Saturday, July 7

For BSD Attorneys and Laymen - You be the Defense

How would you defend Tim Curley and Gary Schultz against the charges of perjury brought by the Attorney General? OR if you prefer how you would convict them as a prosecutor. 

Can the Perjury Trial also be used defend Joe Paterno and Penn State by not only clearing Tim and Gary of Perjury but in the process making their decision in 2001 seem reasonable and nothing like a cover up? Once you have built your case that Tim and Gary did not perjure themselves can you address the larger issue of what they were told by Joe Paterno?
Joe did nothing to discourage them from reporting to authorities
They asked Joe his opinion based on 30 years or working with JS. 
Joe had no reason to think JS could harm the kids he seemed so intent on helping and the 1998 information he heard made him less likely to think JS was a pedophile because he was cleared.

Roberto and Farrell be using the 1 or 2 seconds and the visualizations along with the "I would have said" testimony from the Perjury Hearing to discredit Mike's claim of what he saw and would have reported as an  extremely sexual act

Mike's description of feet on floor, not bent over, very little motion, boy's height relative to JS will be demonstrated with pictures or mannequins 
First a large male of JS height with a boy standing beside him top of head level with pectorals
Then the boy facing a wall upright with hands outstretched
Then with the man behind him

THESE ARE THE WORDS UNDER OATH IN TESTIMONY BY MIKE McQUEARY 

You can use these as a start or go to the transcript for others to find statements that cast doubt on what Mike saw and what he said
                                         VISUALIZATIONS and I WANT TO GET OUT OF HERE page 56 line 14
                                                 A SECOND OR TWO GLANCE    page 12 line 12              
                                            MAYBE ONE OR TWO SECONDS  page 14 line 17
                          SLAPPING SOUNDS BEFORE GLANCES NO SOUND DURING  page 15/16
WHAT MIKE WOULD HAVE SAID? 
DID NOT KNOW WHAT TO THINK - WAS NOT SURE 104
 DID NOT RAISE QUESTIONS UNTIL AFTER CONTACTED BY AG p 57
 VERY CLEAR IT LOOKED LIKE INTERCOURSE 
 NOT SMART TO MAKE A RECORD? p 89
Joe's Statement under oath at Grand Jury 
Curley Testimony Under Oath Grand Jury
 
Schultz's Statements Under Oath Grand Jury
Farrell and Roberto can be quite effective using Mike's Perjury Hearing testimony. 
His claim of 3 slapping sounds being either rhythmic or sexual can be tested?
Play sounds of wet hands on a shower room wall
Wet feet on a shower room floor
Wet hand slapping a bare stomach or thighs in a shower
and ask if any or all of those sounds were like what he heard?

What makes them "rhythmic" or "sexual"? 

What did he mean about those "visualizations"?
Why did he only glance for 1 or 2 seconds?

Why did he think the boy did not cry out or show pain or distress?
Did that make him question his suspicions?

Why didn't he question the decision when informed?
How did he live with it for a decade without protest? 
How can a 6 foot 4 man of JS size rape a boy only as tall as his pectorals if the boy is not bent over and has his feet on the floor?

A PERJURY TRIAL IS ABOUT EXACT WORDS. 

Why did he say "I would have said" or "I thought" instead of I told them and I saw? 
What were Mike's exact words?

Why didn't he protest the decision if he thought he saw a rape?
Could Jerry have been grabbing the boy from behind to stop him from running around or falling?
Could you flash pictures like these of  a man and boy on a screen for 1.5 seconds each
A) A man picking up a boy after a fall
B) A man grabbing a boy to prevent a fall
C) A man trying to mimic sodomy from that position 
and ask Mike to say which one was the sodomy? 
Can that be done in a deposition? 


What questions would you use and how would you go about clearing Tim and Gary and as a result clearing PSU and Joe Paterno in the most effective way? OR If you prefer to be the prosecutor please show us how you would prove perjury at the Grand Jury using the link just below. 
The Pennsylvania Perjury Statute - the state must prove Tim and Gary said something they did not believe was true in their Grand Jury Testimony that is available HERE Curley p 179 thru 204 Schultz 204 - 235 

 § 4902.  Perjury.
        (a)  Offense defined.--A person is guilty of perjury, a
     felony of the third degree, if in any official proceeding he
     makes a false statement under oath or equivalent affirmation, or
     swears or affirms the truth of a statement previously made, when
     the statement is material and he does not believe it to be true.
        (b)  Materiality.--Falsification is material, regardless of
     the admissibility of the statement under rules of evidence, if
     it could have affected the course or outcome of the proceeding.
     It is no defense that the declarant mistakenly believed the
     falsification to be immaterial. Whether a falsification is
     material in a given factual situation is a question of law.
        (c)  Irregularities no defense.--It is not a defense to
     prosecution under this section that the oath or affirmation was
     administered or taken in an irregular manner or that the
     declarant was not competent to make the statement. A document
     purporting to be made upon oath or affirmation at any time when
     the actor presents it as being so verified shall be deemed to
     have been duly sworn or affirmed.
        (d)  Retraction.--No person shall be guilty of an offense
     under this section if he retracted the falsification in the
     course of the proceeding in which it was made before it became
     manifest that the falsification was or would be exposed and
     before the falsification substantially affected the proceeding.
        (e)  Inconsistent statements.--Where the defendant made
     inconsistent statements under oath or equivalent affirmation,
     both having been made within the period of the statute of
     limitations, the prosecution may proceed by setting forth the
     inconsistent statements in a single count alleging in the
     alternative that one or the other was false and not believed by
     the defendant. In such case it shall not be necessary for the
     prosecution to prove which statement was false but only that one
     or the other was false and not believed by the defendant to be
     true.
        (f)  Corroboration.--In any prosecution under this section,
     except under subsection (e) of this section, falsity of a
     statement may not be established by the uncorroborated testimony
     of a single witness.

