Saturday, May 29

Dishonest Shapiro Continues Cover Up Lie

PA Attorney General Josh Shapiro continues to repeat the lie of Tom Corbett, Linda Kelly, Louis Freeh, and numerous media know nothings that former PSU President Graham Spanier covered up the child abuse crimes of Jerry Sandusky.

Shapiro's tweet, above, contains false and defamatory statements because Shapiro knows that that not a single witness or document presented at Spanier's trial alleged that the former PSU President was ever informed of child abuse.

1.  Spanier did not "turn a blind eye to child abuse."

Gary Schultz and Tim Curley testified that they told Spanier it was horseplay.

The key witness, Mike McQueary, never spoke to Spanier.

No emails or notes (from 1998 and/or 2001) show that Spanier was ever informed of child abuse. 

2.  Spanier did not "cover up Jerry Sandusky's abuse."

Aside from never being informed of "abuse," there is no evidence of a cover-up.  

If this were an actual cover up, the eyewitness would have been sworn to silence (and possibly paid off),  there would have been no emails or notes to find, and the University's lawyer would not have been looped in.   

Instead, Spanier and others communicated openly about the incident on email, Schultz kept notes about the meetings, the University General Counsel reviewed the incident, the incident was reported to The Second Mile, and the eye-witness, Mike McQueary, was not told to keep quiet.  

There was no cover-up -- at least not by Spanier, Curley, Schultz, and Paterno.

And, by the way, what would the motive be to cover-up the crimes of a person who is no longer an employee, coach, or otherwise has no real involvement with the University?

The Real Cover-Ups

The real cover-ups in the Spanier case were carried out by officials of the Pennsylvania Office of Attorney General (PA OAG), the Pennsylvania State Police, Centre County Children and Youth Services (CC CYS), officials of The Second Mile (TSM), former PSU high ranking officials, and former FBI Director Louis Freeh.  

All of these groups took part in covering up (or not disclosing) exculpatory evidence.

Based on multiple sources of evidence, it became absolutely clear that Freeh, the PA OAG, the PSP, and some former high ranking PSU officials collaborated to frame Spanier and others for a "cover-up" of Sandusky's sexual victimization of children.

Former FBI Director Louis Freeh's role in the cover-up was making a proclamation to a world-wide audience that his investigative team discovered the 1998 and 2001 emails, as well as the so-called secret file of Gary Schultz.   

Freeh's July 2012 false statements further cemented the media's PSU "cover-up" narrative.

However, by July 2013, most intelligent people came to the realize that Freeh's statements were false. No one from his investigative team testified to recovering the emails or the Schultz file at the  preliminary hearing of Curley, Schultz, and Spanier. 

In fact, at that hearing, PSU IT employee John Corro testified to recovering the 1998 and 2001 emails in Schultz's email archive (in March/April 2011) -- however, there is not, nor has there ever been, a proper chain of custody for those emails.

According to court records, Corro turned the emails over to disgraced, former PSU General Counsel Cynthia Baldwin.   Baldwin, according to court records, promised to turn the emails over to the PA OAG and the grand jury judge by 15 April 2011.  

Nothing on the public record shows that Baldwin made the transfer. 

That said, the June 2014 Moulton Report confirmed that the Penn State emails were in possession of the PSP in July 2011 -- therefore, Baldwin turned them over to the court, the PA OAG, and/or the PSP prior to July 2011. 

In October 2012, Baldwin testified that she didn't know about the emails until the Freeh Report was published -- even though she had been before the court discussing the emails in April 2011.

However, the leak of the McChesney diary revealed that the 1998 emails were being circulated among PSU officials in mid-February 2012 and that the PSP possessed the emails at that time -- this was prior to Freeh's alleged discovery of March 20, 2012.   

Similarly, in February and early March of 2012, McChesney's notes detail discussions about the Schultz file that allegedly wasn't discovered by Freeh until May 1, 2012.     The notes state that the Schultz's file was "thick file missing - lot's of people said stuff was there."

And this bombshell:

"Exculpatory 2.26 email is on the top & they came in the same order where he says they contacted cps

That line of the diary confirmed information I received from two different sources -- multiple years apart -- that PSU contacted CC CYS and TSM about the 2001 incident (and they covered up that fact).

This exculpatory email was undoubtedly buried and not provided as part of discovery in the case.   

That fact should surprise no one. 

Mike McQueary's "my words were slightly twisted" email of November 2012  was withheld from discovery in the Sandusky case as well as the Spanier case.  

These omissions of the email weren't by oversight or by accident.  

McQueary's November 11th email was a problem for the PA OAG.    McQueary's credibility was critical to preserving the case against Spanier.  

To be clear, the PA OAG could obtain a conviction of Sandusky without McQueary's testimony, however, making the Sandusky case into a PSU cover-up case required McQueary to be a firm and credible witness. 

That email was "lost" somehow,  but then made an appearance during McQueary's civil case against PSU.   Interestingly, McQueary didn't have to face any questioning over that email -- even though it was public information at the time of the Spanier trial.  

Apparently, it never made it into the discovery evidence in that case and Shapiro, et al, got away with covering it up -- as well as using other altered evidence to convict Spanier.

What was Shapiro's motive?

He undoubtedly has his sights set on being governor and wants to have this high profile conviction on his resume.  

While Shapiro may be taking a victory lap now, it's only a matter of time before he and his prosecutors are -- like Fina and Baldwin before them - in front of the disciplinary board for their dishonest prosecution of Spanier. 

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