Showing posts with label cover-up. Show all posts
Showing posts with label cover-up. Show all posts

Wednesday, March 16

Corbett's Grand Jury Lie

Former AG Tom Corbett's rationale for the inpaneling of the Sandusky grand jury in 2009 doesn't square with the facts in evidence

By
Ray Blehar



As I was reading Brad Bumsted's "Keystone Corruption, A Pennsylvania Insiders Guide to a State Gone Wrong" last week, I  came across an interesting statement attributed to Tom Corbett on page 196 about his reasoning behind using use of a grand jury in the Sandusky case.


Corbett's grand jury rationale
doesn't square with the facts.
"Corbett said the grand jury was needed to compel testimony and because of the complexity of proving a cover-up."


That statement doesn't square with the facts.

On May 1st 2009, the Pennsylvania Office of Attorney General submitted the Sandusky investigation to the Thirtieth Statewide Investigating Grand Jury.  On May 5th, the case was accepted.

According to evidence, Aaron Fisher was the only known victim until the eventual Victim 6 was identified in January 2011.  Moreover, according to the Moulton Report (page 148), in August 2010, Corbett agreed with other prosecutors that the case shouldn't be charged due to the lack of victims.

Early August 2010. Fina, Sheetz, and Ryan meet with Corbett to discuss the status of the Sandusky investigation. Corbett affirms their recommendation that the case should not then be charged and that the search for other victims should continue. 

Corbett's response to the Moulton Report, filed by his attorney Mark Zimmer on June 11, 2014, did not provide a reason for using a grand jury, other than it was a choice made by "career prosecutors."  

More importantly, however,  the response stated that the Commonwealth did not have sufficient evidence to justify a search warrant for Sandusky's home until police interviewed Victim 7 (February 2011) and Victim 4 (April 2011) -- who provided the "fresh evidence" to justify a search warrant.





There are several credibility issues associated with the Corbett response.   Notably, the "fresh evidence" obtained in 2011 pertained incidents that occurred in Sandusky's home from 1996 through 2000, thus were of incidents five to thirteen years earlier than those reported by Fisher.   

Next, if this "fresh evidence" of "use of his residence for pedophilia" provided the basis for an airtight search warrant, then why did it take until June 20, 2011 to request it?

Finally, and most importantly, if there was not sufficient evidence to justify a search warrant of Sandusky's home until the spring of 2011, then Corbett's assertion that the Sandusky grand jury was inpaneled to prove a cover-up was a lie.

But don't expect an "insider" and ace reporter like Brad Bumsted to ever figure that out.

Saturday, February 22

PennLive Propagandizing For Governor Corbett Reaches New Heights


Penn Live continued to carry water for Governor Corbett in their recent articles about President Barron and Cliff Benson

By
Ray Blehar

If there was ever any doubt that PennLive  was carrying water for Govenor Corbett, it was erased this week.  First, they used the selection of President Barron to get in some swipes against Graham Spanier and the football program -- and also worked overtime in the comment section to censor any comments that put them in the cross-hairs over the Sandusky grand jury leaks.  

On Friday, PennLive wrote a factually challenged puff piece on why Corbett's new nominee to the PSU BOT, Cliff Benson, shouldn't be held to account for anything that happened at Sandusky's charity, The Second Mile.

Barron Selection Used to Deride Spanier, PSU Football

In a February 17th article penned by the PennLive Editorial Board, it repeated, as facts, the yet to be proven allegations of a football culture problem and that Spanier and others had mishandled the Sandusky matter.

President Barron (Flanked by Keith Masser)
From the article:
So Barron has a very good idea of the challenges that face the president of Penn State: keep football in proper perspective and continue to build on the school’s well-deserved reputation as a first-class institution of higher learning.

The Sandusky affair shattered Penn State’s reputation as a football program that kept football in proper perspective. Barron’s many challenges include restoring that reputation.