Please Add Your Comments to the discussion here : The Second Mile Sandusky Forum 

Wednesday, July 4

I'M MAD AS HELL AND I'M NOT GOING TO TAKE THIS ANYMORE

2 Second McQueary Visualizations: Who Is Responsible for the Damage to PSU & JoePa for that?
This should be interesting. When you really get into actual testimony the idea that Joe, Tim, Gary or Dr. Spanier should be blamed for not dealing correctly with Mike's 2001 2 second visualizations may seem silly. The fact that Penn State and these men are being dragged through the mud over a decade old decision because of what a shocked assistant coach 'might have said about 2 second glances is just plain crazy.
We know enough right now - emails and files don't matter. The Paternos should sue the socks off of Linda Kelly and the authors of the Presentment as should Penn State administrators. The Presentment was a damned LIE that cost them millions and all this hoorah about how the 2001 decision was made is ridiculous. The media hasn't read or absorbed the actual testimony under oath so those meatheads don't know Jack about how Mike visualized those 2 second glances and most likely neither did he. Here's why.
Mike McQueary was not the most important witness in the Sandusky trial but he is the most important element in the malicious defamation of PSU and Joe Paterno. Mike is the horse the AG rode in on and though I wish the horse *not Mike - were dead it is not. This is the best damn fanpost I've ever made. Sorry it took so long to get it right but I'm slow.
Two second visualizations that shook the sports world and cost PSU 12 million
I like Mike. In fact I got into this whole Black Shoe Diary - Second Mile Sandusky Sex Scandal by defending Mike on a UTSports Forum when Mike was being disparaged as the guy who witnessed a child being brutally raped and ran to call his daddy I viewed this video with Jon Ritchie who explained it better than I ever could.
Now eight months later my opinions and feelings about Mike have spanned the gamut. So let me make this clear. This analysis of Mike's actions and reactions is not a judgment. I can't say I would have handled anything any better than he has. Here is my slow minded interpretation of what has happened to Mike even if it took 8 damned months
Feb 9 2001 Mike thought 2-3 slapping sounds in the showers were an adult couple having sex. He visualized sex when he glimpsed JS behind a boy for 1 or 2 seconds twice. Shocked it wasn't adults he slammed his locker, came face to face with the boy and JS and was baffled when the boy did not show distress, pain or fear and was not protesting or crying out. In confusion he fled.
At home with his father and Dr. Dranov he's shaken thinking "What did I just see?" "What was JS doing with that boy?" "Should I have left the boy with him" and "What should I do now?" His explanation is muddled and confused as he is. The same is true the next morning when he speaks with Joe.
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10 days later in a 10-12 minute meeting with Tim & Gary he is no more explicit or certain. He's glad to be done and fine with the decision when Tim informs the Second Mile that JS can't bring boys to PSU. The story ends for a decade. Mike is not certain he saw something sexual. If he was he couldn't have let it slide for a decade.
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Then in 2010 he meets the AG's investigation. The AG has 5 or 6 victims. Mike hasn't thought about Feb of 2001 for a decade. The AG assures him his testimony is vital to put away a predator. He starts to visualize again.
Mike feels guilty. Was the boy in 2001 being raped? Did JS continue after he left? Could he have saved other boys? He's 37 now with friends who have children. Did his uncertainty lead to JS ruining more lives? Why didn't he do something that night or later? What can he do now to atone? Tortured by these questions he becomes a willing instrument of the AG who says his testimony is required to convict JS. He will do anything the AG asks.

We know about 2 or 3 slapping sounds and two 1 or 2 second glances of JS standing behind a boy not bent over, hands on the wall, feet on the floor who's head came to JS pectoral muscles. We know about the slammed locker door and the boy with no fear, pain or distress who was not crying out. He never said "thrusting" in fact he said "very little movement" It’s under oath in the Perjury Hearing Transcript. p 15
NO THRUSTING 111_aa_thrusting_jpg_medium
But the Grand Jury Presentment of Nov 5 says "He SAW the boy being subjected to anal intercourse and he told Joe Paterno, Tim Curley and Gary Schultz" Those words hit the media in a firestorm of outrage and indignation. MM saw a kid being raped and didn't kick the crap out of bastard? MM runs home and calls his daddy? MM should serve jail time!!! scream the headlines. Now he has to do something to redeem himself.
.
The media is camped out on Mike's lawn. He is told he cannot coach. His idol and mentor is removed as head coach. PSU is called a den of enablers. Students protesting Joe's dismissal are said to be rioting to protect a child rapist. He and Joe are just a rung below JS on the evil scale. It's hard to imagine the pain and suffering he must have endured those first few weeks and since. This is totally unexpected. He did not know the AG was going after PSU or perjury on Tim and Gary.
.
We all know the Presentment Version vs the Perjury Hearing Version and what Mike told his dad, his doctor, his coach and what he says he told the AD and the VP

