Sunday, March 2

What you probably didn't know about the 1998 Sandusky investigation

The 1998 incident provided considerable insights into Sandusky's pedophile behavior and one of the cover-ups in this case.

By
Ray Blehar

The often repeated version of the 1998 story doesn't begin to tell the full story of what we assumed was the first incident that resulted in a child abuse investigation of Jerry Sandusky.   


During Spanier's grand jury hearing in April 2011, prosecutor Frank Fina mentioned the Commonwealth was told of a previous Sandusky investigation for illegal contact with a minor in 1984.  Fina stated they were unable to find police record of that incident.  Thus, the 1998 incident may not have been Sandusky's first brush with the law about child sexual victimization.

As for the 1998 incident, the popular version of it goes like this...

A boy arrived home with wet hair from showering with Sandusky after a workout on PSU's campus. That upset the mother and she called the University Park police who investigated the case.  The incident involved Sandusky giving the child a hug while they were both naked in the shower. After a lengthy investigation, no charges were filed and the case was closed by then Centre County District Attorney (DA) Ray Gricar.

As the Sandusky scandal unfolded, and police reports and psychology reports were released, the story broadened and the public learned that three other arms of government -- the PA Department of Public Welfare (DPW), Centre County Children and Youth Services (CC CYS), and the State College Borough police were also involved in the investigation, as was psychologist Dr. Alycia Chambers and unlicensed counselor, John Seasock.  

The Freeh report added additional information, when the "secret file" of Gary Schultz revealed notes that he had kept from his discussions about the case (presumably with University Park police Chief Tom Harmon).

A fuller picture of a botched investigation appeared, with conflicting evaluations of the victim, missing reports, and other bureaucratic bungling.   And what appeared to be a concerted effort by the Commonwealth and Louis Freeh to cover up the mistakes.

Ironically, the actions of Sandusky and his interactions with Victim 6 and the second boy, BK, were only examined superficially.  We just got the highlights.

When you examine the complete timeline of Sandusky and his interactions with these boys, what materializes is a story of a pedophile who surreptitiously accessed, abused, and then stalked a vulnerable boy.

The Timeline
April 1998: Sandusky met Victim 6 at a TSM picnic in Spring Creek Park.  

Sunday
5/3/98 3:36PM - Jerry called V6 to set up work out
5/3/98 5:42PM - Jerry called V6 to provide his arrival time
5/3/98 7:00PM - Jerry picked up V6 to go the workout
5/3/98 7:15-8:45 - Sandusky and V6 toured locker room, worked out, & showered. 
5/3/98 9:00PM - Sandusky dropped V6 off at his family's apartment

Monday
5/4/98  Mother & son met with police, CYS, and psychologist Chambers 

Tuesday
5/5/98 1:55 PM DPW's Jerry Lauro informed Schreffler he was following up on the case

Wednesday
5/6/98 9:19PM - Jerry called Victim 6 

Thursday
5/7/98 11:15AM  Lauro, Schreffler, & Weaver interview mother of V6 at apartment

Friday
5/8/98 2:00 PM Seasock evaluated V6

Saturday
5/9/98 12:10PM Seasock discussed evaluation with Schreffler

Sunday
5/10/98 4:20PM - Jerry called & left message for V6 to call him.

Monday
5/11/98 3:45PM - Jerry called V6 to invite him to go to Altoona. V6 responded that he'd  need his mother's permission.  Jerry also talked to BK and asked him how his baseball practices were going.

Tuesday
5/12/98 Jerry called V6 to ask to pick him up on the 13th.

Wednesday
5/13/98 3:55  Jerry called V6 to confirm pick-up
5/13/98 4:00  Jerry arrived. Confronted by mother about incident (Police eavesdropping)
5/13/98 4:05  Jerry left premises without V6.  Mother reported that the first time Sandusky came to her home, he came to the rear, sliding glass door.
5/13/98 6:00  BK reported Jerry was at his little league field (Gill Field) talking to him.

Tuesday
5/19/98 Jerry arrived at V6 apartment and is questioned by mother and admitted to showering with other boys before.  The mother informed Sandusky he should not attend any more of her son's baseball games.

Monday
6/1/98  11:00AM Schreffler and Lauro interviewed Sandusky.

What you likely missed in the official 1998 reports?

There are some lesser known facts from this case that few people know and then there are some things you can glean by reading between the lines.  


1.  Possible DPW/CYS Tip-offs to Sandusky/TSM.  According to member of TSM, they had no idea that Sandusky was investigated in 1998 and blamed Penn State for keeping the information away from them.  As most readers of this blog know, CC CYS was required by the Public Welfare Code to contact TSM at the outset of the 1998 investigation and put a safety plan in place.  Obviously, that didn't happen, but the idea that Sandusky or TSM didn't know about this incident until the end of the investigation is highly debatable.

