of his arrival at home differs from that of his mother's.  Victim 6 always says his hair was wet, however, the mother told Dr. Chambers the boy's hair was bone dry.

His behavior after coming home indicates that something happened which made him feel "dirty,"   According to Schultz's notes and other reports, he took a shower after arriving home that night and again the next morning.  

Interestingly enough, the fact that he showered two times in the 11 hours after he had showered with Sandusky was not mentioned in the grand jury presentment, in the text of the Freeh Report, or at any time during the trial of Sandusky.  

Those omissions were not by accident.

The context of Sandusky's "playful" behavior with Victim 6 was also never fully explained.  The lowering of sexual inhibitions is usually done so gradually and skillfully the victim does not realize he or she is a victim until it is too late.  The activity can progress to fondling while wrestling, drying the child with a towel, massaging an injury, giving a back rub, tickling, playing a physical game, or cuddling in bed.  In this instance, Sandusky first got the boy on the floor by engaging in a game of "Polish soccer" (where a rolled up sock or tape ball would be kicked into a garbage can/target) then moving from that game into a wrestling match.  As we learned, Sandusky then worked out with the boy and suggested they shower.

Sandusky's coaxing of the boy to shower with him was also a typical pedophile behavior.  Again, he had selected a vulnerable boy who was at an age where he didn't fully understand what behaviors were normal between males.  When Sandusky said "all the guys do," Victim 6 believed him and took a shower with Sandusky, even though it made him uncomfortable.  This statement - "all the guys do" and similar statements are used by pedophiles in the seduction process of their young victims.

4.  Possible stalking behavior.  The fact that the mother told Sandusky to not attend her son's baseball games reveals that Sandusky, after being rebuffed on the 13th, he attempted to stay in contact with Victim 6 (without the knowledge of the mother) by attending his baseball practices.  

Of course, with Sandusky being a local celebrity of sorts, word filtered back to the mother that Jerry was hanging out at practice.  Even after she told Sandusky to stop going to her son's practices, he continued and the mother was forced to pull her son out of Little League.

Sandusky also exhibited this behavior with Aaron Fisher (Victim 1) and other boys at Central Mountain High School.  According to Vice-Principal, Steve Turchetta, when the boys broke off their relationships with Sandusky he became clingy and needy.   He got into shouting matches with the boys in which Turchetta played referree. Aaron Fisher testified that Sandusky followed his school bus home and chased him from the bus stop to his home, stopping at times to yell at Aaron to get into his car.  Fisher ran away, hiding behind bushes, as he made his way back to his home.

Victim 4 also testified that his "break up" with Sandusky was similar, with Sandusky becoming emotional and writing him "creepy love letters" in an effort to pull him back into the relationship.  

Conclusions

In 1998, a mother came forward purely out of the interest of protecting her son.  There was nothing for her to gain financially.  She protected her son from Sandusky as best as she could during the investigation, often paging the police when Sandusky would make unauthorized contact.   After the investigation concluded and Sandusky was cleared, she took steps to ensure Sandusky never had one-on-one access to her son again.

The victim's story of the incident, which he appears to be downplaying, has stayed consistent throughout and led to convictions on three sex offenses.  Only he and Sandusky may know what happened in that period that went "black."  

Sandusky's behavior far exceeded what is acceptable behavior for anyone who works with children in youth programs and were determined to be consistent with "grooming" according to Dr. Chambers.   His known actions with this victim clearly violated the statutes related to Megan's Law (i.e., sexual offenses).  His "need" to maintain contact with Victim 6 eventually forced the mother to pull the boy out of little league to ensure Sandusky did not have access without her knowledge. 

Numerous people were aware that Sandusky was under investigation and it is very likely that TSM and/or Sandusky was informed about it while in was in progress.

The Commonwealth and Louis Freeh attempted to bury one of the most important pieces of evidence in this case, if not the entire scandal -- that Victim 6 took a shower just hours after showering with Sandusky, then took another shower the next morning.  Police and caseworkers were aware of this fact, as well as over a dozen signs of possible child sexual abuse in this case. Despite the evidence of possible sexual abuse, DPW decided to "resolve the matter quickly" less than 10 days into the investigation.

There is more than one cover-up in this scandal and the evidence indicates that the Commonwealth and Louis Freeh were involved in covering up the failure of DPW in 1998.















