Showing posts with label Belcher. Show all posts
Showing posts with label Belcher. Show all posts

Tuesday, April 22

Part 3: The Media’s Conspiracy of Silence

The media became willing accomplices of Tom Corbett and  the “Old Guard” BOT by not reporting exculpatory facts in the case of the PSU Three



By
Ray Blehar

The story so far:  In February 2014, I wrote Part 1 of this series, highlighting how the Pennsylvania Office of Attorney General (PA OAG) suppressed and manipulated evidence in order to charge former Penn State University (PSU) officials Curley and Schultz with crimes related to the Sandusky scandal.  Two weeks later, in Part 2, I revealed how the PSU Board of Trustees (PSU BOT) engaged with Louis Freeh and various public relations firms to perpetuate a false narrative that former PSU President Graham Spanier and deceased coaching legend, Joe Paterno had concealed Sandusky’s crimes from the public.  

After the release of the Freeh Report, Governor Tom Corbett piled on, condemning the actions of “the prior administration” and “prior people who were in control.”

Corbett stated:  “I’m very disappointed in the lack of forthcoming evidence to the subpoena that was given to them by the Attorney General’s office.” 

The statement was a continuation of a theme of misattribution – or assigning blame or responsibility where it didn’t belong.  It is a fact that Cynthia Baldwin received a letter from the Attorney General in December 2011 that admonished her for failure to comply with grand jury subpoenas.  The letter referenced information that was subpoenaed before Curley, Schultz, and Spanier had any knowledge of the investigation.  Moreover, Schultz was retired at the time of the subpoena, thus had no role in answering that particular request.  Corbett’s July 2012 statement was part of the Commonwealth’s strategy of trying the case in the court of public opinion.  Their allies in the media had the easiest job of all -- do nothing.  Let the public continue to believe that the AG's and Freeh's narratives on the case were not disputed by any of the legal proceedings.  As you will see, they carried out their part magnificently.  

 

Part 3: Keeping the PSU Three Convicted In the Court of Public Opinion

After the release of the Freeh Report, the PA government,  the “old guard” PSU Board of Trustees, and especially the local media did everything in their power to ensure that the PSU Three (Spanier, Curley, and Schultz) remained convicted in the court of public opinion.    

About three months after the release of the Freeh Report and Corbett’s presser accusing the “prior administration” of wrong-doing, the OAG made the Freeh Report "official" by issuing the Conspiracy of Silence presentment (or the Freeh Report-Lite).  The conspiracy and obstruction charges in the presentment were mostly based on the testimony of former PSU Counsel Cynthia Baldwin, who claimed that the PSU Three were uncooperative in responding to the grand jury subpoenas.

Sunday, August 4

Preliminary Hearing Transcript Highlights (from Twitter)

Here is a recap of some of the more interesting information I tweeted when reading the preliminary hearing transcripts.    I will provide more in-depth analysis as time permits -- because there are other parts of Mike's testimony that were inconsistent with his previous testimony.




PSU COMPLIED WITH SUBPOENA FOR E-MAIL....Where is the obstruction?



  1. pg80/Day 1/Corro: 1st asked to retrieve e-mail in April 2011 - subpoena 1179 was issued in Oct 2010 req e-mail/docs.



Note:  Baldwin asked for these e-mails in advance of Spanier's grand jury testimony.



SCHULTZ SECRET FILE UNRAVELS

  1. Pg. 32/Sassano states firm of Duane Morris went through Schultz's files - provided billing record of WC after November 2011
  1. Pg 77/Day 1/Belcher: "He (Fina) did not believe I was telling the truth." "He was looking for me to say that" Schultz told me to take file
  2. pg 77/Day 1/Belcher: Schultz rtned to work in Sept 2011 & never mentioned Sandusky investigation. Belcher unaware of any subpoenas

  1. Coble didn't know when file originated. That's the story. Also didn't know purpose of mtgs she scheduled for Gary.
  2. Pg. 66 Day 1 Belcher: FREEH BUSTED! Belcher and Schultz provided files to OAG in April. No "skill and luck" by Freeh group.
  3. Yes. It was a weak line up on Monday. No one above the Mendoza line....except McQ - whose lies were on steroids.

THE SCHULTZ SECRET FILE WAS NOT A SECRET
  1. Pg. 27 Day 1 Coble: Master list named every file in the bottom drawer. List distributed to entire staff. Some secret!
  2. Pg. 24/25 Day 1 Coble: Sandusky still active coach when Schultz told her about file. Can't recall when. Maybe 5 years b4 JS retired?