Did the verdicts on victim 2 in the JS trial mean the jury found Mike's 'intercourse story' credible OR did the not guilty verdict on the charge of deviate sexual intercourse mean the jury did not believe him? The latter is true of course. They voted Not Guilty on intercourse.
Count 7 - not guilty Deviate Sexual Intercourse (Felony 1)
Count 8 - guilty Indecent Assault (Misdemeanor 2)
Count 9 - guilty Unlawful Contact with Minors (Felony 1)
Count 10 - guilty Corruption of Minors (Misdemeanor 1)
Count 11 - guilty Endangering Welfare of Children (Misdemeanor 1)
The verdicts on the actual victims that testified were enough to put JS away forever. His testimony was not that important. But now he is lauded as courageous and has a civil case as a whistle-blower.
Everything we now see in the media about these emails and the decisions made in 2001 are based on Mike explicitly telling Joe, Tim and Gary that he witnessed some sexual assault in no uncertain terms. Without the belief that these men were told of a crime their decisions in 2001 would not be in question. Adding 'I thought a sexual nature' is not definitive or important.
THIS IS NOT MIKE McQUEARY'S FAULT - He has been ill-used by the Attorney General
We can feel badly for Mike and the position he found himself in that night in 2001. We can sympathize with his desire to make up for 2001 by trying to do what the AG said he should to put JS away. We can understand if he didn't realize the ramifications of his words as far as Joe or PSU is concerned. But if he did not tell Joe, Tim and Gary that he was certain it was a sex act and not some horseplay? What then? If Mike were really convinced that JS was raping that boy in 2001 would he have remained silent for a decade? Would he have waited until he knew of the investigation in 2010 to raise questions about JS being around PSU with friends?
THE PRESENTMENT & AG'S PRESSER WERE VICIOUS SLANDER AND LIBEL
Is Mike is a tragic figure in this drama who has been ill-used by the AG to insure the conviction of JS and to unwillingly tarnish the image of PSU and Joe?
THIS IS WHAT WE KNOW FOR CERTAIN ABOUT WHAT MIKE TOLD TIM and GARY.
NO ANAL INTERCOURSE
THERE IT IS WITHOUT AMBIGUITY - "I WOULD NOT HAVE USED THE WORDS ANAL INTERCOURSE" so why did the Grand Jury Presentment of Nov 5 that brought condemnation down on PSU and JoePa say you did? Who is to blame for that and what penalty will they pay for the words that destroyed the reputations of PSU and JoePa and 3 administrators?
WHY ARE YOU NOT OUTRAGED? PSU AND JOEPA HAVE BEEN TRASHED BY LIES
This is Mike's total testimony at the Perjury hearing on what he said to the AD and VP He says "I would have said extremely sexual act and I think it was intercourse" p 81. I would have said???
Well would you or did you? This is very important. You thought this took place in March 2002 but it didn't. Now you tell us what you "would have said" but you cannot tell us what you did say? Perjury depends on exact words not thoughts not would have but I said.
.
We know what you didn't say. You didn't say the words in the Grand Jury Presentment that created a tsunami of shame on PSU. Be very careful here. Your words are being used to put 2 or 3 men in prison. These words you "would have said" have already ruined reputations. A man who knows the truth of what he said would not say "I would have used........". He would say "I told them .........."
.
For "five or six minutes he explained the whole night" he told about 2-3 "sexual rhythmic" slapping sounds, visualizations, two 2 second glances and the positions of the two standing up with feet on the floor not bent over. Even if "he would have said extremely sexual" would it have made sense to them or you? Anal intercourse between a very large man and a 10 year old boy is painful and distressing and it cannot be accomplished in the positions he described. A 10 year old child could not "shut down" or block out that kind of pain.
Did Mike hate JS for making him feel like he failed that boy in 2001? Did he not do what he thought he should have done and did his guilt made him susceptible to the urging of prosecutors to embellish his story? He cannot be precise about what he said in those 5 or 6 minutes a decade ago. But the world is ripping Joe and PSU to shreds over them. How is that acceptable to anyone? I have tried to take Occam's Razor to this situation to arrive at the most likely explanations for the decisions that were made a decade in the past by competent good men who would never enable a predator or cover up his crimes.
Tim, Gary, Spanier & Joe are vilified over 2 Second Visualizations and a Rational Decision
I start from a presumption of innocence and good intentions by those who's lives and accomplishments deserve respect and benefit of the doubt without casting Mike as the bad guy. His intentions were also good but he is one and Joe, Tim, Gary and Dr. Spanier are four - all good men faced with one sick evil Jerry Sandusky and a terrible situation. The decision they made in 2001 seemed to hold up well for a decade and second guessing them now over 2 seconds? How does that make any sense?
A SECOND OR TWO111or_2_seconds_jpg_medium
A SECOND OR TWO and below MAYBE ONE OR TWO SECONDS - no mistake said twice in answer to 2 questions
MAYBE ONE OR TWO SECONDS 1111or_2_seconds_jpg_medium
how long were you actually looking? one or two seconds per glance each of 2 glances. Perjury Hearing Transcript page 12 lines 12 thru 14 and page 17 lines 4 thru 8 Go ahead and glance at anything in a mirror for 1 or 2 seconds. How can any 1 or 2 second glance show motion? How could you tell the difference between a man who just caught a kid about to fall or one who grabbed a boy to keep him from sliding into a wall or one who was doing sodomy?
Glance at anything you can for one or two seconds and see if you can come up with more than one version of what you saw. Now try it on an angle through a mirror. Would you be so certain of what you saw when you know you expected to see sex? Even if you were convinced would you truly expect to convince someone else? Why would you only glance for 1 or 2 seconds? And prosecutors think it's worthwhile to drag PSU and Joe through this madness for more months over a decision that satisfied Mike for a decade? I should make us Mad As Hell.
Can anyone think of another case where such a venerated institution with such accomplished people has been persecuted over 2 second glances a decade in the past where the criminal was caught and convicted? You should be Mad as Hell.
Anyone who wants to condemn decision makers at PSU over 2 second glances by a shocked young coach who was visualizing two adults having sex because of 2-3 slapping sounds seems rather impertinent. He was VISUALIZING sex? Or hallucinating maybe? Mike tells us what happened right here:
111aa_mental_image_embarrassed_p_56_jpg_medium VISUALIZATIONS? P 56
2 second visualizations vs 24 years of charity work, 30 years of coaching, and honors from the President and a US Senator? BULLSHIT. You would think anyone who reported JS over 2 second visualizations in 2001 was nuts. Only hindsight makes this seem reasonable. It's time to stop this blame madness.
It's time to get mad. I want you to get behind your computers and start posting this everywhere while shouting "I'm as mad as hell and I'm not going to take this anymore" Get to it PSU fans "I'm as mad as hell and I'm not going to take this anymore". The AG flat out lied and brought down the networks on your heads so do it "Get as mad as hell and I'm not going to take this anymore" The AG lied and slandered your alma mater & coach over 2 second visualizations that couldn't convince any sane person of a crime. "I'M AS MAD AS HELL AND I'M NOT GOING TO TAKE THIS ANYMORE'.