As the investigation progressed, Sandusky appears to have called Victim 6 in close proximity to the times an action was taken on the case.  To wit:

On Monday 5/4, Victim 6 met with police & caseworkers.
On Wednesday, 5/6, Sandusky called Victim 6 at 9:19PM

On Friday, 5/8, Victim 6 was evaluated by Seasock
On Sunday, 5/10, Sandusky called Victim 6 at 4:20 PM

Was Sandusky trying to find out what the young boy had told investigators?  These calls were obtained from caller ID and the purposes are not stated in any report.

According to Sandusky's prison interview, he stated he was surprised when he was approached on June 1st by Schreffler and Lauro and claimed it was the first he had any idea he was under investigation.   

I'd take that statement with a grain of salt.

At least 16 known individuals and other unspecified persons definitely had knowledge of the 1998 incident, some of them who were friends and associates of Sandusky.  Those sixteen were:  

Subjects/Complainants:  Victim 6, his mother, and BK;

Police:  Schreffler; Weaver; Harmon, and Ralston (and other police);

DA's Office:   Arnold, Sloane, and Gricar;

Child Welfare:  Lauro, DPW (and his supervisor) and Miller, CYS (and associates)

PSU Officials:  Schultz and Curley 

Other:  Dr. Alycia Chambers (and associates), John Seascock


Former Police Chief Tom Harmon
Former Police Chief Tom Harmon, who was at one time a neighbor of Sandusky's and went to the same church as Jerry, could have been tipping him off to what was happening every step of the way.  Harmon deserves particular scrutiny in this case because he is the person responsible for mislabeling the police report as "Administrative Information" so that the media would not discover it.



Other State College policemen, aside from Ralston, were aware of the 1998 case.  One recalled Schreffler stopping by to ask someone to go on the first sting with him.  The mother also first called the State College police, who referred her to University Park.

Dr. Chambers reported one of her associates was familiar with Sandusky from interactions with TSM.  One way or another, it is likely word got back to Sandusky and/or TSM during those 37 days that he was under investigation.

2. Access without parental consent.  The fact that Sandusky came to the rear sliding doors of the apartment the first "known" time he came there indicates that he had been to (or at least by) the apartment without the mother's knowledge.  The mother was troubled by Sandusky coming to the back door and brought it up to the police on May 13th.  She asked  how he knew which back door was their's because there was nothing to identify the apartment. Given that her son was in little league, that activity gave Sandusky an opportunity for access without her knowledge.  It is likely that Sandusky  may have followed Victim 6 home from baseball practices (or perhaps gave him a ride home) and observed him enter the apartment through the rear doors

3. The workout and shower incident.  Most of the attention focused on the shower incident itself and the fact that Sandusky hugged the child while naked, however, there is more to the story.  

Det. Ronald Schreffler
First, Detective Ronald Schreffler testified that he believed Victim 6 did not fully disclose what happened to him, stating, and “I felt there was more that <redacted> hadn’t told me."

Schreffler's police report stated that Sandusky was "biting (kissing him on the arm)."  This fact was not brought out in most media reports or at the trial -- the only kiss most heard of was the one Sandusky gave the boy on the forehead during the workout.

Next, Victim 6 has never fully disclosed the details of the incident. He testified that things went "black" from the time he was in the shower with Sandusky until the time he arrived home.  This is consistent with the behavior of many boys who are vitcimized by a man.  Disclosures are often inaccurate and the level of abuse is typically disclosed incrementally. His memory of his arrival at home differs from that of his mother's.  Victim 6 always says his hair was wet, however, the mother told Dr. Chambers the boy's hair was bone dry.

His behavior after coming home indicates that something happened which made him feel "dirty,"   According to Schultz's notes and other reports, he took a shower after arriving home that night and again the next morning.  

Interestingly enough, the fact that he showered two times in the 11 hours after he had showered with Sandusky was not mentioned in the grand jury presentment, in the text of the Freeh Report, or at any time during the trial of Sandusky.  

Those omissions were not by accident.

The context of Sandusky's "playful" behavior with Victim 6 was also never fully explained.  The lowering of sexual inhibitions is usually done so gradually and skillfully the victim does not realize he or she is a victim until it is too late.  The activity can progress to fondling while wrestling, drying the child with a towel, massaging an injury, giving a back rub, tickling, playing a physical game, or cuddling in bed.  In this instance, Sandusky first got the boy on the floor by engaging in a game of "Polish soccer" (where a rolled up sock or tape ball would be kicked into a garbage can/target) then moving from that game into a wrestling match.  As we learned, Sandusky then worked out with the boy and suggested they shower.

