What, if anything, should the NCAA do to Penn State?

Consider this... if you will

This was sent to me by a friend. On balance, I find it to be interesting at the very least.
(NOTE: [pease ignore the asterisks and other goofball formatting that have suddenly appeared as a result on my copying and pasting the text below. They are inadvertent and were not part of the original text. I think it may simply have to do with PC Vs iPad compatibility, etc.)


Thought you all might find this interesting: http://www.powerlineblog.com/archiv...eak-to-non-existent-on-the-current-record.php

"POSTED ON*JULY 26, 2012*BY*PAUL MIRENGOFF*IN*SPORTS

THE CASE AGAINST JOE PATERNO: WEAK TO NON-EXISTENT ON THE CURRENT RECORD
I haven’t followed the Penn State child molestation scandal closely. My interest in sports is an interest in sports, not investigations of crimes by people involved (or formerly involved) with sports.

Nonetheless, I am aware that a consensus exists that former Penn State football coach Joe Paterno acted improperly in connection with Penn State’s response to allegations of child molestation committed by one-time assistant coach Jerry Sandusky. This consensus led to the removal of a statue of Paterno, whose contributions to Penn State as a coach and financial contributor were enormous.

The consensus emerged from the report of Louis Freeh regarding Penn State’s actions related to the sexual abuse committed by Sandusky. But a friend of mine — a top-notch lawyer and former federal prosecutor — has carefully reviewed*the Freeh Report. He concludes that the Report does not establish wrongdoing by Joe Paterno. Having now looked at the Freeh Report, I agree.
Here is what my friend wrote:

I believe the media, the Freeh Report, and many others have misrepresented Joe Paterno’s culpability in the Jerry Sandusky matter. The evidence against Mr. Paterno amounts to virtually nothing. After more than 430 interviews and a review of more than 3.5 million documents and other information, the Freeh Report concludes that three emails from other people – former Penn State President Graham Spanier, Athletic Director Timothy Curley, and Senior Vice President Gary Schultz – prove that Mr. Paterno was a co-conspirator in a cover-up. I do not read the evidence in the Freeh Report that way, and I do not believe the conclusions about Mr. Paterno are either warranted or fair.

The claim seems to be that Mr. Paterno knew about a 1998 allegation and did nothing, and that in 2001, when he learned about Mike McQueary’s information, he waited a day before he reported the information to the athletic director (Curley) and the vice president in charge of the University Police (Schultz) and then did nothing else.

First, with respect to the 1998 incident, the Freeh Report says that several authorities promptly investigated and reviewed the matter, including the Department of Public Welfare, the University Police Department, the State College police, and the local district attorney’s office. Freeh Report at 42-47. A “counselor” named John Seasock issued a report that found “no indication of child abuse.” Freeh Report at 42-46. Mr. Seasock interviewed the alleged victim and determined that “there seems to be no incident which could be termed as sexual abuse, nor did there appear to be any sequential pattern of logic and behavior which is usually consistent with adults who have difficulty with sexual abuse of children.” Freeh Report at 44 (quoting Mr. Seasock’s 1998 evaluation of the alleged victim). The Freeh Report adds that Mr. Seasock “couldn’t find any indication of child abuse.” Freeh Report at 45.

The police investigated and “did not question Sandusky at this time,” and the Freeh Report says that “the local District Attorney declined to prosecute Sandusky for his actions.” Freeh Report at 45-46. A “senior administrator” explained that “the case against Sandusky was ‘severely hampered’ by Seasock’s report.” Freeh Report at 46. The University Police also investigatedthe matter and unlike the local police, they interviewed Sandusky. Sandusky claimed “nothing happened” (Freeh Report at 46) and the University Police concluded that “no sexual assault occurred.” Freeh Report at 47.