Thursday, November 14

Victim 6 Case's Discovery Materials Could Reveal True Sandusky "Cover-ups"

While Judge Anita Brody ruled the claims of "vicarious liability" were not substantiated, expansive discovery could prove that a "civil conspiracy" took place

By
Ray Blehar

Recent headlines in the Victim 6 lawsuit against PSU trumpeted that the judge ruled against the University's request to delay the lawsuit and went on to discuss the broad range of documents requested for discovery.   

However, the ruling that could tell the story - and perhaps get the media's attention - will be the ruling on the claims of civil conspiracy and the associated discovery.

Victim 6's lawyer, Howard Janet said Penn State officials gave Sandusky access to campus facilities where he abused children. 

Janet argued that their client suffered from “the fruits of an unlawful conspiracy” that was designed to conceal the shower incident and shield the university from negative public reaction.

“Permitting Sandusky to remain as a coach with unrestricted access enabled the abuse to continue and strongly supports an inference that inappropriate sexual relations were condoned by Penn State,” Janet wrote.

The Law
 A plaintiff bringing a civil conspiracy claim is required to aver “material facts which will either directly or inferentially establish elements of conspiracy.”  Id. Additionally, a plaintiff must allege (1) the persons combined with a common purpose to do an unlawful act or to do a lawful act by unlawful means or unlawful purpose, (2) an overt act in furtherance of the common purpose has occurred, and (3) the plaintiff has incurred actual legal damage.  Id.  Importantly, absent a civil cause of action for a particular underlying act, there can be no cause of action for civil conspiracy to commit that act.

Janet Is Arguing the "Wrong" Conspiracy
First, Janet is trying to shoe horn this into a civil conspiracy by stating the abuse occurred due to an unlawful conspiracy at PSU based on the scant evidence in the Freeh Report.

If Victim 6's abuse occurred in late 2001 or later, he might have an argument but 1998 was the first known incident of Sandusky showering with a child to be reported to PSU officials. 

Next, there was absolutely no effort on PSU officials Schultz, Spanier, Curley, or Paterno to conceal the 1998  incident.    Prosecutor Frank Fina is on record that there is NO evidence Paterno was involved in a cover-up, however he is pressing on with his charges of "endangerment" based on the 2001 incident, not the 1998 case.

The report of abuse in 1998 was fielded by University Park police and jointly investigated with caseworkers from the Department of Public Welfare. The investigation was joined by the State College police and had involvement the Centre County District Attorney's office.  

To make an argument of concealment of the 1998 incident against Spanier, Curley, and Schultz is a losing argument.

Penn State's Senior Vice-President for Business and Finance, Gary Schultz, was informed by then-Chief of Police Tom Harmon that there was no criminality to the incident, thus neither Schultz nor any other University official could have believed there was inappropriate sexual relations, let alone condoned it. 


Janet is simply grasping at a straw, much like Kenneth Frazier did, to conclude Schultz believed there was "inappropriate behavior" based on a few words written on Shultz's note.  However, those words were most likely attributable to Tom Harmon, but also could have come from Detective Ron Schreffler or caseworker John Miller.

If Janet wants to win this case, he is going to have to cast a wider net and use something more that the faulty conclusions emanating from the fake investigation of Louis Freeh -- specifically, that the PSU BOT influenced the 1998 case.


Casting a Wider Net at Penn State

According to press reports, the legal team of Victim 6 made 33 discovery requests for a wide range of information from Penn State, including the names of everyone Freeh interviewed, the entire police file from 1998, and every single document the university gave the grand jury investigating Sandusky.

Freeh stated his team reviewed 3.5 million documents.  As Eileen Morgan pointed out, that was mathematically impossible to cull through that much information in the eight months Freeh's team got paid for not investigating the case.  

We also know that key word searches were performed for Paterno, Spanier, Schultz, Curley, and McQueary.  It is unclear what other search terms were used or if the PSU IT department or OAG computer forensics teams searched on other names.

However, if Howard Janet wants to prove a "civil conspiracy," he may want to use the chart below for the list of names to search in those 3.5 million records.