Sandusky's coaxing of the boy to shower with him was also a typical pedophile behavior.  Again, he had selected a vulnerable boy who was at an age where he didn't fully understand what behaviors were normal between males.  When Sandusky said "all the guys do," Victim 6 believed him and took a shower with Sandusky, even though it made him uncomfortable.  This statement - "all the guys do" and similar statements are used by pedophiles in the seduction process of their young victims.

4.  Possible stalking behavior.  The fact that the mother told Sandusky to not attend her son's baseball games reveals that Sandusky, after being rebuffed on the 13th, he attempted to stay in contact with Victim 6 (without the knowledge of the mother) by attending his baseball practices.  

Of course, with Sandusky being a local celebrity of sorts, word filtered back to the mother that Jerry was hanging out at practice.  Even after she told Sandusky to stop going to her son's practices, he continued and the mother was forced to pull her son out of Little League.

Sandusky also exhibited this behavior with Aaron Fisher (Victim 1) and other boys at Central Mountain High School.  According to Vice-Principal, Steve Turchetta, when the boys broke off their relationships with Sandusky he became clingy and needy.   He got into shouting matches with the boys in which Turchetta played referree. Aaron Fisher testified that Sandusky followed his school bus home and chased him from the bus stop to his home, stopping at times to yell at Aaron to get into his car.  Fisher ran away, hiding behind bushes, as he made his way back to his home.

Victim 4 also testified that his "break up" with Sandusky was similar, with Sandusky becoming emotional and writing him "creepy love letters" in an effort to pull him back into the relationship.  

Conclusions

In 1998, a mother came forward purely out of the interest of protecting her son.  There was nothing for her to gain financially.  She protected her son from Sandusky as best as she could during the investigation, often paging the police when Sandusky would make unauthorized contact.   After the investigation concluded and Sandusky was cleared, she took steps to ensure Sandusky never had one-on-one access to her son again.

The victim's story of the incident, which he appears to be downplaying, has stayed consistent throughout and led to convictions on three sex offenses.  Only he and Sandusky may know what happened in that period that went "black."  

Sandusky's behavior far exceeded what is acceptable behavior for anyone who works with children in youth programs and were determined to be consistent with "grooming" according to Dr. Chambers.   His known actions with this victim clearly violated the statutes related to Megan's Law (i.e., sexual offenses).  His "need" to maintain contact with Victim 6 eventually forced the mother to pull the boy out of little league to ensure Sandusky did not have access without her knowledge. 

Numerous people were aware that Sandusky was under investigation and it is very likely that TSM and/or Sandusky was informed about it while in was in progress.

The Commonwealth and Louis Freeh attempted to bury one of the most important pieces of evidence in this case, if not the entire scandal -- that Victim 6 took a shower just hours after showering with Sandusky, then took another shower the next morning.  Police and caseworkers were aware of this fact, as well as over a dozen signs of possible child sexual abuse in this case. Despite the evidence of possible sexual abuse, DPW decided to "resolve the matter quickly" less than 10 days into the investigation.

There is more than one cover-up in this scandal and the evidence indicates that the Commonwealth and Louis Freeh were involved in covering up the failure of DPW in 1998.















Wednesday, February 26

Thanking John Ziegler and Going In a Different Direction

Recent events has caused me to pause and reflect on the search for truth in the Sandusky scandal.

I first got involved with the scandal after writing a letter to PSU President Rodney Erickson suggesting that Penn State rebut the Freeh Report.   When that rebuttal didn't happen and PSU signed the Consent Decree, I realized something was terribly amiss.

At the same time this occurred, Barry Bozeman, the originator of notpsu.blogspot.com asked me to co-author this site and join him in the search for the truth. The TRUTH is all we sought.  We never sought money or fame.

Right after the Freeh Report was written, John Ziegler stepped up and wrote quite a good rebuttal.  Barry Bozeman got notpsu aligned with John, Marc Rubin, and Walter Uhler to form the Framing.Paterno network.  Eventually, John and I were the sole survivors of the original group and Eileen Morgan and Tom Owens were added to the fold and continuing to pursue the truth.  Obviously, I would be remiss if I did not mention Franco Harris, who became the "front man" for our pursuit.

I think John deserves a lot of credit for being one of the first out of the gate and taking on the challenge of clearing Joe Paterno's name.  He did it with nothing financially to gain and with great courage and personal sacrifice.

However, John has taken a different direction in his pursuit of the truth and I am afraid we have come to a point of irreconcilable differences.