A FORUM FOR COMMENTS ON THIS POST HAS BEEN SET UP HERE 

Monday, July 2

A New Media Frenzy

The  NEW MEDIA FRENZY is worse than the first

Based on the LIE In the Grand Jury Presentment - that Mike McQueary saw JS forcing a child into anal intercourse and telling that to Joe, Tim and Gary - the media rushed to judgment. When it was shown in under oath testimony that MM did not see anal intercourse and did not report that he did see anal intercourse the same media was woefully silent.

Then the Jury in the Sandusky trial came back with a NOT GUILTY verdict on 'deviate sexual intercourse" involving victim 2 and the media again failed to report that the verdict proved the Grand Jury Presentment was LIE. Not one recantation can I find in all the reports of the verdicts that mention the fact that the Presentment was based on a lie.

The media is back with a false narrative "Joe and PSU administrators knew of a sexual assault and covered it up"

The truth is that what MM told them was not credible evidence of any sexual assault. But the media is bound to the first lie and the first narrative and will not relinquish their blood lust now fueled by these reprehensible leaks of snippets of SELECTED emails that purport to cast JoePa and PSU in the worst possible light.
It has taken me months of dedicated research to cut through the bullshit to the truth and at every turn where a truth has been revealed a) the Perjury Hearing Testimony b) the testimony of Dr. Dranov and 3) the verdicts of the jury on victim 2, victim 6, and victim 5 even with the poor defense by Amendola. - it has been shown that the involvement of PENN STATE, Joe Paterno, and these three administrators has not involved knowing of anal intercourse or sexual assault and covering it up.
There is no question that Mike McQueary did not know and could not say conclusively whether what was happening in that shower on Feb 9 2001 was sexual. He could not convince anyone that three slapping sounds were sexual. And he could not make two 2 second glances into anal intercourse. Mike's evidence of any sex act was non-existent and based on suspicions instead of true observation.
This small sample of the Media Frenzy shows a blatant disregard of the verdicts, the facts, and the truth and much of it leaps forward to suggesting punishment for a cover up in a fashion so reprehensible as to cause nausea. The tone and certainty of these vultures is unbelievable.

Emails show Paterno legacy, Penn State officials should face reckoning

CBSSports.com - ‎Jun 30, 2012‎
By Gregg Doyel | National Columnist Joe Paterno's statue has to come down. That's clear today, now that CNN has released emails that bury Paterno and his Penn State cronies with their own dirty words. Paterno's statue outside Beaver Stadium has to come ...
GOOD GRIEF Greg Doyel - we didn't expect more from you and we are not disappointed.

New allegations open the door for severe NCAA punishment at Penn State?

Yahoo! Sports (blog) - ‎3 hours ago‎ By Kristian Dyer By Kristian Dyer | Dr. Saturday - 1 hour 53 minutes ago The conviction of former Penn State assistant coach Jerry Sandusky on 45 counts of child sex abuse coupled with Saturday's reports of a university-wide cover up of the incident ...

Paterno's Lying Ways

Daily Beast - ‎8 hours ago‎ The football legend claimed he merely passed reports of Jerry Sandusky's offenses up the chain of command, but emails from Louis Freeh's Penn State probe indicate he played a key role in his former assistant coach's not being reported to ...

Paterno, Penn State, and Civic Morality

Daily Beast - ‎1 hour ago‎ by Michael Tomasky Jul 2, 2012 11:05 AM EDT As CNN disclosed over the weekend, the higher-ups at Penn State had a plan on February 26, 2001, to report Jerry Sandusky (that is, Mike McQueary's eyewitness statement) to state authorities.

Joe Paterno influenced PSU officials to keep quiet about Sandusky ...

New York Daily News - ‎Jun 29, 2012‎ Newly uncovered emails in the Jerry Sandusky case show that Penn State officials were on the verge of blowing the whistle on him -- but changed their minds after talking to coach Joe Paterno. The missives, obtained by CNN, seemingly contradict the late ...

Leaked Emails Implicate Paterno in Sandusky Cover-Up

Care2.com (blog) - ‎21 minutes ago‎ by Jeff Fecke Emails obtained during Penn State's investigation into the Jerry Sandusky child rape case show that officials at Penn State University, including school president Graham Spanier and head football coach Joe Paterno, were aware of ..

Evidence continues to gather indicating Sandusky cover-up

NBCSports.com - ‎1 hour ago‎ AP Late last month, former Penn State defensive coordinator Jerry Sandusky was convicted on 45 counts related to child-sex abuse following the scandal that broke last November. While the decision marked the beginning of the healing process for ...

PSU Scandal: Joe Paterno Heavily Involved in Sandusky's Cover Up

FanIQ (blog) - ‎1 hour ago‎ Joe Paterno's legacy as the best college football coach of all-time was slightly tarnished when news broke that he had not taken further action after learning of Jerry Sandusky's sexual involvement with children. Now his integrity is being questioned, ...

Will Penn State Football Ever Recover?

We Got This Covered - ‎1 hour ago‎ In light of the Jerry Sandusky sex abuse scandal, there have been recent calls for Penn State University to face the same fate as SMU's football program suffered twenty-five years ago. It is known as the 'death penalty', and would prevent a school from ...

Did Joe Paterno play a role in Penn State cover-up?

HLNtv.com - ‎1 hour ago‎ By Graham Winch There are new questions about what Penn State officials knew about Jerry Sandusky molesting children and whether they covered it up. Emails allegedly sent between university administrators appear to show that famed Penn State football

Sandusky Case: Emails Between Top PSU Officials Reveals Cover-up

Lawyer Herald - ‎1 hour ago‎ By Tatjana Kulkarni Emails in the Jerry Sandusky child-sex abuse case between Penn State University president, vice president and athletic director were released revealing that the top university officials were involved in a Sandusky cover-up.

CNN scores scoop on Penn State e-mails

New York Daily News (blog) - ‎1 hour ago‎ BY Michael O'Keeffe CNN took more than a few hits last week after it incorrectly reported that the Supreme Court had overturned the Affordable Care Act. But the network should also be applauded. It was the first to report that Penn State icon Joe

Did PSU coach Joe Paterno help cover up Jerry Sandusky sex abuse?

