Showing posts with label Frank Fina. Show all posts
Showing posts with label Frank Fina. Show all posts

Friday, February 26

Wendy Silverwood: 2/26/2016 Public Comment to BOT

At the core of any community is its values -- the shared ideals about how people should act toward one another, the standards to which we hold ourselves, and those beliefs we find important.

I wanted to address two of these Penn State core values out of the six that are published.

INTEGRITY: We act with integrity and honesty in accordance with the highest academic, professional, and ETHICAL standards.

Conversely the integrity, professional and ethical standards of individuals within our former Office of Attorney General ran counter to those of the University.

Frank Fina was the star prosecutor in that office — the guy who made Governor Corbett’s career.

Fina, along with other officials including those involved with the Sandusky case are caught up in what we now know as ‪#‎PornGate‬ and ‪#‎HateGate‬.

Among the hard core pornography Fina circulated from his office, much of it included images of women engaged in anal sex, oral sex and group sex.

Images of women being VIOLATED with various objects.

Recall that prosecutor Fina supervised that inflammatory grand jury presentment indicting Tim Curley and Gary Schultz with failing to report a crime of violation.

A crime acoustically and physically impossible as described, and later born out as untrue by evidence and testimony to a jury in the courtroom.

Yet nevertheless the media has repeated this singular lie as if it were the unassailable truth.

Prosecutors have a license to lie. It is not a stretch to see who was behind that lie.

Not once has Penn State ever paused to reflect on the established ethics, honesty and integrity of Tim, Gary, Graham & Joe – instead you chose to question and disbelieve.

Perhaps you should seriously question the ethics, honesty and integrity of Frank Fina.

RESPECT: We respect and honor the dignity of each person and embrace civil discourse.

Civil discourse ceased the moment John Surma stepped over Steve Garban’s body to ax Joe in an ill-timed, late night press conference carrying out a personal vendetta.

Civil discourse was replaced by verbal and physical harassment, death threats, vandalism and horribly flawed, sensationalist reporting in a media stampede.

Respecting the honor and dignity of Joe, Tim, Gary, Graham, the Lettermen, the student/athletes and the Penn State community at large, vaporized when a former prosecutor with a License To Lie indicted and smeared us all on July 12th, 2012.

Fina and Freeh chose to dishonor by selectively leaking to the media, even including a few Board members to carry out their deeds.

I ask that you respect and restore that honor to these people and their families and you insist on civil discourse by the media and the public.

Frank Fina and his fellow gunslingers in the Office of Attorney General reigned with fear & intimidation. It meant there were no holds barred on anybody who worked there.

These same prosecutorial bullying tactics were used to silence and discredit Tim Curley and Gary Schultz – suppressing evidence, falsely charging them and corruptly cooking up a scheme to charge Graham Spanier.

Appallingly, your own General Counsel helped with the deception.

Frank Fina’s email scandal of #hategate and #porngate has ripped open a constitutional crisis in our commonwealth.

It has exposed a network that ascribes to core values of Intimidation, Misconduct, Malfeasance, Dishonesty & Deceit.

A set of values that are antithetical to the values of Penn State.

Values that have destroyed lives, livelihoods and reputations, and shaken the very core of the community.

Is this our new standard?

Thursday, April 24

FEAR & LOATHING in HAPPY VALLEY - The BALDWIN DUPLICITY and The CONSPIRACY OF SILENCE

CYNTHIA BALDWIN - Who is this Woman? 
And how can we explain or even understand her actions ?  

By all biographical and outward signs, Cynthia Baldwin is a major success story:

PSU BA in English 1966, MA in Amer. Lit 1974. Worked as a teacher, English professor and Asst. Dean of Students at PSU's Greater Allegheny Campus. JD from Duquesne 1983, Prosecuting Attorney Bureau of Consumer Protection. First black woman elected to the Allegheny County Court of Common Pleas 1989 - 2006. Appointed interim Supreme Court Justice by Governor Ed Rendell.Jan 2008 Duane Morris, LLP -. appellate litigation non-profit issues. VP / General Counsel at PSU Jan 2010 to announced resignation in Jan 2012   President PSU Alumni Assn 1989-91.and Chair of the Board of Trustees 2004-07.