John believes the only way to exonerate Joe Paterno is to clear Jerry Sandusky of his crimes.  If I understand him correctly, his theory is that Sandusky is innocent and/or his acts were not egregious enough for the authorities to intervene.  John believes the Commonwealth of Pennsylvania officials  "railroaded" Jerry in order to enhance their careers.

On the other hand, my analysis of the available evidence in the case indicates that there are multiple layers of cover-ups and deceptions.  I came to this position over time, adding layers as I found the evidence.

For the record, my themes of the case are:
1.  Sandusky is a serial child molester and guilty of many crimes under the relevant statutes.
2.  The Commonwealth had a financial interest in covering up the failures of DPW in 1998.
3.  The Second Mile had a financial interest in covering up Sandusky's crimes.
4.  Louis Freeh, who was recommended by Governor Corbett, collaborated with the OAG to ensure no responsibility fell on The Second Mile, DPW, and other parties at PSU.
5. The PSU BOT is a corrupt body and also used Freeh to deflect attention away from themselves and avoid a legitimate investigation into PSU's financial dealings with Second Mile (and its members).

 John's efforts in fighting the media malpractice in this case were superlative.  Unfortunately, this is not a battle that can be won in the blogosphere or by a single individual trying to "shout down" the system.

The truth of the Sandusky scandal will ultimately be revealed by the outcomes of the judicial processes, the PA Attorney General investigation of the Sandusky investigation, and the Federal investigation of The Second Mile.

I will continue to blog here and reveal facts of the case as I find them, passing the most important of those facts to law enforcement officials.

As always, I will strive for accuracy and when I'm not accurate, I'll let you know and correct the errors.

Please join me in wishing John Ziegler the best in his endeavors.

Sincerely,
Ray Blehar




Tuesday, February 25

Do 'missing" witnesses in Sandusky case reveal a "Keystone Cover-Up?"

Were the "missing" witnesses at the Sandusky trial part of an effort to ensure no blame fell on DPW, CMHS, and  Second Mile officials?

By
Ray Blehar

Most intelligent observers of the Sandusky case believe that even though Sandusky was guilty of many, if not most, of the crimes he was charged with, something was not quite right about the trial.  

While the outcome was correct and Sandusky is where he belongs as a convicted sex offender, the manner in which the prosecutors and the defense teams went about putting on their cases left many people scratching their heads.  I noted many problems with the Victim 8 presentations - especially that an essential witness, Jay Witherite, didn't testify.  However, Witherite was just the tip of the iceberg when it came to "missing witnesses" in the Sandusky trial.

There were a lot of other witnesses who should have been called to make the case for the prosecution (P), but weren't called.  Similarly, some of the absences on the defense (D) side were equally puzzling.

But when you look at the list as a whole, one could conclude that witness selection was done to ensure that the Department of Public welfare (DPW), Centre County Children and Youth Services (CC CYS) Central Mountain High School (CMHS), and The Second Mile (TSM) got passes.  Also, it didn't look like Joe Amendola was playing his best cards if his hope was to get acquittals on at least some of the charges.

Missing Witnesses
Here's a list of the witnesses that were "no brainers;" we should have definitely heard from them at the trial.

Victim 1:  Dawn Daniels (P)*, Mike Gillum (P)**, Gerald Rosamilia (P), Karen Probst, CMHS (D), Steven Turchetta, CMHS (D)*

Victim 2:  Victim 2 (D), Dr. Jack Raykovitz, TSM (D)**,  Bruce Heim, TSM (D)

Victim 6: Dr. Alycia Chambers (P)**, the victim's mother (P)*/**, Jerry Lauro, DPW (D), John Seasock, CC CYS* (D), John Miller, CC CYS (D)

Victim 8: Jay Witherite (P)*, other janitors (P)

*on prosecutor's witness list
**on defense witness list

Mother's Intuition

In a child sexual abuse prosecution, one of the keys is to win the sympathy of the jury toward the victims.  As I documented in Report 3, prosecutor McGettigan excelled at this by painting the grown men who would testify as "little boys" who were helpless to fight back against the will of the molester.  From the comments of some of the jurors after the case, it was a very successful strategy.

Interestingly, McGettigan rarely used another powerful tool at his disposal to win the sympathy of the jurors:  the testimony of the mothers of the victims 1 and 6.

They were two mothers who reported crimes approximately ten years apart.  Both felt that sick feeling in their stomachs when their sons first mentioned the possibility of abuse. Both had to wait years to get justice.  Neither of them were presented as witnesses.

McGettigan called only the foster mother of Victim 10 and the mother of Victim 9 to testify in this case.  With regard to Victim 10, the purpose of the testimony was to establish that Victim 10 had contact with Sandusky and that the defendant had bought him shoes.  There was no mention of abuse nor did she mention anything that would have garnered sympathy from the jury.  Ironically, Joe Amendola ended up eliciting more damaging testimony from this mother than did McGettigan (and the same happened when he cross-examined Victim 10).