As you can see, some of the people who were around in 1998 were still on the BOT in 2011 as trustees or emeriti trustees, including Joel Myers, Cynthia Baldwin, Ted Junker, David Jones, Ed Hintz, Al Clemens, Anne Riley, Robert Metzgar, and Barry Robinson.  Janet may want to search those names and see what he comes up with.

Note that Schultz's name appears as Treasurer of the BOT.  His role on the BOT may be unfortunate for the other members if he instructed PSU's IT department to transfer the BOT e-mails (as he did his own) during the 2004 system switch-over.


Casting the Net At The Second Mile

Janet also filed suit against The Second Mile (TSM), however TSM's lawyers denied any knowledge of the 1998 incident, claiming that Penn State "concealed" evidence of that incident from their organization. TSM also continued to repeat the false story that none of Sandusky's abuse occurred during any programmed activities of TSM.  

TSM's claims are quite tenuous regarding its knowledge of 1998 -- and they made a similar claim when the story of the Sandusky investigation broke in March 2011.

 As I pointed out at Upon Further Review on November 9, 2013, TSM's Executive Director, Dr. Jack Raykovitz was being untruthful about TSM's knowledge of Sandusky's activities when he wrote the charity was "shaken" when it learned of the allegations in the March 2011 Sandusky grand jury.   A number of press reports and the testimony of Clinton County CYS Supervisor, Gerald Rosamilia, made it clear that TSM was informed of the Sandusky investigation at its outset on November 20, 2008.  Sandusky lost his clearance to work with children and abruptly resigned from the charity in the Fall of 2009.   Yet TSM continued to use Sandusky in their fund raising efforts and did not announce his "retirement" from the charity until September 2010. 

In the same op-ed, Dr. Raykovitz repeated the claim that the charity received no reports of abuse related to any official TSM activities.  

"Throughout our history, there have never been allegations made with regard to misconduct occurring during any Second Mile program."

That claim just doesn't hold water for the 1998 incident (and the 2001 incident).

First, TSM's 1999 Annual Report (not available on-line) shows that $75.242 was spent on the Friend/Friend Fitness program and that 48 "kids between both the State College and Indiana sites" were served by the fitness program by 36 mentors.  In the 2001 incident, the Annual Report shows $95,334 spent on the program and 40 participants.  Reasonable people (i.e., a jury) would probably conclude that Sandusky was using the Friend Fitness program as a means to take showers with youths.  Howard Janet's discovery request should include the Friend Fitness program records for all years there were victims.


As I noted in Report 1, Centre County Children and Youth Services (CYS) was required under the Public Welfare Code to notify TSM of the initiation and closure of the 1998 investigation, as well as work with TSM to put a protection plan in place during the investigation.  While it's clear the latter was not performed, it is unclear whether or not CYS made the notifications.  Despite the fact no records from an unfounded report would be available, Mr. Janet should utilize the provisions of the Public Welfare Code to make his case against TSM. 

Finally, the search terms for PSU's records should use the names of Board Members and key donors at The Second Mile, which can be obtained from their 1997 IRS 990 Form (for year ending 8/31/1998) and 1998 Annual Report.   Searches of data are cheap, so why not run these names on the PSU data and see what comes up (Moulton and the Feds do should do the same).


Freeh Whiffed on TSM and PSU BOT Nexus and Protected TSM

Report 2 exposed that only 12% of Freeh's findings related to the NCAA sanctions held water, however, one of the few that I found to be correct was that Spanier, Curley, Schultz, and Paterno did not interfere with the 1998 investigation.  

What is not certain is if any of the members of the BOT interfered or pulled strings to ensure Sandusky was not indicated as a child molester.   While the Freeh Report erroneously faults Spanier and Schultz for not informing the BOT about the 1998 case (clearly a duty that belonged to the PSU General Counsel, Courtney, under the Standing Orders of the BOT), the Freeh Report did not consider other means in which the BOT may have learned of the investigation -- namely from TSM, the police, or from CYS.  

In other words, the BOT may not have gotten official notification but certainly could have learned of it through unofficial channels.  And that is where the relationship between the PSU BOT and TSM comes into play.


Chapter 7 of the Freeh Report, titled "Sandusky's Post-Retirement Interactions With The University," fell woefully short in identifying any of the PSU BOT members, past or present, that had ties to TSM. 