  1. TOM HARMON's TESTIMONY WAS.......INCREDIBLE

    1. Pg 144/Day 1/Harmon: Tho he can't remember riot and HUB takeover says he would have remembered the 2001 shower incident - if told
  2. Pg 143/Day 1/Harmon: No recollection of Schultz asking for the 1998 police file or of him providing it to Schultz. ?
  3. Harmon on riot/HUB takeover: "Again, I would have to have something to refresh my recollection on that." Recalls JS shower, but not riot.
  4. Pg 123/Day 1/Harmon: States Schultz should have recalled 1998 incident but Harmon can't recall a riot and take over the HUB ?
  1. Pg 116/Day 1/Harmon: Schultz note (previously unseen by public) correctly states DPW involved due to Second Mile providing youth services.
  2. Pg 116/Day 1/Harmon: Schultz note (previously unseen by public) says psychologist provided report to DPW. Confirms J. Lauro is a liar.
  3. Page 80/Day 1/Harmon > Although regional office for DPW is in Cresson, PA, a regional program representative from HARRISBURG to investigate
Note:  I suspected something was not quite right with "high profile" program representative Jerry Lauro's involvement in the case.  Perhaps we should call him Jerry "the fixer" Lauro -- as he was sent in to "fix" the Sandusky problem.



Monday, July 29

Some "Conspiracy of Silence" Charges Debunked Today

According to John Corro, PSU IT personnel provided e-mails to Baldwin in April and November 2011 - contradicting the narrative in the Conspiracy of Silence Presentment.

By
Ray Blehar


Obstruction of justice and criminal conspiracy charges stemming from  PSU's alleged lack of cooperation in turning over e-mails and the Schultz file took some serious hits today with the testimony of John Corro and Kimberly Belcher.

E-mails

Corro's testimony contradicted the version of events that was reported in the November 2012, Conspiracy of Silence grand jury presentment on page 38.  The charge stated:

  • The total lack of compliance with the Grand Jury's requests for information, such as Subpoena 1179.

According to the presentment (page 20-23), PSU did not provide any documents or e-mails in response to Subpoena 1179, which was issued in December 2010.

The testimony of John Corro contradicted the Commonwealth's charge on page 23 that IT employees were never asked to fulfill requests for Sandusky related information.  According to OnwardState, Corro stated that they were asked and complied with requests for e-mail searches on Curley, Schultz, Spanier, and Paterno.  Corro stated that they had turned over e-mails to Baldwin in April 2011 and November 2011.

Spanier's letter to the Board of Trustees from July 2012 confirmed that the e-mail evidence was indeed collected by PSU and turned over at his grand jury appearance in April 2011.

The Schultz file 


Given my previous blogging on the Schultz file, I was keenly interested to find out how Kimberly Belcher would testify about its provision to Gary Schultz, the OAG, and the Freeh Group.

A Patriot News article by Jeff Franz reported that Belcher, by her own volition, gathered up the files and delivered the originals to Schultz.  She then was going to tell the Freeh group about the file in January, but balked when a University lawyer was present.  She eventually turned the file over after being subpoenaed in April.

The OnwardState article by Jess Tully reported a similar version, except that the OS version implied that Belcher told the Freeh group about the file in January 2012 and that she was subpoenaed in April 2012, but the article was not definitive on the hand over of the file.

UPDATE  8/2/2013:  Transcripts reveal that Belcher stated Schultz turned the file over to the Office of Attorney General one day prior to her turning it over.  Both reporters missed this not so small fact?

Regardless of when the delivery of the files happened, the key takeaway of each account is that in neither case did Schultz request the file from Belcher, who delivered it to Schultz as part of things she thought he should have.  Also, Belcher testified that Schultz told her to cooperate with the investigation if asked.

Also, it is notable that Schultz testified about the existence of the file in January 2011 at his grand jury appearance, but was not working at PSU at the time and thought it might have been destroyed.  Schultz did not hide the file in any way, shape, or form.

Between the testimony of Belcher and Schultz, there is no basis for the charge (page 38) that:

  • Schultz hid the existence of pertinent files and notes.

My previous blogs on the Schultz file and the antics of Cynthia Baldwin also provide the evidence that the charge of Curley and Spanier hiding the existence of files is also baseless.

Conclusions

Today was the prosecutor's ball game and the testimony of Belcher and Corro didn't help the prosecution's cause.

While McQueary made the biggest news of the day with his revelation about Paterno talking to him about the 2001 incident every so often through the years, reports vary on what was actually said and it's best to wait to see the transcripts.