The mother of Victim 9 provided very little in the way of testimony that would have influenced the jury's decision.  The only notable things she mentioned under direct testimony were: picking her son up from Sandusky's home late one night when he was not wearing shoes; and that his underwear was missing from the laundry.  Similarly, Victim 9's mother did not mention anything about her son being abused, with the exception that she told a counselor and a teacher that Sandusky was "touchy feely."

Ironically, Joe Amendola elicited more harmful testimony than did prosecutor McGettigan during his cross-examination.  Rather than let sleeping dogs lie, Amendola brought up the point about missing underwear, to which the mother added that his socks were missing too.

Those were the only two mothers who testified at the trial.   Aaron Fisher's mother (Dawn Daniels) and the mother of Victim 6 were not presented as witnesses.

Both were complaining mothers who triggered investigations of Sandusky and both had compelling stories to tell that would have added credibility to the testimony of their sons.

Dawn Daniels
Dawn Daniels
Press reports and television interviews revealed that Dawn Daniels learned of her son Aaron Fisher's abuse when he was doing a search on the computer for "sex weirdos" and was looking to see if Jerry Sandusky was listed.  Daniels recalled getting a sinking feeling in the pit of her stomach.  Daniels was worried enough that she called his school the next day about it.  That was the day that Fisher broke down and told CMHS officials about his abuse.  According to Daniels, school principal Karen Probst told her to go home and think about it before deciding to report Sandusky.

Daniels went forward with the complaint to Clinton County Children and Youth Services, where Aaron was interviewed by psychologist Mike Gillum.  Daniels, Fisher, and Gillum then had to face a nearly three year battle with the PA OAG to finally get what they believed would be justice against Sandusky.  It is little wonder that McGettigan didn't want Daniels to testify.  Her testimony would have undoubtedly shone the spotlight on the footdragging by CMHS and the police investigators.

Mother of Victim 6
Contrary to popular belief, the mother of Victim 6 did not approve of her son's relationship with Sandusky.  You can find that evidence in Victim 6's trial transcript (page 23) where he stated:

"She - we differed on it, because I thought she was trying to get him in trouble and I became very defensive and would always talk light of him, you know, "Jerry is getting me tickets again." And she just always kept her mouth shut and I could always tell we just knew that we were on different pages."

In fact, sources close to the family revealed that the mother had cut off all one-on-one contact between her son and Jerry Sandusky.  Her son was only allowed to go to games if Jon or Matt Sandusky drove to pick him up and under the condition that there were other boys attending.

There is little doubt in my mind, that what she had to say about the abuse incident and the aftermath (as well as some other evidence not presented at the trial) would have influenced the jury to convict on the indecent assault charge with regard to her son's incident.

Based on the information in the 1998 police report, Schultz's notes from 1998, Victim 6's testimony, Dr. Chambers report, and my phone conversation with Chambers in October 2012, the initial incident was not at all as it has been reported.

As I noted in Report 1, the boys hair was DRY when he arrived home.  He then described his activities with Sandusky, describing how he got to try on Curtis Enis' shoulder pads and helmets.  He was given a pair of Joe Paterno socks, which he actually hugged in front of his mother.  The socks were a prized possession.
He was very upbeat and animated, but then his mood turned.

Next, he looked down at the floor at told his mother:

"..if you're wondering why my hair is wet, it's because we took a shower."

He then turned and ran to his bedroom, slamming the door behind him. Victim 6 testified that he told his mother what happened, then "I took off."




The mother immediately knew something was wrong.

As Dr. Chambers reported, the mother told her that her son had a habit of adding things that bothered him at the end of a conversation.  Also, a young person leaving "clues" that would provoke a discussion about sexual issues is a warning sign of possible sexual abuse.

When the mother later went to the bedroom to check on her son, she asked him some questions but did not press the issue.  However, her worst fears were confirmed when she heard her son in the shower a little while later. 

The next morning, she heard the shower running and realized her son was showering yet again.  At that point, she called Dr. Chambers to inform her of the situation, stating "I'm calling you so you can tell me I'm crazy."

A prosecutor who desired to succeed on an indecent assault charge would have made sure the jury heard this information, particularly the dramatic way in which Victim 6 told his mother about the shower and that he then took one shower after arriving home with Sandusky and another the next morning.  But those stories weren't ever heard by the jury.

This fact of multiple showers was clearly written down in Schultz's note and it can be derived from combining the police report information with the information in Dr. Chambers report.   There is no doubt it happened.