What happened to Cynthia Baldwin seems a complete mystery? 

Continuing yesterday's  PROSECUTION or PERSECUTION - CONSPIRACY of SILENCE we can compare Graham Spanier, Tim Culey and Gary Schultz's actions to Cynthia Baldwin - the person these administrators believed was representing them and Penn State at the Grand Jury.

PSU President Graham Spanier was a good friend and benefactor to Cynthia, putting her name forward for several awards and honors over his 16 years at the helm of PSU. He approved her request to resign from the board and take over as in-house General Counsel & VP when the Board decided to go with in-house counsel in January 2010. Turns out that may be the biggest mistake Graham ever made. 

In 2012, Graham Spanier was under review for a very high security clearance from the Department of Defense and the Intelligence community, since he was involved with:
National Security Higher Education Advisory Board,
The National Counterintelligence Working Group, and
The Board of Advisors for the President at the Naval Postgraduate School & War College


How does that make any sense, Cynthia? How can a person make 180 degree opposite claims in 6 months. In early 2012 Spanier is a "forthcoming open man of integrity" - half a year later he's a "misleading liar". 

When you read the POST HEARING MEMORANDUM from Graham Spanier's Attorneys you will be even more astounded at Cynthia Baldwin's behavior and statements along with the court's acceptance of this behavior. Typically I would not suggest a full reading of a long legal document, but this one is simply astounding. Some excerpts:

Wednesday, April 23

PROSECUTION or PERSECUTION - The CONSPIRACY OF SILENCE

FEAR & LOATHING in HAPPY VALLEY - PENN STATE LEADERS UNDER ATTACK
by Barry Bozeman
“ The District Attorney is a quasi-judicial officer. He represents the commonwealth and the commonwealth demands no victims. It seeks justice only--equal and impartial justice-- and it is as much the duty of the district attorney to see that no innocent man suffers as it is to see that no guilty man escapes. Hence, he should act impartially. He should present the commonwealth’s case fairly, and should not press upon the jury any deductions from the evidence that are not strictly legitimate. When he exceeds this limit, and in hot zeal seeks to influence them by appealing to their prejudices, he is no longer an impartial official, but becomes a heated partisan.” Bailey v. Commonwealth, 193 Ky. 687, 237 S.W. 

In Nov of 2012 mere weeks prior to relinquishing the office to which she was appointed by Tom Corbett, Linda Kelly once again takes the stage to proffer charges against Penn State's former President Graham Spanier and to alter the charges against former AD Tim Curley and VP Gary Schultz. 


SMSS was on this development prior to the typical staged circus designed by Kelly et al to maximize the theater for the chattering hyena class sometimes known as the media. Once again she fills her stage with a large supporting cast, this time featuring more uniforms than a meeting of the Chiefs of Staff. 

One thing leaps out at us from the beginning when taking more than a cursory glance at this freak show. What exactly was the motive for this Conspiracy of Silence touted by the Freeh Fiction and the Persecution? Why would covering for an ex-coach no longer on the payroll of PSU be of the slightest benefit to Graham Spanier, Tim Curley or Gary Schultz? Please keep that in mind as you delve deeper into this morass of prevarications. 