Christian Science Monitor - ‎21 hours ago‎ CNN reports an apparent effort to go slowly on a report that Sandusky had sexually assaulted a boy in a locker room shower. Coach Joe Paterno had discussed the incident with other officials. By Brad Knickerbocker, Staff writer / July 1, ...

Emails show Penn State head agreed to keep sex abuse quiet

New Zealand Herald - ‎Jul 1, 2012‎ Matt Sandusky, the adopted son of former Penn State assistant coach Jerry Sandusky. Photo / AP Emails show a former Penn State University president agreed not to take allegations of child sex abuse against former assistant football coach Jerry Sandusky ...

Ex-PSU president reportedly OK'd not reporting sex abuse allegations

Fox News - ‎Jul 1, 2012‎ STATE COLLEGE, Pa. - Emails show Penn State University's former president agreed not to take allegations of sex abuse against ex-assistant football coach Jerry Sandusky to authorities but worried university officials would be "vulnerable" for failing ...

PSU officials in 2001 worried over not reporting Sandusky allegations

Philadelphia Inquirer - ‎Jul 1, 2012‎ CNN has reported that three top Pennsylvania State University officials decided against reporting sex-abuse allegations involving Jerry Sandusky to authorities in 2001 but worried at the time the decision could leave them "vulnerable.

Emails indicate Paterno role in '01 silence about Sandusky

Hamilton Spectator - ‎Jun 30, 2012‎ Paterno Email correspondence among senior Penn State officials suggests that Paterno influenced the university's decision not to formally report an accusation against Sandusky. Paul Vathis/The Associated Press Joe Paterno appears to have played a ...

e-mails close book on Paterno's legacy

San Francisco Chronicle - ‎Jun 30, 2012‎ By Scott Ostler E-mails have been uncovered by NBC. Three scared sheep - Penn State's president, vice president and athletic director - were going to alert the real authorities to the possible misdeeds of Jerry Sandusky, until the athletic director

Penn State emails reveal decision not to turn in Sandusky

Los Angeles Times - ‎Jun 30, 2012‎ STATE COLLEGE, Pa. - Emails show that a former Penn State president agreed not to take allegations of child sexual abuse against former assistant football coach Jerry Sandusky to authorities but that he worried university officials would be ...

CNN: Ex-Penn State president didn't report sexual assault claims

Haaretz - ‎Jun 30, 2012‎ By AP | Jul.01, 2012 | 4:32 AM Jerry Sandusky being escorted from a Bellefonte, Pennsylvania courthouse after being found guilty of sexual abuse. Sandusky was convicted of 45 counts involving sexually assaulting 10 boys.

Emails indicate Paterno role in 2001 silence about Sandusky

Toronto Star - ‎Jun 30, 2012‎
Nabil K. Mark/The Associated Press Former Penn State assistant football coach Jerry Sandusky leaves court on June 22 after being found guilty of sexually assaulting 10 boys over a period of 15 years. Joe Paterno appears to have played a greater role

Emmert, NCAA send important message: Make Penn State pay

CBSSports.com - ‎Jun 30, 2012‎ By Dennis Dodd | Senior College Football Columnist So now the NCAA is officially engaged in the Jerry Sandusky scandal. More than seven months after the sickening news broke, the central figure himself is in jail. There are civil suits still to be ...

Dye: Penn State deserves highest penalty

FS Detroit - ‎1 hour ago‎ Jerry Sandusky's transgressions have cost him life in prison, but the acute neglect from the administrative board should cost Penn State a year of football.(Mara Ticcino-US PRESSWIRE) For 15 years, Dave Dye was the Michigan State beat writer
This is just a sample of 100's of similar frenzied articles out there trying Penn State and Joe Paterno by media.

Sunday, July 1

3 Hour Meeting with Lawyers Revealed


This story is interesting since it reveals that it was a very serious decision considering what little they were told by McQueary and how concerned they were with doing the right thing for PSU. My take is that they determined Mike's brief observation and suspicion insufficient evidence of a crime.

2001 PSU Officials Discussed Sandusky With Lawyers For 3 Hours

Top Pennsylvania State University officials held a three-hour meeting to discuss Jerry Sandusky in 2001 over concerns about the former coach's behavior with a boy in the football showers. A law-firm billing record from that conversation describes a "report of suspected child abuse," according to a person with knowledge of an independent investigation into the matter.
Now we can blame the PSU lawyers for the decision that what Mike McQueary told the administrator was insufficient to make a report outside of The Second Mile and Penn State can't we? IF the attorneys for PSU did not think it was required then my guess is they had good reason. Lawyers are notorious for erring on the side of caution. Could the liability of reporting JS on vague assumptions by a grad student be more problematic than not?

This revelation puts an entirely new spin on the diligence of the PSU administrators I think. If Penn State attorneys thought their actions legally responsible then why should they be questioned?