From the July 29, 2013 preliminary hearing testimony of Kimberly Belcher, we know that the prosecutors possessed Schultz's file notes well in advance of the Sandusky trial.  They knew that the notes contained critical information that signs of child sexual abuse were present that could have resulted in another conviction.  However it appears that they made the choice not to go "balls to the wall" to seek full justice for the victim because revealing all the facts would have exposed DPW's failures in 1998. 

More Missing Witnesses for Victim 6

Dr. Alycia Chambers
The prosecutors not only didn't present Dr. Chambers as a witness at the trial, but didn't even bother to identify her as a potential witness during jury selection.

Dr. Chambers had correctly identified Sandusky's "grooming" activities toward Victim 6.  Her report provided a detailed discussion of typical pedophile overtures, such as making promises to him, to have him sit on his lap while they went on-line, and gradually introducing him to touching.   The description of her interview with the boy was equally damning, particularly her description of him being physically anxious at the start and eager to discuss what had happened.  Chambers stated that in other sessions the boy would wander around to room looking for things to play with, but in this case he was "wide-eyed" and sat right down to begin the session.  

Dr. Chambers reported that Victim 6 was visibly anxious and conflicted, repeating:

"I don't think he meant anything by it" and "he's married, so I don't think he meant anything." 

Victim 6 told Dr. Chambers he was uncomfortable and didn't ever want to go through that situation again.  The mother told Dr. Chambers that her son was not sleeping well and was up often through the nights since the incident.

If the goal is to get convictions for all charges, why wouldn't the Commonwealth want this psychologist to testify?  Most likely because Dr. Chambers posed a great risk in revealing that her report was provided not only to the police, but to the Department of Public Welfare and to Centre County CYS (according to my October 2012 discussion with her). 

Ironically, she was listed as one of the defense's potential witnesses during jury selection.  She obviously believed Sandusky to exhibit the behaviors of a pedophile, so why would Amendola even consider her for a defense witness?

Something's not quite right here.

Lauro, Miller, and Seasock
With the prosecution only having Victim 6 and Detective Schreffler testify to the alleged crimes in that incident, it left the door wide open for Joe Amendola to call in the caseworkers who investigated the incident and concluded no abuse took place.  But Amendola never called DPW program representative, Jerry Lauro, who made that decision.  According to the Patriot News, Lauro stated:

“At that time, the information that we had wasn’t sufficient enough to substantiate a case” 

The Pittsburgh Post Gazette quoted Lauro as follows:

"It didn't meet the criteria.  If I really thought there were any child abuse ... I definitely would have indicated it."


Amendola also failed to call Centre County CYS caseworker, John Miller, who interviewed Victim 6 (and BK) and who arranged the interview by John Seasock, to testify.  Miller has been a missing person throughout the Sandusky proceedings, with no report of him testifying at the grand jury.  

Amendola also could have presented John Seasock as a defense witness because his report concluded Sandusky was not a pedophile and that he had "boundary issues."  Seasock characterized Sandusky's behavior as normal for a male football coach.  The latest information about his professional credentials reveals that he holds two masters degrees, is a PhD candidate, and is the president of Renaissance Psychology and Counseling, Incorporated.  

It is a mystery why Amendola didn't call these individuals to testify.  

In fact, he did not include Lauro and Miller as potential witnesses during jury selection, yet his list included Dr. Alycia Chambers.  That is truly inexplicable.

More Missing Witnesses for Victim 1

Mike Gillum
Mike Gillum
According to his own book, Silent No More, Aaron Fisher was not a strong witness at the grand jury and read from a prepared script for his last grand jury appearance in April 2011.  Fisher also needed considerable moral support from Mike Gillum in order to testify.  So, it was highly unusual that the prosecutors did not present Gillum - who obtained the disclosures from Fisher - as a witness.  In fact, witness Jessica Dershem never mentioned Gillum as one of the people who assisted Aaron on the day he complained to CYS.

Dershem could not have forgotten about Gillum. He was the next person after her to talk with Fisher, and according to the book, came down to her office to retrieve Aaron.

The bottom line here is that Gillum was an outspoken critic of the footdragging over charging Sandusky and there was no way the Commonwealth wanted the psychologist to express his frustrations with the police, OAG, and Governor Tom Corbett at a highly publicized trial.

Gerald Rosamilia
The Director of Clinton County CYS, Rosamilia, testified at the grand jury and his testimony would have been valuable in establishing that Sandusky had issues with getting too close to children at The Second Mile. According to press reports, when Rosamilia called TSM to inform them that Clinton County CYS was severing its ties with the charity, he was told by Katherine Genovese that they had to sometimes tell Jerry "to back off" some kids.  