The TSM Annual Reports from 2005 to 2010 showed that USSteel and Merck, both with high ranking officials on the PSU BOT, were donors to TSM.  In addition, other BOT members such as Lloyd Huck, James Broadhurst, Paul Silvis, Anthony Lubrano, and Linda Strumpf were donors.  Trustee Ira Lubert sat on the Southeast Region Board of TSM for several years.  Again, this information was available on public records and should have been identified in Chapter 7, but was conspicuously missing.  

Full, fair, and complete investigation?  Not by a long-shot.


Freeh Attempted to "Cover-up" for TSM
There are numerous other errors describing the relationship between PSU and TSM on page 107 to 109. but what is particularly notable is the last paragraph on page 109, which appears to provide a "cover-up" for TSM by making no mention of the Friend Fitness program.

"Second Mile also offered a "Friend Program," a mentorship program that matched a college volunteer with an at-risk elementary student.....Friend Program events included picnics, holiday parties, swimming, and bowling.  Sandusky sometimes participated in the Friend Program at the Altoona campus.  When he did, Sandusky often arrived accompanied by a boy for Second Mile who was not part of the invited group.  According to a Director of Programs at Second Mile, the last time he saw Sandusky participate in any Second Mile activities was in 2008."

The Freeh Report also states that TSM's summer camps on the PSU campus took place from 1999 to 2008, but TSM's Annual Reports ending August 31, 2009 and 2010 show that TSM paid $119,592 and $124,587, respectively,  for food and lodging to PSU for its camps.  Clearly, those camps took place on PSU's campus through 2010.  I suspect the 2008 cut-off was done to protect TSM from criticism or liability for allowing Sandusky to interact with children after he was indicated for abuse.

(Note:  Similar tactics were used in later news articles written by Sara Ganim in the Patriot News)

Conclusion

For Howard Janet to succeed in the "civil conspiracy" case, he must widen his scope past the false allegations made in the fake investigation conducted by Louis Freeh.

Janet must use the discovery materials to dig into the areas that the original Sandusky investigation and the fake Freeh investigation failed to explore -- specifically, the PSU BOT, TSM, and DPW.  


Given the power and influence of the PSU BOT and TSM Board members, particularly their associations with government officials, I find it curious that the 1998 investigation was taken over by an investigator from Harrisburg, rather than the office that had jurisdiction, in Cresson.  

If there is a civil conspiracy in this case, it spans at least these three organizations, and possibly a few others.


Read more here: http://www.centredaily.com/2013/10/17/3842964/sandusky-victims-lawyers-request.html#storylink=cpy




Thursday, October 31

Does 2001 Timeline Reveal DPW/CYS Was Called and Failed to Act?

The delay in PSU officials speaking with Sandusky in 2001 is very similar to the delay in 1998.  Does the delay suggest that DPW/CYS was asked to investigate?

By
Ray Blehar

Some of the most important information in an investigation can be learned from thoroughly examining timelines, dates, and times to determine what exactly happened.

In Report 2, I criticized Louis Freeh's report because it contained only one somewhat comprehensive timeline in the beginning of the report.  As readers of my reports and blogposts know, the specific timelines of various incidents in the Sandusky scandal have revealed some very critical information.

A few examples follow:

-- That Mike McQueary had to tell Joe Paterno that the 2001 incident happened around a corner to enable Curley and Schultz to inform Spanier of the same information;

-- That DPW official, Jerry Lauro, lied to Sara Ganim of the Patriot News regarding his lack of knowledge of the psychology reports in the 1998 case; and,

-- That Ray Gricar did not close the 1998 case on June 1, 1998 because there was no time for him to review the police report, which was completed on June 3, 1998.

1998 - 2001 Timelines

The timelines in the 1998 and 2001 cases have a few things in common that indicate PSU was the more diligent party in terms of investigating Sandusky and that perhaps indicate DPW/CYS intervened in the 2001 case.

First Scheduled Interviews With Sandusky
According  to the 1998 University Park Police Report, ADA Karen Arnold instructed Detective Ronald Schreffler to interview everyone involved as soon as possible (see page 5).  DPW's Jerry Lauro contacted Detective Schreffler and stated that Sandusky was scheduled to be interviewed on the morning of May 7, 1998 (see page 8).  On May 7, 1998, Lauro met with University Park police but there was no interview of Sandusky.  No explanation is available regarding why the interview did not occur.