The only evidence of Mr. Paterno’s involvement is a passing reference in an email from Curley to Spanier and Schultz that says that Curley “touched base with the coach. Keep us posted.” Freeh Report at 20, 48. A second email from Curley to Schultz that says “Coach is anxious to know where it stands.” Freeh Report at 20, 48. There is no other information about Mr. Paterno’s involvement in the incident. In fact, the Freeh Report does not even establish that the references to “Coach” refer to Joe Paterno. The most it can and does say is that “[t]he reference to Coach is believed to be Paterno.” Freeh Report at 49. The Freeh Report cites no evidence to support this assertion, but even if “Coach” refers to Coach Paterno, what do these emails prove? The answer is: nothing. At most, these emails suggest that Mr. Paterno was concerned and wanted to know whether Sandusky was guilty of any wrongdoing.

Of course, if Mr. Paterno did express concern about the matter, then the question becomes: what did anyone tell him about the allegations and the investigation?

The Freeh Report provides no answer to this question. The Report does not provide any evidence about what Joe Paterno knew about the 1998 allegations against Sandusky. The Report does not provide any evidence about what Mr. Paterno did or said, or what anyone said to Mr. Paterno. Indeed, the Freeh Report suggests that both law enforcement and the University police agreed that nothing improper happened and that the allegations lacked merit. Did anyone tell Joe Paterno about those findings?

The Freeh Report concludes that the “record” is “not clear as to how the conclusion of the Sandusky investigation was conveyed to Paterno.” Freeh Report at 51. The Report includes many statements that assert things like “nothing in the record indicates that Joe Paterno spoke with Sandusky.” See, e.g., Freeh Report at 51. The absence of evidence or information proves only that Mr. Freeh did not find evidence. It does not affirmatively prove anything about Mr. Paterno.

Furthermore, despite the lack of evidence about Mr. Paterno’s culpability with respect to the 1998 incident, the Freeh Report accuses Mr. Paterno of “allow[ing] Sandusky to retire in 1999, not as a suspected child predator, but as a valued member of the Penn State football legacy.” Freeh Report at 17. The Freeh Report’s expression of outrage may sound compelling now, with the benefit of hindsight and the evidence that now exists about Sandusky’s criminal misconduct. But given that (1) law enforcement officials and other people investigated the 1998 incident and found no wrongdoing; (2) Seasock’s report exonerated Sandusky; (3) the District Attorney declined to prosecute the case; (4) Sandusky denied the allegations; and (5) the complete lack of evidence about Mr. Paterno’s knowledge, involvement, and actions, it is difficult to see how Mr. Paterno can be subject to ridicule because he “allowed” Sandusky to retire “not as a suspected child predator.”

As to the issue about whether Joe Paterno should have done more with the McQueary information, I keep coming back to one critical missing piece of evidence: what did Curley and Schultz tell him? Schultz, in particular, is the important actor here because he was the top university official in charge of the University Police. Freeh Report at 33. If JoePa wanted to cover this up, he would never have reported McQueary’s information to Curley and Schultz within a day of receiving it. Is waiting one day on a weekend evidence of a cover-up? Mr. Freeh and others seem to think so. The Freeh Report repeatedly cites Mr. Paterno’s comments about not interfering with the weekend as evidence of some kind of evil intent. But, again, this proves nothing. Would the Report conclude differently if Mr.Paterno had spoken with Curley and Schultz on Saturday evening instead of Sunday?

Furthermore, if Mr. Paterno had reported the McQueary information to me (were I, like Schultz, the official in charge of the University Police), I would have told him to keep his mouth shut going forward and let the authorities handle the matter. Otherwise, Mr. Paterno could have tainted the investigation. And, because he was a potential trial witness (to McQueary’s prior consistent statements, see Federal Rule of Evidence 801(d)(1)(B) and Pennsylvania Rule of Evidence613(c)), any further statements or action by Mr. Paterno could have become cross-examination fodder for the defense. Any further action by Mr.Paterno could only have damaged the integrity of the investigation and any prosecution against Sandusky.

Indeed, Mr. Paterno explained his actions before he died by saying that “I was afraid to do something that might jeopardize what the University procedure was. So I backed away and turned it over to some other people, people I thought would have a little more expertise than I did.” Freeh Report at 77-78. This statement makes perfect sense, and the notion of a football coach supervising a criminal investigation is ridiculous. It is very possible that Curley or Schultz or both told Mr. Paterno to stay out of the matter; in fact, Schultz should have told him as much. But we don’t know because Schultz and Curley are under indictment and not talking, Paterno is dead, and the Freeh Report did not find any information about this issue.