Monday, April 21

PROSECUTORS - POWER CONFLICT and CORRUPTION with UNLIMITED RESOURCES

FEAR & LOATHING in HAPPY VALLEY
by Barry Bozeman (an homage to Dr. Gonzo, who would have done justice to this story)
Prosecutors are “shepherds of justice.” When a government lawyer, with enormous resources at his or her disposal, abuses power and ignores ethical standards, he or she undermines public trust and inflicts damage beyond calculation to our system of justice. This consequence, alone, compels the responsible and ethical exercise of this power.
CORBETT, KELLY, BEEMER, FINA, BALDWIN, and FREEH



These 5 PROSECUTORS have the wealth and power of the entire Commonwealth of Pennsylvania at their disposal and, in the case of prosecutor Freeh, 8.2 million Penn State dollars that he used to trash The Penn State Culture. 

CORBETT and BALDWIN both hold or held positions on the Penn State Board of Trustees. 
CORBETT became GOVERNOR.
BALDWIN was the GENERAL COUNSEL for Penn State University.

CORBETT was ATTORNEY GENERAL when the Grand Jury was convened. 
KELLY was CORBETT'S hand picked successor. She did not seek election.
BEEMER was KELLY'S chief of staff. 
FINA was lead prosecutor on the Curley, Schultz, and Spanier cases until he resigned. 
BEEMER took over for FINA.

The SLIME also RISES -- Segments of the following contain language and descriptions Dr. Gonzo might have used were he still with us. Hunter S Thompson (HST) was a master of descriptive hyperbole for effect. Picture: by Ralph Steadman, HST's artist of record.
PROSECUTORS PLAN NOVEMBER 5 PRESS CONFERENCE TO PERSECUTE PENN STATE
Well ... to hell with writing with reserved respect for the subjects of this essay. These malicious mendicants feeding from the public trough don't deserve polite measured consideration. These are bottom-feeding mutants on steroids, unfit for reason or respect. The Commonwealth has had more than its fair share of slimy creatures dredged up from permanently smoldering underground coal pits and fracking contaminated aquifers, particularly the prosecutors and judges who seem to flourish while committing some of the most heinous crimes in memory, crimes against children -- KIDS FOR CASH

CORBETT is a real piece of work. You can contemplate his Lebanon Valley BA and St Mary's Law Degree, as the absolute minimum requirement. His stint as counsel for Waste Management is so odorous that he has wiped it from his bio. As a prosecutor, Corbett is ethically unfit by the standards set forth by the American Bar Association: 
“ The duty of a prosecuting attorney is not to persecute, but to prosecute, and that he should endeavor to protect the innocent as well as to prosecute the guilty. He should always be interested in seeing that the truth and the right shall prevail….”
The muddy, blood-spattered path from prosecutor to higher political office is well worn and often traveled. PA politicians have plumbed the furthest depths of this sewer more often than most. It's an obvious route, where vastly superior resources in staff and wealth are pitted against individuals forced to pay hideous amounts of money to well-connected mouthpieces or suffer the consequences of representation by a court-appointed well meaning dullard of less than equal wit with none of the resources. Prosecutors have all the advantage and, too often, pursue publicity or a high conviction rate at the expense of truth or justice. The current reigning champion example of this being The West Memphis Three

Saturday, March 22

Kane vs. Fina: Will the excuses for foot-dragging the Sandusky investigation go up in smoke?

The Philadelphia Inquirer's "anonymously sourced" article about AG Kane's shut down of a bribery investigation appeared to be a desperate attempt at a preemptive strike by Frank Fina

By 
Ray Blehar

Last Sunday's Inky article about AG Kane shutting down a bribery (sting) investigation totally backfired on the not so "anonymous" sources who leaked the information.  Within hours of the story being posted, close followers of  the Sandusky Scandal were calling out former OAG Prosecutor, Frank Fina for leaking the information to the paper,  Those in the know understood that this was an attempt to smear Kane before she dropped the hammer on Fina for his role in the botched three-year investigation of Sandusky.

Casablancapa.blogspot.com called it "A PREEMPTIVE STRIKE"

Conversations on twitter echoed that sentiment and also pointed to a Legal Intelligencer article from March 2013 in which "anonymous sources" threatened to "go public" if Kane's investigation of the Sandusky investigation were 'overly critical' of their work on the case.  The LI noted that one of its sources formerly held a leadership post in the OAG.