How the Media May Have Framed Joe Paterno

How the Media May Have Framed Joe Paterno   by John Ziegler
After the grand jury presentment was made available at a Saturday press conference which announced the Sandusky indictments last November, the initial media coverage was, in retrospect remarkably, and tellingly, rather muted.
ESPN, who would later the next week drive most of the narrative of the overall story, limited most of their coverage over the weekend to a passing news mention and a perfunctory place on the ubiquitous scroll on the bottom of the screen. After all, they had actual college and pro football games to broadcast/cover and no need to interrupt those ratings winners for the story of some guy who hadn’t coached football in over a decade.
The first edition of Sports Illustrated (which went to press about 48 hours after the indictments) after the news broke does not make mention of the Sandusky story in even one news article. Sandusky didn’t even make the “For the Record” section under “Arrests.” The story is only cited in an opinion column on the back page which reads somewhat like the “last word” on a story which is horrible but which may not provide much opportunity to write about in the future.
By the next week, Joe Paterno was somehow on the cover of SI along with multiple banner headlines, including one indicating that this was the biggest scandal in college sports history.
What changed in the ensuing week? Well, Paterno was fired, but not because we learned anything significantly new about the scandal during that time. Instead, what happened was that ESPN, with the help of popular website Deadspin (which was the first outlet to jump all over the story and predict Paterno’s demise), decided that they could change the rules of this game and make what was an otherwise dead sports week into a dramatic, ratings winning, passion play.
The initial take of the mainstream media was that this was not really a Joe Paterno story because, while Sandusky had been his assistant coach and there was a major allegation which occurred on campus, it was after he had already left the program. Paterno had testified but had not been charged. The prosecutors said that Paterno had done what was legally required of him, though they did raise the issue (in the response to a leading question from the media) of whether Paterno had fulfilled his moral responsibility with regard to making sure the allegations were properly followed up.
Seemingly lulled into a false sense of security by the relative rationality of the initial coverage (which was neither as intense nor as insane as it soon would be), Penn State made a couple of critical errors. The first was that they failed to make it clear that when Paterno had reported the Mike McQueary allegations to Gary Schultz, that he was doing so to the person in charge of the campus police. The media, either out of incompetence, deceitfulness, or both, never made that clear and in fact often reported that Paterno “never went to the police.” This omission created a huge hole in Paterno’s ship, which should have been easily plugged. Instead, it was an unnecessary leak in his story which still exists in public perception today.
The second big mistake Penn State made was related to Paterno’s weekly press conference that Tuesday. At first they announced that it would go on as normal, but naively/stupidly they also put out a press release saying that they would not allow any questions on the Sandusky matter. This was the equivalent of telling a child they can’t have a particular brand of candy; it made the media want to go in that direction exponentially more than they already did.
When hundreds of reporters/jackels showed up salivating for what they surely hoped would be the fresh carcass of a cranky old man being bombarded with questions he wasn’t supposed to answer, Penn State foolishly pulled the plug. To the sharks in the news media this was essentially like pouring blood in the water. It was simultaneously an admission of guilt in their eyes as well as an indication that Paterno was doomed because Penn State was not going to back him. The feeding frenzy began in earnest.
Now the media had what they wanted. They suddenly processed all the excuses they needed to turn a story about a likely child molester who hadn’t coached at Penn State for twelve years, into a tale of whether a legend had failed in his moral responsibility to protect children he may or may not have even known were ever in danger.
The public wouldn’t care much about Sandusky, but everyone knew Joe Paterno. The tearing down of a pious legend makes for incredible copy and it transformed that week from a remarkably slow sports period (the NBA was still on strike, baseball was over, and football was in a midseason lull) into a ratings bonanza.
Now it should be noted that one of the primary weapons which drove the deep passion and anger on this story at the outset was the misuse of one key phrase in the grand jury presentment. The prosecutors brilliantly (though deceitfully) claimed that Mike McQueary had witnessed Sandusky having “anal intercourse” with a ten year old boy in the Penn State showers.
Quite simply, there is very little in the human condition which makes our brains turn off their logic mechanisms faster than the concept of a child being anally raped by an old man. Like the color red to a raging bull, this phrase turned what would have been reasonable outrage into a communal blind fury. It also made it nearly impossible to discuss the actual facts of the matter because people understandably don’t like talking about the subject.
There is absolutely no doubt in my mind that had the grand jury presentment not used the words “anal intercourse,” that Joe Paterno would not have been fired the way that he was and likely would have coached out the season. I also have little uncertainty that the phrase was purposely misused in the grand jury presentment because prosecutors knew exactly what kind of public reaction it would provoke.
I also believe that part of the reason that the phrase “anal intercourse” was placed in the grand jury presentment was because, at that time, contrary to public perception, the legal case against Jerry Sandusky was actually remarkably weak.
Incredibly, there was/is no known victim in the McQueary episode (Don’t tell the media that! They still don’t realize it!), and, though somehow no one knew it at the time, McQueary had inexplicably testified incorrectly about which day, month and year the incident he supposedly witnessed took place.
Few people realize (and none of them are in the media) that at the time of the indictments there was only one allegation of actual “sex” from a known witness, and that person’s story had been disbelieved by officials at his own school. The prosecution needed a big explosion in order to blow the case wide open and bring in other accusers they had to be sure were still out there. Their tactic worked perfectly, but it also had the side effect (one with which it seems they weren’t unpleased) of making it impossible for Paterno to get a remotely fair public examination.
As it ultimately turned out, the “hanging” jury in the Jerry Sandusky case actually rightly acquitted him of “anal intercourse” in the McQueary allegation. But by that time it no longer mattered and this inconvenient fact was almost universally ignored by the media.
As for Paterno’s firing, ESPN basically campaigned for it continuously over two straight days and at least one member of the Penn State board of trustees admitted that, the body which somehow voted unanimously to unceremoniously terminate the man who put their school on the map, had done so in direct reaction to the intimidating media coverage.
One of the most absurd moments in ESPN’s wall to wall coverage came when former Penn State player Matt Millen cried live on air while implying Paterno had let everyone down. Like something out of Alice in Wonderland, it was barely ever mentioned, and never put in its proper context, that Millen himself was an active member of the Second Mile board (and not just in a ceremonial capacity). He was never even asked if the Second Mile or perhaps maybe even he himself deserved far more blame than Paterno considering that all of the victims originated there and Sandusky had had far more contact with them than he did with Penn State over the previous twelve years.