- - - CONTNUED IN THE NEXT POST - - -
 
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CONTINUED FROM THE PREVIOUS POST

Much of the case against Mr. Paterno seems to rely on (1) the theory that the Athletic Director, Curley, was JoePa’s “errand boy”; and (2) an email dated February 27, 2001 from Curley to Schultz and Spanier which says that Curley gave the matter “more thought” after “talking it over with Joe” and was “uncomfortable with what we agreed were the next steps.” Freeh Report at 74-75. But the “errand boy” evidence amounts to a reference by an unidentified “senior Penn State official” (page 75), and what does it prove anyway? That one person viewed Curley as Paterno’s “errand boy”?

There is no evidence that Curley-as-errand-boy covered up because Joe Paterno told him to do so. And the February 27 email at most suggests that Mr. Paterno spoke with Curley. It does not say what Curley and Paterno discussed, and without any explanation from either Curley or Paterno, it is absurd to read into this that Mr. Paterno was the puppet master behind a coverup orchestrated by Curley, Spanier, and Schultz.

Mr. Paterno was a football coach, not an expert in criminal law or investigations, and this notion of him as some kind of omnipotent and omniscient God who callously turned his back on a serial child molester is unsupported by any evidence.

This is a rather sorry record upon which to condemn Joe Paterno.

People are rarely as good or as bad as they seem at any given time. In Paterno’s case, however, I believe that the old, highly favorable narrative — to which some of the same media types who condemn him now contributed — is much closer to the mark than the revisionist narrative."

Somewhere in heaven Emily Litella is getting ready to deliver her famous line . . .
 
I don't even need to read that. I've read plenty of stuff from that blog before, and it's all been off-the-rails nuts and inaccurate.
 
I don't even need to read that. I've read plenty of stuff from that blog before, and it's all been off-the-rails nuts and inaccurate.

Its basically an extremely verbose argument against the claim by the Freeh report that Paterno "allowed Sandusky to retire in 1999 as a respected member of the team instead of a suspected child predator". (<-That's not a direct quote)

Not sure why that little detail requires so much scrutiny, but hey, some people have tons of time on their hands...
 
Its basically an extremely verbose argument against the claim by the Freeh report that Paterno "allowed Sandusky to retire in 1999 as a respected member of the team instead of a suspected child predator". (<-That's not a direct quote)

Not sure why that little detail requires so much scrutiny, but hey, some people have tons of time on their hands...

That's a good description of anything I've ever read from that source. "Verbose" rather than using any real analytical skill.
 
First, with respect to the 1998 incident, the Freeh Report says that several authorities promptly investigated and reviewed the matter, including the Department of Public Welfare, the University Police Department, the State College police, and the local district attorney’s office. Freeh Report at 42-47. A “counselor” named John Seasock issued a report that found “no indication of child abuse.” Freeh Report at 42-46. Mr. Seasock interviewed the alleged victim and determined that “there seems to be no incident which could be termed as sexual abuse, nor did there appear to be any sequential pattern of logic and behavior which is usually consistent with adults who have difficulty with sexual abuse of children.” Freeh Report at 44 (quoting Mr. Seasock’s 1998 evaluation of the alleged victim). The Freeh Report adds that Mr. Seasock “couldn’t find any indication of child abuse.” Freeh Report at 45.

The police investigated and “did not question Sandusky at this time,” and the Freeh Report says that “the local District Attorney declined to prosecute Sandusky for his actions.” Freeh Report at 45-46. A “senior administrator” explained that “the case against Sandusky was ‘severely hampered’ by Seasock’s report.” Freeh Report at 46. The University Police also investigatedthe matter and unlike the local police, they interviewed Sandusky. Sandusky claimed “nothing happened” (Freeh Report at 46) and the University Police concluded that “no sexual assault occurred.” Freeh Report at 47.
I'll just point out one of the facts to show where his credibility and hubris falls apart:

Actually, although not followed through in 1998, the recent trial in 2012 convicted Sandusky of 3 counts related to the 1998 case. He was identified as Victim 6 in the Grand Jury report.