As most people know, football was kept in proper perspective by none other than Joe Paterno, who demanded his players go to class, graduate, and get the full college experience.  Prior to the scandal, NCAA President Mark Emmert called Paterno “the definitive role model of what it means to be a college coach."  However, PL has been pushing the football culture narrative since the days right after the Sandusky grand jury presentment was leaked and they seem hell bent on not stopping any time soon.

In this passage, the Editorial Board must have forgotten all about journalistic standards when they made a declarative statement on Spanier's handling of the scandal.

Barron’s leadership style appears to be a good fit for Penn State. He portrays himself as the kind of leader who is not afraid to hear people out, seek advice of others and then make decisions. That would be a welcome change from the arrogant, high-control attitude that  Penn State displayed under President Graham Spanier's leadership, when it grossly mishandled reports about Jerry Sandusky’s sexual abuse.

This appears to be chapter and verse taken from the now thoroughly discredited Freeh Report, which alleged that Spanier was not inclusive in decision making, kept the BOT in the dark about Sandusky, and that Spanier made a fully informed decision not to report an incident of sexual abuse.   Most of us who have followed the case know that Freeh's assertions were not supported by the evidence, yet PennLive continues to turn a blind eye to the facts of the case as they are revealed with each judicial proceeding.

One might argue that PennLive just left out the words alleged or somehow forgot about the criminal, beyond-a-reasonable doubt standard with regard to the PSU administrators' role in the Sandusky scandal, however those arguments are null and void based on this passage:

Earlier this winter, Barron had to deal with an explosive accusation of sexual assault in Florida State’s football’s program. A woman said she was raped a year earlier by the star quarterback who eventually led Florida State to this year’s national championship, Jameis Winston.
Prosecutors declined to press charges against Winston. The accuser’s recollection was compromised by heavy consumption of alcohol, making it hard to prove beyond a reasonable doubt that it was in fact rape, not consensual sex.

As much as I hate to replow the ground about the 2001 incident, one of the few things that is certain about that incident is that it didn't meet a beyond a reasonable doubt standard for a rape conviction.  The other certainty is that Mike McQueary changed his recollection of the incident each time he was questioned about it.  To say that PSU mishandled a report of "sexual abuse" assumes facts not in evidence.

Censorship at PennLive

PennLive's actions in response to reader comments on this article also said a lot for the ethics of the Editorial Board. When people began commenting on the unfairness of this article and pointed out to PennLive that they had a few skeletons in their closet regarding being the recipient of grand jury leaks (and that one of their former employees was almost held in contempt of court), those comments were deleted almost as fast as they were posted in the comment section.  Several posters were banned from commenting on the story.  It was an astonishing display of censorship.

Penn Live Continues Corbett Cover Up

On Friday, February 21st, Charles Thompson wrote a puff piece about Governor Corbett's nominee to the PSU BOT, Cliff Benson.  While he treated Benson with kid gloves  -- by relying on information he got in an e-mail from embattled Second Mile President, David Woodle -- Thompson's obfuscation of the facts in the Sandusky case appears clearly to be protecting Governor Corbett and his botched, three-year investigation.

Sandusky was arrested in November 2011, about two-and-a-half years after allegations against him were first transferred to the state Attorney General's office - then headed by Corbett. (There are no signs that any additional children were molested by Sandusky after 2009, however.)

PennLive has continually made this statement, in fact, going further to say that Second Mile banned Sandusky from all activities involving children when they learned of his investigation in 2008.  

Those statements are absolutely false.

It is a FACT that Victim 9 (born July 29, 1993) testified to being molested up through his sixteenth birthday.  This would place crimes well after the investigation had hit Corbett's desk in the AG's office.  That fact provides evidence that Corbett's slow walked investigation resulted in the endangerment and abuse of at least one child.