Wednesday, January 1

2014 is here and the Sandusky scandal is not a "distant memory"

Then PSU BOT Chair Karen Peetz was wrong about Sandusky scandal being a "distant memory" by the time 2014 got here.  

By

Ray Blehar

In November 2012, then-PSU BOT Chair Karen Peetz, in response to a question about the impact of the Sandusky scandal on finding a new president to replace Rodney Erickson, said ""By the time someone gets here in 2014, it will be just a distant memory."

It's New Year's Day 2014 and it's clear that Peetz got it wrong.


Not only is the scandal not a distant memory, but with the departure of football coach Bill O'Brien, it is quite certain that talk of the scandal, the unwarranted NCAA sanctions, and the fall out at PSU will permeate the airwaves during the period up to and after the selection of PSU's next head coach.


But Peetz's statement was clearly wrong before the recent news about O'Brien broke.


As we have learned, the wheels of justice in Pennsylvania have turned very slowly for former PSU administrators Tim Curley and Gary Schultz, and former President Graham Spanier and interest remains high in the outcome of their criminal trials.  


The latest turn in the saga came last week, with the release of former PSU General Counsel Cynthia Baldwin's grand jury testimony and the revelations that she told the judge "she represented the University solely" then sat silently as she heard Graham Spanier state she represented him.  


Most legal experts who have weighed in believe that Baldwin's conflict of interest and breach of attorney-client privilege will doom most of the case going forward against the PSU three.  


However, the Sandusky scandal was the proverbial bad penny that PSU could never get rid of, mostly because of the ham-handed management of the scandal's aftermath by the BOT and continuing ineptness from it's PR mouthpiece, David LaTorre.


Had the BOT's intention truly been to move forward and put the scandal behind the University as quickly as possible, it would not have hired Louis Freeh to perform a sham investigation then hold a grandstanding press conference to announce the findings.  It wasn't until the PSU BOT had used Freeh to wrongly blame Paterno and the football program for enabling Sandusky's crimes and then were complicit with the NCAA to levy near death-penalty sanctions on the football program, that they decided it was time to move forward (and put the scandal behind the University).


As e-mails from the Pennsylvania Department of Education revealed, the PSU BOT Special Investigations Task Force, who hired Freeh, disbanded just days after he issued his factually challenged report.   Apparently, the task force never reviewed the report, nor did the BOT.  Their desired result was achieved:  the truly criminal elements at PSU were not exposed and Freeh reasonably concluded that Paterno and the administrators were enablers of Sandusky's abuse, with their reputations smeared.


In retrospect, the BOT's moving forward might have actually worked had they not decided to lump Paterno in with the administrators.  The evidence of Paterno's knowledge of the 1998 incident was practically non-existent and anyone who can read English knew that there was no change to any plans in 2001 based on anything Paterno said.  


The railroading of Joe Paterno so obvious (to everyone except the media) that there was no way the PSU alumni were going to move forward until the truth was exposed. 


In September 2013, when prosecutor Frank Fina was asked about Paterno's role in covering up Sandusky's crimes, he responded, "I did not find that evidence."  Fina's statement confirmed the railroading of Paterno.


Fina's statement also validated the $64,000 question that the alumni continue to ask: "what is so important to keep hidden that the PSU BOT would trash Joe Paterno and his legacy, the University, and the football program, as well as pay nearly $100 million,  in order to keep it from being discovered?"


The good news on this first day of 2014 is that PSU alumni, friends, and fans are not the only people who are looking for the answer to that question. 


Over the last few weeks of 2013, there was an uptick in interest about the "back stories" of the Sandusky scandal by a handful of journalists.  The Federal investigation and the PA Attorney General investigations continue to press forward.  And reliable sources indicate that the Spanier defamation case against Louis Freeh may soon go on the offensive.