Instead, all people saw on TV was a former Paterno player (one who was not at all close to Paterno) crying while being sympathetically consoled by an ESPN anchor. This opened the floodgates and began a momentum which quickly convinced even strong Paterno supporters that they had better jump on the media’s bandwagon or be made to look like they were supporting child molestation.
Even former Penn State quarterback (and ESPN commentator) Todd Blackledge eventually came out for Paterno’s firing and yet somehow ended up prominently speaking on behalf of the 1980’s at Paterno’s memorial service. When I watched Blackledge being interviewed, I had a very strong sense he had essentially been bullied by the coverage of his own network into throwing Paterno under the metaphorical bus. The fact that he would praise him so dramatically just two months later would only augment that feeling.
When Paterno finally released his now infamous statement announcing that he would resign at the end of the season and stating that, “with the benefit of hindsight, I wish I had done more,” the media twisted it into something completely different than it really was.
Here, much like Tiger Woods at the beginning of his scandal, Paterno, used to mostly fawning media coverage, was slow to realize that all the old rules had changed. In the eyes of his former friends in the media he had been instantly transformed from a protected species to one with a large bounty on its head..
Previously, that written statement would have been warmly received as a grand gesture from a great/wise old man who was the first to admit what literally hundreds of people should have been forced to acknowledge: that the signs that Jerry Sandusky was a monster were missed. Now, in this frigidly cold media environment in which Paterno suddenly found himself, the statement instead was viewed as an arrogant, out of touch, admission of actual guilt.
This last point has been repeated, almost as if it were a mantra, by countless people with whom I have spoken about this in the last seven months. I even heard highly respected “journalist” John Feinstein grossly misquote Paterno on a national radio show as having said, “I didn’t do enough.” When I quickly messaged the co-host who is an old colleague of mine to please correct him on air, Feinstein laughably insisted that there is no real difference between the two quotations, even though it is obvious that they have two very dissimilar meanings (incredibly, I asked to go on the show as a guest to explain why Feinstein was wrong, but the co host told me that Feinstein was afraid of the debate and vetoed the idea).
Contrary to media created perception, what Paterno said there was in no way an admission of guilt. Instead, it was exactly the right thing to say at that time, but the media wanted a head on a spike and they needed it fast. Paterno’s was by far the most appealing scalp and nothing short of total decapitation was going to quench their thirst for blood.
When they finally got it (without Joe Paterno, an employee of over sixty years who literally built the school’s library, even getting a formal hearing) the students understandably reacted with their own rage, but one which the media purposely misunderstood in order to fit their own narrative and forward their own agenda.
According ESPN’s live coverage (as well as most of the rest of the print reporting) of the student “riots” which ensued after the announcement of the Paterno firing, the Penn State campus was upset because their precious football team might be harmed and they couldn’t care less about the victims. This analysis was as absurd as it was self serving.
It was very clear that the students were mostly angry over the lack of due process and simple respect shown for a man who was the reason many of them had applied to the school in the first place. It was also obvious that the focus of their outrage was on the news media for their disgraceful coverage of the story and the board of trustees for caving into the media pressure.
This was not just proven by the fact that the most serious act of vandalism was directed at a television news van (something the media bizarrely seemed to think was simply a coincidence). It was also exposed in a classic moment when, as if by accident, ESPN’s entire narrative for the whole episode blew up in their faces on live television.
If there was one clip I wish everyone would have watched that fateful week, it would be this one of a Penn State student being interviewed live on the network which had created most of the uproar, the remnants of which they were now covering. The unidentified student succinctly laid out the entire case in way that was in direct contradiction to the way that ESPN had been reporting it.
When the field reporter sent it back to the studio (where they had been covering the events with all of the fairness and objectivity of the Hatfields reporting on the McCoys) the anchors Steve Levy and Stuart Scott were literally stunned. After pausing as if they had just heard for the first time that there is no Santa Claus, an exasperated Levy was forced to acknowledge that the student was “a relativelywell informed fan…ah, I would say. He had some of the facts correct.”
Levy didn’t mention which facts the student didn’t have correct, probably because there weren’t any. His partner, an equally shocked Scott, looking as if he was realizing live on the air that maybe there really was another way to look at this entire story, laughably opined, “It is a very interesting dichotomy…”
After Paterno was fired, the media, having its pound of flesh, decided to quickly move on and some relatively pro-Paterno stories began to sneak out, even on ESPN (I believe because some there, like Tom Rinaldi, were angling themselves for what was thought would be the inevitable Paterno interview). However, the simultaneous revelations that the Syracuse basketball team apparently had a pedophile on its current staff were treated completely differently (even when their head coach Jim Boeheim called the victims money-seeking liars) and further exposed the unfairness of the media’s Penn State/Paterno coverage. I am sure that it is just a coincidence that many of the staff at ESPN just happened to attend Syracuse.
When Paterno died, most of the coverage was rather respectful, while certainly nothing like the celebration of an amazing life it would have been had he passed just two months earlier,
At the memorial service, when Phil Knight finally stood up and said what so many people with the actual facts but without access to broadcast platforms had been silently thinking, the media really had no idea what to do. The last thing they wanted was their initial conviction of Paterno to be exposed as a ratings-driven rush to judgment, but they also have trained themselves to not speak ill of the recently deceased (even actual pedophiles like Michael Jackson). Clearly conflicted, they pretty much decided to ignore Knight’s comments and hope that the evidence would eventually come back in favor of the judgment they had already rendered (they treated similar comments from usual media darling, Duke basketball coach Mike Krzyzewski, in much the same way).
When the Sandusky trial was completed in record time and it was announced that a verdict had been reached, Piers Morgan casually stated on CNN, without a shred of evidence at that time, that “clearly Joe Paterno took part in a cover up here.” What was so infuriating about watching that moment was that it was clear that Morgan had no idea what the actual facts of the case were then, and that absolutely no one even bothered to question him about his potentially slanderous statement.
When Sandusky was acquitted of the very charge which was the source of the vast majority of the media coverage which directly led to Paterno’s firing, you probably had to research that information for yourself. The broadcast outlets either weren’t even aware of this incredible fact, or simply just didn’t care. They had their story and they were going to stick with it no matter what transpired.
In that context, the media’s reaction to the Freeh report becomes far more easily understood and almost humorous. They had already universally decided that there was only one legitimate view of this story.