Sandusky even confessed long before the current trial. And even went on Bob Costas admitting he showered with boys.
http://www.huffingtonpost.com/2011/...jerry-sandusky_n_1084204.html?ref=mostpopular

1998 – Victim 6 is taken into the locker rooms and showers when he is 11 years old. When Victim 6 is dropped off at home, his hair is wet from showering with Sandusky. His mother reports the incident to the university police, who investigate.

Detective Ronald Schreffler testifies that he and State College Police Department Detective Ralph Ralston, with the consent of the mother of Victim 6, eavesdrop on two conversations the mother of Victim 6 has with Sandusky. Sandusky says he has showered with other boys and Victim 6's mother tries to make Sandusky promise never to shower with a boy again but he will not. At the end of the second conversation, after Sandusky is told he cannot see Victim 6 anymore, Schreffler testifies Sandusky says, "I understand. I was wrong. I wish I could get forgiveness. I know I won't get it from you. I wish I were dead."

Jerry Lauro, an investigator with the Pennsylvania Department of Public Welfare, testifies he and Schreffler interviewed Sandusky, and that Sandusky admits showering naked with Victim 6, admits to hugging Victim 6 while in the shower and admits that it was wrong.

The case is closed after then-Centre County District Attorney Ray Gricar decides there will be no criminal charge.
Why Gricar really decided not to prosecute is no longer available for questioning since he was later went missing and computer hard drive missing.
 
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and it's all been off-the-rails nuts and inaccurate.

He is quoting a former federal prosecutor. And happens to agree with him.
It has merit.
But I see the lynch mob doesn't quit easily.

The NCAA the other day allowed competing colleges to invade Penn State, trying to poach their players. How embarrassing for O'Brien and his staff to have to deal with this. I guess the colleges have no hesitations to bother their consciences. Yeah, its all about academics. The sanctimony out of that organization is nauseating.
 
He is quoting a former federal prosecutor.

No guarantee of accuracy there. I've read articles from plenty of them that didn't make sense. Terra already pointed out one gigantic hole in that "former federal prosecutor's" argument.

In other words, one nutcase gets an email from someone who didn't do his homework, and tries to belittle a very serious case. I would expect nothing less from that source.
 
The NCAA the other day allowed competing colleges to invade Penn State, trying to poach their players. How embarrassing for O'Brien and his staff to have to deal with this. I guess the colleges have no hesitations to bother their consciences. Yeah, its all about academics. The sanctimony out of that organization is nauseating.



So? You're one of the proponents of "Let's forget it and just move on."

That's what the players are doing. Moving on. Just what you asked for. The college can find new players. Right? No harm, no foul.
 
"The sanctimony out of that organization is nauseating."
I think the word is hypocrisy, which no doubt is not exclusive to the NCAA.

I would take hypocrisy any day over sexual predation, criminal coverup, and lack of institutional control, all phrases missing from many Penn State fans.

If hypocrisy nauseates you, have you been able to keep anything down for the past year knowing the others have also occurred?
 
It never ceases to amaze me how readily people are willing to seize what they think is the moral high ground, launch into lynch mob mode, and mete out mass punishment "for the greater good".

Lack of consideration for the plight of the innocent in this situation is one of its most ugly and hateful aspects. Surely it can't be part of the remedy for it?


Sorry to drag him into this again, but he's right. And so am I.

No invective directed at those above, but this is a battle I am deserting.

There were 4 people and maybe a few more who were aware of the problems with Sandusky and let him have access to the college and run a program for minors. They should be held responsible. I've said this before.
The NCAA penalty does not mention them. Since Penn State is a state college and the football program financially supports all sports at the college, the taxpayers and students are bearing the penalty of the fine and loss of income. Everyone penalized by the NCAA knew nothing about the problem.