The Sandusky scandal is far from a "distant memory" and the people who have been part of the  offensive against PSU for two years are finally going to be put on the defensive. 






Thursday, December 26

Does Fina's in camera argument reveal earlier possession of Schultz e-mails?

Prosecutor Frank Fina's references to e-mails containing metaphors and "illusions" (sic) to Jerry Sandusky, as well as Corro's testimony, provides evidence that the OAG had versions of the 1998 and 2001 e-mails prior to April 13, 2011.

by
Ray Blehar

The statements of prosecutor Frank Fina on April 13, 2011 appear to negate the obstruction of justice charges filed against the three Penn State administrators in the so-called Conspiracy of Silence.

The November 2012, Conspiracy of Silence grand jury presentment (pages 38-39) stated that Spanier, Curley, and Schultz were charged with obstruction of justice for failing to turn over documents and e-mails  that would have been responsive to Subpoena 1179.  Former Attorney General, Linda Kelly, charged that "pertinent emails and other key evidence were never turned over until April 2012, after these men had left their jobs."

However, the April 2011 statements made by Frank Fina during his in camera response to Baldwin's oral motion to quash the subpoena indicate his contemporaneous knowledge of what Louis Freeh called "the most important documents in this investigation."  That reference was to the e-mails between Schultz, Spanier, and Curley that Freeh  lied about making "independent discovery" of when he grandstanded at the July 2012 press conference.

This revelation of Fina's knowledge of the 1998 and 2001 e-mail evidence appears to rip the cover off of the suspected conspiracy/collusion between the OAG and Freeh -- and perhaps PSU and the NCAA.

First and foremost, Fina argument is in support of the subpoenas from 1997 and earlier, thus you can deduce that e-mails from 1998 and forward are already in the state's possession.

In order to bolster his argument, Fina described the characteristics of "metaphors and masked comments" that were found in the e-mails from 1998 and 2001.

  • On page 15, lines 1-4 of the Spanier colloquy, Fina discusses those characteristics as follows: "they write off-hand comments, they write masked comments and metaphors may prove very worthwhile for us to review and see if there is any information related to what we are looking for."
  • On page 26, lines 6-10, Fina futher justified the request that PSU provide "any of those e-mails, subsets of those e-mails that relate in any fashion, whether they are illusions (sic) or direct statements to Mr. Sandusky, that those would be culled out by the University and provided directly to the Office of Attorney General."  

In 1998, a metaphor -- the word "Coach" -- was used on two occasions to describe an individual involved in the discussion about the Sandusky investigation.  In 2001, the metaphors "individual," "agency," and "other one" were used to describe persons and organizations involved.

It appears, based on Fina's statements, that the e-mail evidence giving rise to the obstruction of justice charges was handed over in March or April of 2011, nearly a year before the OAG and Freeh claimed they initially possessed them.

One of the unwritten rules in this investigation is not to put much stock in the dates provided by the OAG.  Dates appear to be changed in an attempt to explain away the foot-dragging that went down in the Sandusky  investigation.

Baldwin foot-dragging

While it is true that none of the three men provided any e-mail evidence to the OAG, it is anything but certain that they were told to search for the information by then-PSU General Counsel Cynthia Baldwin.  Given that Subpoena 1179 asked for e-mails about the 2002 incident, it is difficult to explain why Spanier, Curley, and Schultz all testified that the incident occurred in different years.

Someone's not telling the truth, and that person is likely Baldwin.

According to the testimony of John Corro of the PSU IT Department,  Baldwin did not approach him about searching for the e-mails requested by the Subpoena until March 2011.  The delay by Baldwin was likely part and parcel with the overall foot-dragging of the Sandusky investigation, which really was not undertaken in earnest until Spanier and Corbett sparred over PSU's budget.