I myself was continually frustrated that I couldn’t even get straight forward columns questioning this narrative placed at any of the outlets which had routinely run my work. Time and again I either got no explanation for why this was the case or the editors in charge made it clear that their grasp of the facts was so poor that they actually mistakenly thought that I was the one who had no idea what I was talking about (a perfect example of this phenomenon was the fact that there was no actual known victim in the McQueary allegation; most media people I communicated with thought that was just not possible and wrongly presumed I was just wrong). I have gone against the grain of the conventional media wisdom many times in my career, but I have never experienced a worse example of group think producing virtual censorship than this one.
So when CNN got the leak of just one email prior to the Freeh Report’s official release, the media made it very clear that they were going to accept any crumbs of anti-Paterno evidence with mouths as wide open as their minds were closed. The report (not even the actual email) of only one very vague note from Paterno’s boss Tim Curley mentioning that he had spoken to “Joe” and had decided to change the plan on how to deal with Sandusky, was treated as if it was clear evidence of the coach having taken part in a cover up. Sports Illustrated couldn’t even wait for the actual report to come out and essentially convicted Paterno based on just that remarkably thin evidence.
The media, of course, never even bothered to point out that Curley, after casually mentioning having spoken to Joe, goes on to start each of the next four sentences not with the word “we,” but rather “I.” While this doesn’t prove what influence Paterno did or didn’t have over the discussions, in a remotely fair media environment it should have certainly raised important questions about Paterno’s presumed guilt. Unfortunately, this has still somehow never happened.
So, when the Freeh Report actually did come out, you could almost hear the media preparing their pom-poms and readying their cheers of “See! See! We really did get it right when we rushed to judgment against Paterno because the story was just too good to resist!” (Though, for some reason, no one ever questioned, if the Freeh Report really contained new evidence proving Paterno’s guilt, why was it that the media felt so comfortable “convicting” him before that information was ever known? Wasn’t the media essentially admitting that they didn’t have enough evidence to come to that conclusion before the Freeh Report?)
Whether Freeh understood this or not, his scheduling of the report’s release was certainly consistent with someone who knew he was likely to get a chorus of cheering from the media (which by the way, could have also influenced his conclusions as everyone is more likely to do something they if know is going to get them adulation). The report was released at 9 am on the Thursday of one of the slowest sports weeks of the year and, preposterously, his press conference was just one hour later.
Only in a story like this could a press conference an hour after the release of a detailed report which took at least three hours to properly read be taken remotely seriously. And yet, no one bothered to even point out that the very same media asking the questions of Freeh barely had time to read his remarkably biased conclusions and certainly had no way of examining the actual evidence in the report.
This pathetic reality reared its head with a massive amount of misreporting regarding the report. The most obvious example of this was that several commentators immediately took to ESPN and, based on the report’s debatable conclusion that Paterno knew about the 1998 Sandusky investigation, erroneously stated that this meant that Sandusky’s 1999 retirement had to have been related.
The amazing thing about this was that Freeh’s report specifically exoneratesPaterno on that very issue and these people (including former Paterno “friend” Brent Musberger and ESPN’s beat reporter Jeremy Schaap) not only got it dead wrong, but they also unwittingly revealed that they hadn’t even bothered to read the report.
There was also no coverage of a major mistake Freeh made during his press conference (no, not calling the key witness “McQuade”) when he appeared to claim that his team had spoken to the two janitors who allegedly witnessed Sandusky molesting a boy in the Penn State locker room in 2000. Freeh seemed completely oblivious to the fact that the only witness to that episode has dementia and can’t speak to anyone. His team only spoke to someone to whom the original witness told his story (and, for the record, there is no known victim for that allegation either). Incredibly, I contacted the reporter who asked Freeh the question that got this response and it appears he had no idea Freeh had made a glaring error.
But the most significant problem with the media coverage of the report was that, partially because of the haste to get to the bottom line in a “breaking” news story (TV has no patience any more for actual facts), most of what got discussed were the report’s “conclusions,” and not the nature of the actual evidence on which they were based.
There was next to zero analysis of how it is that a man’s entire life and reputation can be destroyed by three extremely vague emails written by someone else (with whom Freeh never spoke who has never been asked publicly about them) over a decade ago. Quite literally, if Tim Curley was simply “name dropping” Paterno in an effort to bolster his position in the two most critical of those emails (a very plausible but seemingly impossible theory to prove), then the entire case against Paterno is dramatically different and, frankly, almost non existent. And yet in the mind of the media, and therefore the public, the evidence is perceived as both overwhelming and rock solid.
What makes this particularly galling is that it is never even mentioned that the very same Curley whose emails are now said to “prove’ that Paterno took part in a “cover up” and “protected” Sandusky, is also the guy who, when Paterno died, released a glowing written statement praising the coach’s “honor and integrity.”
Why has there not been even a perfunctory effort on the part of the media to understand how that public pronouncement makes any sense at all under their own current narrative? In the media’s view, Paterno must have forced Curley into a cover up and caused him to be charged with serious crimes. Why in the world would he praise Paterno’s “honor and integrity,” especially when it could take away the legal defense of “Joe made me do it”?
These are questions that the media is simply just not interested in even asking because they might not like the answer they get (that, and most of them don’t even realize that Curley did this, or aren’t inquisitive enough to connect the dots). Instead, their narrative has now quickly turned to whether or not Paterno’s statue should stay in place or whether Penn State football should somehow get the death penalty.
So now that the media thinks they have all the answers they want (and too much of the public, and even Penn State supporters, have bought it hook, line and sinker), the need for further information is now over. There is no need to wait for the Curley trial when we might actually learn whether the “leads” that Freeh found are actually real evidence.
Most maddeningly, the media is now openly mocking the Paterno family for continuing to speak out and for their plan to come up with their own version of the Freeh Report.
So, let me get this straight. The media rushes to judgment against Paterno, the family says they just want the truth to come out, the media finally gets some vague evidence which can be interpreted as backing up their original view, and now the case is closed because once they have gotten the answer they want they decide it is wrong to ask any further questions? Really? Why does this feel like something out of a Cold War era fascist country?
The bottom line here is that we simply don’t know exactly for sure what Joe Paterno knew and how his actions regarding Sandusky should finally be evaluated. Unfortunately, barring Tim Curley coming forward with the whole truth, there seems to be a good chance that we will never know all the answers on that issue. What we do know for sure is that the media’s coverage of Joe Paterno has been a disgrace which has further proven that real journalism in this country is dead. Whether the media ends up having guessed right here is irrelevant to that sad and obvious conclusion.