If the prosecutors are trying to establish that Sandusky was molesting boys at TSM, this would have been a valuable point of reference.  However, it would have also implied that TSM had received complaints about Sandusky and that their solution was to have him "back off" (and move onto the next kid).

Karen Probst and Steve Turchetta
The school officials at CMHS actually could have been used as witnesses for the defense.  As USAToday reported in October 2013, Probst allegedly called Clinton County CYS in advance of Fisher and Daniels' arrival in an attempt to discourage them from taking the report seriously.  However, as Daniels reported at the outset, Probst had attempted to discourage her from reporting Sandusky because of all the "good" that Jerry did for the community.  Probst did not make it onto Amendola's list of potential witnesses.

Ironically, Steven Turchetta was on the prosecutions list of potential witnesses.  Turchetta testified at the grand jury that he had noticed Sandusky get "clingy" when boys broke off their relationship with him and that Sandusky got into shouting matches with boys.  Turchetta also would take some of the boys out of class so that they could meet with Jerry and said that he refereed some of the shouting matches.  Yet, Turchetta never reported Sandusky's unusual behavior.  


One would think that this would be an area worth probing by the defense.  As we would later watch on ABC, Turchetta refused to be interviewed about his actions in the Fisher case.  

That none of the CMHS officials made it into the courtroom (except wrestling coach Joe Miller) supports the theory that the Commonwealth was protecting all the institutional failures in putting a stop to Sandusky -- with the notable exception of Penn State.

The Victim 8 incident
The most notable missing witness in the Victim 8 incident is janitor Jay Witherite.  According to prosecutor McGettigan, Jay Witherite and Ronald "Buck" Petrosky were both to be presented as witnesses to confirm the hearsay of the eye-witness janitor, James Calhoun.   With no explanation given, Witherite never testified at the trial.

However, Witherite was not the only missing witness, aside from Calhoun, in this case.  

Ronald "Buck" Petrosky
According to the grand jury presentment, Calhoun told the story of what he witnessed to several people on the janitorial staff that night.  Petrosky testified to the grand jury (page 22) that all the employees working that night were relatively new employees, except for Witherite.  Petrosky himself had only been in the job as a Maintenance Worker Utility since July 25, 2000,  having transferred from Student Services to the Office of Physical Plant.  Petrosky also said that Calhoun's fellow employees feared the elderly janitor might suffer a heart attack.  And because they feared for their jobs, that they had Calhoun, who was allegedly there as a temporary employee, report what he saw to Jay Witherite.

It is notable that Louis Freeh mentioned that Witherite met with the staff to discuss the incident, but Freeh did not interview anyone except the "witnesses in Gerald. A. Sandusky's (Sandusky) trial" (Freeh Report, page 65).

So where are all these other janitors who could have served as hearsay witnesses?  Why didn't the prosecution bring in the whole gang to verify the hearsay of Calhoun?  Why did it not call Witherite?

And why haven't any of these nameless individuals come forward to confirm this incident took place in November 2000?

The answer to all the questions is the same.  This incident didn't happen.

The Victim 2 Situation
The most unusual thing about the Sandusky trial was the apparent agreement between prosecutors and the defense attorneys that Victim 2 would remain "unknown." 

According to the Commonwealth, they contacted a person who they believed was Victim 2 in September 2011, however, his version of events in the 2002 (sic) shower incident were not consistent with Mike McQueary's.  Also, according to Tom Farrell, the attorney for Gary Schultz, this individual was interviewed four times and gave inconsistent versions of events four times.  With the exception of Farrell citing an inconsistent diagram of the Lasch locker room, little detail about the level of inconsistencies in this individual's testimony has not been disclosed.

The Victim 2 who won a settlement from Penn State for his abuse gave an interview to a former FBI investigator in November 2011 that conflicted with the account of Mike McQueary.  One of the more significant pieces of information to come out of the interview was that the individual heard a locker slam while he was showering with Sandusky but had no recollection of seeing McQueary (contradicting McQueary's testimony).  The locker slam information was not on the public record until one month later, when McQueary testified to it at the December 2011 preliminary hearing.  This testimony would be quite valuable if the defense would have chosen to present this individual as Victim 2.

However, where this apparently went off the rails is when the legal team of Ross Feller Casey got involved when the alleged Victim 2 sought the representation of Andrew Shubin in an unrelated legal matter.  Shubin apparently directed Victim 2 to Ross Feller Casey, and, at some point, he changed his story from not being abused to being abused.  His legal team would release voice mail messages  from Sandusky in September 2011.  The contents of the voice mails were non-specific, but were painted as Sandusky exerting pressure on the alleged victim.  

Later, defense counselor Joe Amendola stated it was a mistake not to present this individual to rebut McQueary's version of events.