According to Gary Schultz's handwritten note of 12 February 2001, Tim Curley was supposed to meet with Jerry Sandusky on Friday, February 16.  This interview was also postponed and no one - not even crack investigator Louis Freeh - has provided a reason for the postponement.

Based on the timeline comparison, it is uncanny that both initial meetings with Sandusky were planned for the first week of the investigation, but both were postponed (with no reason given).





Interviews with Sandusky Delayed By Weeks
In both the 1998 and 2001 cases, the interview of Sandusky eventually takes place, but only after several weeks pass.  In 1998, three and a half weeks (25 days) go by before the police and DPW talk to Sandusky.  According the the testimony of former police Chief Tom Harmon, the police had scheduled another interview with Sandusky on May 27, 1998 - only to have CYS call it off because DPW could not attend.

In 2001, Tim Curley eventually met with Sandusky on March 1 or 2 according to the e-mail records and Spanier's notes referencing the case.  Therefore, about three weeks pass (22/23 days)before PSU  speak with Sandusky.  On March 7, 2001, Curley closed the loop with Joan Coble informing her that he informed Gary Schultz he had met with Sandusky/Second Mile.  (Note:  The Freeh Report incorrectly stated that Curley met with Second Mile on March 19, 2001).




The Middle
What happened between the initial scheduling of the Sandusky interview and the actual interview was also somewhat similar.   After May 7, 1998, there was little to no involvement of DPW and CYS in the investigation, aside from bringing in John Seasock to do an evaluation of Victim 6.  Conversely, the University Park police ran two different stings (May 13 and May 19) as well as fielded a call from the Mother of Victim 6 about Sandusky's contact with her son on May 11.

The only activity in the investigation in 2001 was the Schultz/Curley interview of McQueary, occurring on or about February 19, 2001 and the activities on 25 to 27 February to reschedule the interview with Sandusky. So it is interesting that there is some evidence of a possible report, but no specific information on the public record about an investigation.



I submit that the timelines, specifically the delays in interviewing Sandusky, provide an indication that DPW or CYS had  likely been contacted and intervened - at least temporarily - in the 2001 case.  Their intervention delayed PSU's interview with Sandusky.  The timelines also indicate the PSU officials were more diligent about addressing the Sandusky allegations than were state officials.


Penn State Deliberations About Sandusky

The Schultz note of 12 February 2001 reflects a plan that was developed on or about the time PSU would have been required by law to report the incident to DPW/CYS (i.e., 48 hours from first report on the morning of 10 February).  Therefore, it makes absolutely no sense for Schultz to make a plan of contacting DPW outside of the 48 hour window required by law.

So, why the reference to DPW in the note?

Two Issues To Resolve
There are two issues at play in this case, not just one.  One issue is completely within DPW's control, while the other is in PSU's control.

The first issue is that PSU must deal with a report of suspected child abuse.  According to the evidence, research on "suspected child abuse" and conferences with Gary Schultz were conducted between Courtney and Schultz about that issue.  Both men believe the end result was a report to local child welfare authorities.   Also remember there was the slip-up by Agent Sassano stating that a record of the 2002 (sic) report was in the possession of DPW (Sassano has yet to correct the record).

The second issue at play is Sandusky's inappropriate use, as an emeritus faculty member, of PSU's facilities with youths from The Second Mile (TSM).  This issue is such that it could be addressed almost immediately by the PSU administrators.  It is probable that the Schultz note of 12 February 2001 was the plan for dealing with the facilities use issue -- not the plan for dealing with suspected child abuse.

The reference for calling in DPW "as an independent agency concerned with child welfare" is likely a result of Schultz's review of the 1998 case and his discussions with Harmon over the conflicts of interest between TSM and Centre County CYS in 1998.

It is likely that Schultz did not believe that he could go to Centre County CYS if Sandusky and Second Mile "pushed back" on PSU's directive for Sandusky to not use the facilities with TSM youths.  If the "push back" from TSM and Sandusky occurred, Schultz believed he would get a better result if he raised the issue to DPW.