That's about the extent of it.
 
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The difference between the Lynch Mob and the Apologists (if we have to resort to name calling) is that the Lynch Mob unfortunately, has a lot of easily found news articles from legitimate news sources instead of opinion pieces from axe-to-grind bloggers. The facts emerging just gets creepier and more sordid with Sandusky leaving I love you voice messages.

The reason we haven't heard a lot more about the emails surrounding Curley and Paterno's participation is because there are still investigations in progress.

Remember Curley and Schultz are facing charges of perjury in the Grand Jury probe and a trial will most likely explore further the email, evidence and events referred to in the Freeh Report.

from USA Today:
http://content.usatoday.com/communi...-officials-emails-may-show-sandusky-coverup/1
Penn State e-mails may show Paterno in on Sandusky coverup

E-mails from 2001 between Penn State University's former president, vice president and athletic director discussing what to do about Jerry Sandusky's alleged encounter with a boy in the shower are raising new questions, CNN reports.

The messages from Feb. 26-28, 2001, may illustrate a coverup by former Penn State president Graham Spanier, then vice president Gary Schultz and former athletic director Tim Curley.

University officials "knew they had a problem with Sandusky after a 2001 shower incident, but apparently first decided to handle it using a 'humane' approach before contacting outside authorities whose job it is to investigate suspected abuse," CNN reports.

On June 22, Sandusky was convicted of abusing 10 boys over 15 years.

CNN said it does not have the e-mails, but that the alleged contents were made available to them.

In one e-mail, Spanier allegedly acknowledges Penn State could be "vulnerable" for not reporting the incident. "The only downside for us is if the message (to Sandusky) isn't 'heard' and acted upon, and we then become vulnerable for not having reported it," Spanier allegedly writes.

On Feb. 26, 2001, Schultz allegedly writes to Curley that he assumes Curley's "got the ball" about a three-part plan to "talk with the subject asap regarding the future appropriate use of the University facility," ... "contacting the chair of the charitable organization" and "contacting the Department of Welfare."

However, Curley apparently changed his mind and refers to a conversation he had with head football coach Joe Paterno. It's not known what the two discussed.

Curley writes later that he would rather just meet with Sandusky, tell him there's "a problem," and that "we want to assist the individual to get professional help," according to CNN.


Schultz and Curley are currently charged with perjury and failing to report suspected child abuse. They have pleaded not guilty.

The new e-mails could lead to further charges, CNN reports.

Stay tuned for more news to come...
 
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Let's see...
all the football staff
all the athletic department janitors
most of the university facilities maintenance workers
the facilities management staff of the football complex
most of the Penn State police force
some of the Penn State and DPW social workers
a minimum of three Board of Trustees members
secretaries
at least half of the Prosecuting Attorney's office
members of the Board of Directors of the Second Mile Foundation
Curley, Schultz, Spanier, Paterno, the Lead Counsel for Penn State University(Brennan?)

Yep, that sounds like four people.
 
Let's see...
all the football staff
all the athletic department janitors
most of the university facilities maintenance workers
the facilities management staff of the football complex
most of the Penn State police force
some of the Penn State and DPW social workers
a minimum of three Board of Trustees members
secretaries
at least half of the Prosecuting Attorney's office
members of the Board of Directors of the Second Mile Foundation
Curley, Schultz, Spanier, Paterno, the Lead Counsel for Penn State University(Brennan?)

True, Dave. I was laying blame on the last 4 there.
And I suppose if you want to use the term 'institutional failure', it does indeed apply here. And I knew the PSU cops knew. What's their excuse ? Keep it in the house ? I'd like to know that one.

I still don't like the penalty.
 
Well, yes, 60 million is a lot of money. I don't care how ' easily' they can handle it.
The vacated wins decision is rewriting history. I'll call it corpse kicking, to borrow a phrase.

It appears they may be getting new uniforms this year, if not next. Part of the new image so many crave.

Just the fact that the NCAA hammered them so hard has denigrated the school's reputation. And I guess some will say they did that themselves.
 
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