Dr. Jack Raykovitz
Amendola, however, could have called at least two other individuals to rebut McQueary's testimony at the trial -- Dr. Jack Raykovitz and Bruce Heim. 

According to the grand jury presentment, Dr. Raykovitz testified that he was informed by PSU's Tim Curley that nothing happened in the shower that night.  Raykovitz also stated in numerous press reports that he had never gotten a complaint about Sandusky and that he was unaware of any abuse taking place within TSM programs.  




Bruce Heim
The Patriot News interviewed Bruce Heim for a five-part series they ran in August 2012.  In Part 3 of the series, Heim was quoted:

"For five years, I worked out at the football facility, several times a week, and saw Jerry showering with children.  I said I don't think it's relevant.  It happens every day at the YMCA.  I remember the conversation specifically because it seemed like a nonstarter because of what Penn State said went on."

Heim advised Raykovitz not to inform the TSM Board.  

Again, why wouldn't Amendola put these two men, who knew and associated with Sandusky at TSM for over two decades, on the stand as defense witnesses?  Amendola listed Dr. Raykovitz as a potential witness, but did not include Heim or any of the other key members of TSM's Board on his list.  

The only TSM official who testified at the trial was VP for Development, Henry Lesch, who attempted to show that McQueary had participated in TSM golf tournaments after the incident (his testimony was inconclusive).

It is truly remarkable - and highly unusual - that Amendola did not present a single character witness from TSM to testify on Sandusky's behalf.   Again, these were people who worked with Jerry for over two decades and not one was presented to testify.  

It is also highly suspicious that - according to press reports of the ongoing Sandusky investigation - TSM and its programs were never the investigation's target.  That is amazing, if it is true, considering all the victims were plucked from the charity.  

From the Friday, November 11, 2011 article:
Kelly will only say that the investigation is ongoing.  However, Gov. Tom Corbett — who as attorney general began the Sandusky investigation — said Thursday night that the new attorney general will look into what The Second Mile knew.

Apparently, Governor Corbett (on November 10, 2011) assumed that the GOP would retain control of the OAG and whoever worked there would carry out his wishes.

Things didn't work out that way.

New AG Kathleen Kane has agreed to let the Feds handle the TSM investigation and, for the good of Pennsylvanians, they will hopefully blow the lid off the "Keystone Cover-Up."









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.

Thursday, February 20

Ryan's e-mail storage policy saved Commonwealth less than 30 cents

Former Acting AG Bill Ryan's decision to delete e-mails older than six months old to save on storage costs is ludicrous

By
Ray Blehar

When the story broke that former Acting Attorney General Bill Ryan had changed the AG e-mail storage policy from five years to six months, he cited cost savings as one of the reasons for the change.  Ryan added he was not protecting anybody and that the change had nothing to do with the Sandusky investigation.

According to the Pittsburgh Tribune-Review, the office's former chief technology officer confirmed Ryan's statement.  Jim Ignalzo, 66, who is retired, stated "it was a cost and a management issue" and that managers kept up to 10,000 e-mails on their computers. Ignalzo said "it could have been a million," in reference to the number of e-mails deleted.

That said, it's clear that neither Mr. Ignalzo nor Mr. Ryan has shopped at a Best Buy lately.  

If they had, they would know that they could have stored those million or so deleted e-mails on an 32 gigabyte (Gb) flash drive for about $20.  However, that's being far too extravagant when hard drive storage is so cheap.

Numerous studies have been done on the declining cost of data storage, and not surprisingly, they confirm storage costs follow a trend similar to Moore's Law (which applies to integrated circuit costs).  A similar law, referred to as Kryder's Law is used for hard disk storage cost per unit of information.  See chart below:



While the chart above ends in 2009 and stops at .07/Gb, a later study revealed that the average cost per Gb was about .01/Gb in 2010.

The average e-mail uses about 30 kilobytes (kb) of storage.  A normal text e-mail of a few paragraphs takes up about 16kb.  A longer e-mail of 37 pages might use about 75kb.  Given that mix 30kb per e-mail sounds about right for an average e-mail.  Note: There are 1,048,576 kb in a Gb.  

Let's do the math:


1,048,576 kb / 30kb in an email = 34,862 e-mails in a Gb

1 million deleted emails/34,862 emails per Gb  = 28.64 Gb storage

Cost savings of deleting 1 million e-mails = $0.29


Much like Governor Corbett, when pressed about the policy, Ryan resorted to the argument that convicting Sandusky on 45 of 48 counts was really what was important and "he doesn't like it at all" that Kane is investigating the prior administration's investigation,

Rep. Mike Sturla, D-Lancaster County, said Ryan's action "raises more questions than it answers."

It just gets better and better.








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