Wednesday, April 26

Puzzling Plea Deals

The guilty pleas of Tim Curley and Gary Schultz do not provide evidence that they knowingly endangered the welfare of a child

Ray Blehar

April 26, 2017, 1:59 PM, EDT

Courtroom observers at the trial of  Dr. Graham Spanier noted that Commonwealth’s witnesses Timothy Curley and Gary Schultz appeared puzzled and at a loss for words to describe what they were guilty of when questioned by defense attorney Sam Silver.

There was a very good reason for their puzzlement because their guilty pleas did not comport with violating the child endangerment statute

Here are the relevant parts of their agreements.

Thursday, April 13

Has Fina reported Eshbach yet?

When Frank Fina got wind of grand jury leaks -- that didn't come from him -- he immediately called on a judge to investigate the matter.


Ray Blehar
April 14, 2017, 12:14 AM EDT 

The recent revelations by Mike McQueary that Jonelle Eshbach tipped him that the Sandusky charges were about to be leaked must pose a moral dilemma for Frank Fina.

Back in 2014, Fina wrote a letter to Judge William Carpenter after he learned that Philadelphia Daily News reporter Chris Brennan was in possession of (alleged) grand jury information.

Fina wrote:

" individuals who continue to be sworn to secrecy before the grand jury in question, we have an obligation to disclose this apparent breach of secrecy to the Supervising Judge."

Judge Carpenter happened to be supervising judge of all Pennsylvania grand juries and later assigned a special prosecutor and grand jury to investigate Kane.

Monday, April 10

Law & Evidence Favored the PSU 3

PSU officials could have won their cases had their attorneys stood by Schultz's testimony, the letter of the law, and a few other pieces of evidence

Ray Blehar

April 10, 2017, 10:06 PM EDT

Had former Penn State University officials, Timothy Curley and Gary Schultz not made plea agreements, it is very possible that the PSU 3 could have walked out of Dauphin County Courthouse unscathed.

For that to have happened, Gary Schultz would have taken the stand and stated that he made a report to Centre County Children and Youth Services (CC CYS) in 2001.  Given that the men were being tried together, his testimony would have cleared everyone.

Law & the evidence were on Schultz's side

The law and the evidence were on his and PSU's side -- and there was little chance of the Commonwealth producing evidence to convict any of them.

Schultz: PSU Reported 2001 Incident to CYS

Gary Schultz made numerous statements indicating he believed Centre County CYS was contacted about the 2001 incident - nothing at Spanier's trial changed that

Ray Blehar

April 10, 2017, 9:23 PM, EDT

Here is an excerpt from Gary Schultz's January 12, 2011 pre-grand jury interview memorializing that he believed a report was made to CYS:

When Schultz testified to the grand jury later that day, he repeatedly recalled that a report was made to “the child protective agency” in 2002 (sic).   The 1998 University Park police report confirms that Detective Ronald Schreffler contacted Centre County Children and Youth Services to "look into the matter."

Starting at page 212:

Sunday, April 9

The Leak That Wasn’t

Eshbach believed McQueary would be engulfed by a firestorm by Friday evening – but didn’t know technology would delay it by a day.

Ray Blehar 

April 9, 2017, 8:57 AM EDT 

When former OAG prosecutor Jonelle Eshbach called Mike McQueary on November 4th, 2011 to warn him about an impending leak of grand jury information, she likely believed he was about to be engulfed in a firestorm.

The world was going to find out that a former, stud college quarterback was the world’s biggest coward.

The draft Sandusky grand jury presentment detailing the horrific allegations against the founder of The Second Mile was going to go live on a public web-site – or at least that was the thinking.

Except that it didn’t happen.

Thursday, April 6

Caught In Their Own Trap

Eshbach and Fina set a trap to identify the OAG leakers and it worked.

Ray Blehar  

April 6, 2017, 9:30 PM, EDT

Former OAG prosecutor Jonelle Eshbach testified that she consulted with her then supervisor, Frank Fina, to set a trap to find out who was leaking information to former Harrisburg Patriot News reporter Sara Ganim.

She then told the court, “no one took the bait.”

Of course no one did. 

But the “trap” worked.

Tuesday, April 4

Cipriano/Big Trial: McQueary Blows Whistle On AG's Office


Showers And Leaks: Mike McQueary Blows The Whistle On AG's Office

Alex Brandon/AP
By Ralph Cipriano

At the Graham Spanier trial last month, Mike McQueary, the alleged whistleblower in the Penn State sex abuse case, made a surprising disclosure from the witness stand that backfired on the prosecutors who had called him to testify.

On March 21st, Deputy Attorney General Laura Ditka asked McQueary when he first heard that Jerry Sandusky was going to get arrested. Sandusky is the retired coach that McQueary allegedly saw in the Penn State showers naked with a boy.

It was during a bye week in the 2011 football season, McQueary told Ditka.

"I was on my way to Boston for recruiting and I was going from the F terminal over to the B terminals over in Philadelphia Airport," McQueary said. "And there was one of those little trams. The AGs called," he said, referring to the state attorney general's office. And the AGs, according to McQueary, "said we're going to arrest folks and we are going to leak it out."


Fina Perjury?

It appears that former OAG Prosecutor Frank Fina lied under oath when asked about the leaking of the Sandusky charges/presentment.

Ray Blehar  
h/t Gsindy

April 4, 2017, 7:38 PM, EDT

At Jerry Sandusky's PCRA hearing on August 23, 2016, former OAG prosecutor Frank Fina blamed the leak of the Sandusky charges and presentment on Centre County District Judge Leslie Dutchcot's office.

Given Mike McQueary's revelation that Jonelle Eshbach was behind the leak, it appears that Fina lied under oath.