E-mail Authenticity (or lack thereof)
While Freeh, Frazier, the majority of the media point to the e-mail of February 27-28 (Freeh Report, Exhbit 5G) as evidence of Curley, Schultz, and Spanier's decision not to inform DPW, the testimony of Braden Cook proved that this e-mail was not authentic.  According to Cook, his team was provided the Schultz e-mails for a second time on July 2, 2012 (page 70).

The e-mails were first provided in March 2011 (page 69)  on a DVD after it was discovered that the Schultz data was not in their inventory provided to them PSU's John Corro.   John Corro testified to providing three USB keys of data to Cynthia Baldwin.   That means none of the "incriminating" e-mails in this case was pulled from a forensic hard drive or a copy of a forensic drive.  Cook did not say who provided him with the Schultz e-mails in July 2012, however he testified that he was providing e-mail information to Freeh's team and the PSU lawyers for attorney-client privilege review (beginning in late Fall 2011).

Government and private sector document and computer forensics experts who were consulted regarding the authenticity of the e-mails agree that the evidence is suspicious, but that tampering can only be determined through comparison with data from the hard drives. Freeh's history with evidence tampering, as well as Ken Frazier's insistence that the documents in this case provided the information the Board needed to come to make decisions in the case, provide valid reasons to believe the Schultz e-mails may have been altered.

Keep reading and you will discover that the stakes in this case were high enough for Freeh  - who was identified and recommended for the job by Governor Tom Corbett - to make the evidence fit a pre-determined conclusion.

The Inconvenient Truth of the Sandusky Case

The inconvenient truth that the Commonwealth does not want the public to learn, is that DPW and CYS routinely fall short when it comes to protecting children and indicating child abusers.  The grand jury presentment of November 2011 did its best to hide the failures of DPW and CYS to take Sandusky off the streets in 1998.  And I suspect it has done the same in the case of the 2001 incident.

The record of failures of CYS and DPW to properly intervene in child abuse cases and protect PA's children is staggering.  Based on a 2008- Health and Human Services review of DPW, children continue to be harmed in 43% of the cases after abuse is reported.  Mathematically, this computes to an estimated 11,000 abuse cases and approximately 200 deaths since 2002 (the original date of the McQueary report).

Those are just numbers, however.  The stories behind the numbers are quite interesting.

Many of you might recall the story of Aleta Bailey.  Aleta was a little girl in York County who was reported to have been beaten by her mother's live in boy friend, Larry Hake.  The York County caseworker on that case, Beverly Mackereth, requested a police escort for herself because she felt unsafe to investigate the case because of Hake's reputation as a violent man.  After taking Aleta to the hospital to be examined, Mackereth sent the little girl back into that environment - requiring that there be another adult present when Hake was near Aleta.  Five weeks after that order, Aleta was raped, tortured, and murdered by Hake.  The hospital nurses found bruises and swelling on all parts of her body, including her feet.

Most rational people would question how Mackereth retained her employment after this incident, thus it is truly mind blowing that she not only kept her job, but is now the Secretary of DPW.  From 2011 to her promotion in March 2013, she was the Deputy Director of Children and Youth Services -- the agency with the mission to protect children.

In another case I investigated, a child lodged complaints to Clearfield County CYS officials about the abuse suffered at the hands of the parent over and over again.  CYS refused to investigate the case because they had previously investigated and cleared the parent.   The child attempted suicide, but before doing so had vandalized the home.  The child survived, but afterwards was charged with vandalism and had to make restitution. No action was taken against the parent.  The child remains emotionally damaged.

One of the more interesting cases is that of former psychologist Jim Singer, again in Clearfield County.  Dr. Singer saved a young girl's life by reporting her abuse and taking the extra step of hiring his own attorney to approach a judge to get a protective order for the child.  The judge issued the order. A state police investigation of the case revealed that Clearfield County CYS never investigated or even filed a formal report of the abuse incident.  Instead, CYS and other entities retaliated against Singer for reporting the abuse resulting in the loss of his license to practice psychology.  There have been other retaliatory cases in Centre County, though not as extreme as what happened to Jim Singer.

What becomes apparent after studying the issue of child abuse is that the failure to report child abuse is not a problem in Pennsylvania.

The problem is what happens AFTER a report of child abuse is made.  I suspect that the 2001 case is another example of DPW failing to protect Pennsylvania's children.



Coming Soon:  The Failure to Report Child Abuse "Dog and Pony" Shows