Additionally, Sandusky's continued interaction with children after 2008 is well documented.  In a KDKA Pittsburgh article, a mother complained that Sandusky was interacting with children at the 2010 Summer Challenge camp.  Sandusky attended other Second Mile banquets and events involving children as participants, after he lost his clearance to work with children.  He was still very active in fundraising and promoting the charity well into 2011.  

All of this while Cliff Benson was a TSM Board Member.

Benson: Part of Sandusky Cover-up?
Thompson makes the inference that Benson would not have known much about the Sandusky investigation because he joined the Board in 2009.

Sandusky, according to case evidence, used his ongoing ties to the youth program he started to scout for boys that he would later assault. When Benson came onto the board, apparently in 2009, that was a nightmare that few knew about and no one was broadcasting.

According the the Second Mile 2009 Annual Report (for year ending August 31, 2009), Benson was listed as a director on the "State Board of Directors."  According to at least two members of the charity's board, Sandusky announced his resignation in the fall of 2009.  PennLive reported that at about the same meeting Sandusky resigned, TSM hired the PR firm Burson-Marsteller to assist in communication with the impending crisis.

The board's decision was to stay silent and continue to use Sandusky for fund raising and in a public relations role.  David Woodle recalled the Board sent out a letter to its donors that made no mention of the child abuse controversy.  This cover-up continued even after Sandusky formally announced his retirement in 2010.  

Benson was a board member the entire time this charade about Sandusky was going on.

Benson: Financial Oversight Questionable?

Cliff Benson
Thompson may have unwittingly damaged Benson when he accepted this statement from Woodle about the new nominee's role at the charity.

"Mr. Benson was a volunteer member of the State Board of Directors in the same role as all other directors," Woodle wrote in an email.
As a member of the finance committee, Woodle wrote, Benson "had general oversight review of the organizational finances... That would include tasks such as finance statement review and coordination with outside audit firms."

SMSS's review of the charity's IRS 990 forms, Annual Reports, and donor lists revealed material differences in the recording and computations of revenues.  While we did not have access to their general ledger or receipts, the analysis of expenses (based on Annual Reports and IRS forms) also raised several red flags.

The internal control environment at the charity was extremely poor.  Executive Director, Dr. Jack Raykovitz held the books and the bank accounts for the charity, while his wife, Katherine Genovese was the Vice President of Development (i.e., fund raising).  Their salaries also began increasing year to year after the first Sandusky investigation in 1998.

Additionally, information on the public record reveals that The Second Mile did not have independent audits of its financial statements performed from 2004 to 2010. A review of their IRS 990 forms (and attachments) revealed that from the period from 2000 to 2012, only three independent audits were performed.  Deloitte and Touche performed an audit on November 28, 2000, Parente Randolph performed on October 19, 2004, and Parente Beard perform the last audit on January 6, 2012.

The evidence reveals that Benson was apparently asleep at the wheel as a member of the finance committee when he served on it in 2009 and 2010 and it also appears he has much more knowledge of the Sandusky investigation than PennLive would lead you to believe.

More obfuscation 
While it appears that Thompson is simply spouting the company line, as requested by the governor's office, the unwillingness to honestly put Benson under scrutiny is troubling.  Thompson's statement about Benson's past employment (although he did mention ties to the natural gas industry) doesn't tell the full story of his relationships.

According to Benson's biography on the Buffalo Sabres web-site, he served as the lead client service partner for the worldwide services provided to the United States Steel Corporation and H.J. Heinz. Other clients served over his long career at Deloitte include Armco, Bayer Corporation, Marathon Oil, PPG Industries, Rockwell International, the Pittsburgh Penguins and East Resources.

Benson: Previous ties to Surma
As many Penn Staters know, former PSU BOT chairman John Surma was the CEO of US Steel.  Prior to that role, he was he head of finance and accounting at Marathon Oil starting in 1997.  Surma would later be named President of Marathon Ashland Petroleum, before eventually moving to U.S. Steel.


Who knows what other relationships we might find by digging into Benson's past?  

One thing that is certain: PennLive won't be doing any digging.

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.