Up until that point, the newly hired PSU lawyer's likely mandate was to stonewall the investigation to ensure nothing about crimes related to Jerry Sandusky were revealed.  Baldwin's history as Vice-Chair and Chair of the PSU BOT, as well as her experience working for former AG LeRoy Zimmerman, and appointment to the bench by former Governor Rendell, indicated that she understood the stakes involved in this investigation.  

Baldwin's and the OAG's best course of action was to avoid prosecuting Sandusky, but it is highly likely that Corbett eventually let his emotions get the best of him and decided to use the arrest of Sandusky to have Spanier fired.

When Corbett "threw the switch" 27 months into the investigation, everyone was put behind the 8 ball in terms of explaining why the arrest took so long.

OAG Foot-Dragging

Psychologist Mike Gillum, in the book Silent No More, stated that Deputy Attorney General Jonelle Eschbach and Trooper Scott Rossman informed him in June 2009 that had received information about a 1998 incident, but would not share details with him.

According to press reports, the police were tipped to the 1998 incident after Sara Ganim gave contact information of the investigators to the mother of Victim 6 in November or December of 2010.  After that, it took police until January 3, 2011 to get the police file from PSU.

Gillum also wrote that Eschbach told him in March 2010 that an arrest was imminent, but then reversed course and said that her boss, Tom Corbett, had nixed the arrest.  In May 2010, six months before Mike McQueary would be interviewed, Eschbach told Gillum other victims had been identified.  The public records state otherwise, considering the "unknown" victim in the McQueary incident reported in November 2010 became Victim 2.

At a June 2010 meeting, Eschbach promised an arrest in the summer - but that never came.  As Gillum had pointedly argued, Corbett was delaying the arrest until after the election.

Gillum appears to be partially right -- the delay was about election and a few more things.

Corbett and the OAG needed that time to ensure that the case against Sandusky not only resulted in a conviction, but they needed to construct a story that would (falsely) blame PSU's lack of cooperation and attempted cover as the reason behind the delay of the investigation.  The story also had to deflect attention away from DPW's and The Second Mile's failures to protect children.

As more facts are revealed, that story is falling apart under its own weight.

From the fantastic story of Agent Sassano determining the date of the McQueary incident by using TV Guides to the factually challenged testimony of janitor Ronald Petrosky, lie after lie is being revealed.

The collapse of this travesty of justice is not a matter of if, but a matter of when.





Thursday, December 19

Baldwin Highlights of Grand Jury Testimony from Twitter

By Ray Blehar, Jimmy W, and No.1 Lion 99

Bold Black indicates erroneous or contradicted statement of Baldwin's.  There are many.
Red type indicates important statements from Frank Fina.

The biggest news to come out of the proceeding was that Sandusky was accused of a sexual abuse  in 1984.  The OAG didn't find any police record of it.  To date, few media outlets have done little more than make mention of it.

A full summary of the proceeding will appear in this space soon.



  1. RT Baldwin GJT, P14, L12,13: Baldwin says Spanier told her to go to GJ with him during Jan 2011 mtg. Spanier was not subpoenaed at the time.
  2. RT BaldwinGJT: P13, L11,12: Baldwin stated that RETIRED Gary Schultz was "on vacation" when she received the subpoena for his GJ appearance
  3. CB said gathering of info back to 1997 was taking time, but would have it in 2 days. Corro tasked in March. S1179 was issued 12/11?
  4. Corro produced 3 USBs for CB. CB said one USB 2b provided on 4/15. Possible one was provided on 4/13/11 of just Spanier's e-mails.
  5. If e-mails were due Jan 10 & CB didn't file motion to quash, where was GJ Contempt motion? Something fishy here?
  6. Sassano trial testimony: "And Penn State...was not very quick in getting us our information." Ref. Sub. 191 for names of janitors.
  7. Spanier met with OAG on 3/22/11, before his 4/13/11 GJ testimony. When did Baldwin have her dress rehearsal?