Penn State AD and Sandusky Charged

PC Drunken Friar

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A little more from the NYT:



This follows up that earlier report that the administrators counsulted legal counsel about their reporting requirements. It's still unclear how much they involved outside counsel in any sort of coverup...Counsel isn't namechecked in any of the emails we have so far, at least.

Also, did administrators buy McQueary's silence by giving him a job:



http://www.nytimes.com/2012/07/01/sports/ncaafootball/paterno-may-have-influenced-decision-not-to-report-sandusky-e-mails-indicate.html?pagewanted=1&_r=1&ref=sports
This is what really bugs me about McQueary...he saw Sandusky hundreds of times after he saw him rape a boy. I hope they investigate this further
 

BigMike

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....are there any Paterno apologists left here?
Here, hopefully not. But I suspect they still exist in happy valley and other places.

Good grief the devil other son Phil Knight is still probably speaking somewhere about his greatness, and how this is all the media's fault
 

canderson

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So in tomorrow's Harrisburg Patriot-News David Jones, one of the PSU beat's most famous and long-time columnists, pens a direct assault on Paterno. Well worth your few minutes to read. Here are a few gems:

In covering the man and his football program for 21 seasons, the single most dominant thread is this: his ambition and drive. He would allow nothing and no one to disparage the institution he had built without some form of retribution. And he had complete power over his domain.

He could be a vindictive man. At times, he was pointlessly petty and nasty. 

Just like the rest of us. Except that in the case of a man who had accumulated such power, the consequences of his actions could take on much greater impact.
I drove to State College on Sept. 16, knocked on [Jerry Sandusky's] door in a rainstorm and was met by his wife, Dottie. I asked if Jerry was home. No, said Dottie cordially, he wasn’t. I fished out a business card and handed it to her and said he might remember me as a reporter from when he was a coach more than a decade before and please would she have him call me. She pleasantly said she would.

And then, I mentioned police. Had police questioned him about anything lately? The question was that benign. I wanted to test her reaction.

It was not quizzical. Not: “Police? What do you mean, police?” 

Instead, it was immediate and forceful. Dottie Sandusky narrowed her eyes and said to me: “If you have any other questions, you can ask the people at The Second Mile. And I do not appreciate you coming to my house.” She slammed the door in my face.
We don’t know the totality of what the Freeh investigation will uncover. I would just ask those who cannot get their minds around the concept of Joe Paterno acting in self-interest — acting to preserve his institution rather than individuals — to prepare themselves to have their bedtime story disrupted. You don’t get to be as powerful as this man was by sitting idly by and allowing others to call shots. 

Such power breeds fame, and vice versa. Soon, we bestow the mantle of greatness on men who do not warrant it, as often as we ignore the anonymously noble, those truly worthy of our praise. 
http://www.pennlive.com/midstate/index.ssf/2012/06/david_jones_joe_paterno_fans_m.html
 

Infield Infidel

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A little more from the NYT:

This follows up that earlier report that the administrators counsulted legal counsel about their reporting requirements. It's still unclear how much they involved outside counsel in any sort of coverup...Counsel isn't namechecked in any of the emails we have so far, at least.

Also, did administrators buy McQueary's silence by giving him a job:
http://www.nytimes.com/2012/07/01/sports/ncaafootball/paterno-may-have-influenced-decision-not-to-report-sandusky-e-mails-indicate.html?pagewanted=1&_r=1&ref=sports
Saw this from a mile away
Here's the thing that's damning to me. Sandusky retires at 55, and stays in State College.
McQueary is a grad assistant, then promoted, but stays at Penn St as an assistant coach for 8 years after the promotion. Generally, asst. coaches move around a bit. Staying in one place for that long as anything other than a coordinator is akin to going to the same grad school where you did undergrad. It's not bad thing, but people think you stayed because you were comfy, instead of diversifying your resume with different locales and to get out of your comfort zone.

We can blame McQueary for staying there, but did Joe or the AD stop MM and Sandusky from interviewing for other jobs, to keep this all in house? I think it's apparent that both sides are culpable.
 

drtooth

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The question is how the NCAA views this. If you are looking at a complete lack of institutional control, this is as prime an example as you will ever see. My hope is that the NCAA does not view this as not effecting competitive balance (therefore outside their domain). The fact is that the e-mails indicate an attempt to cover this scandal from Spanier all the way down to the AD and Paterno in order to protect the reputation and integrity of the football program. Any recruit considering coming to PSU would like run the other way if knowledge of the program protecting a (now convicted) pedophile, thus effecting the ability of the program to compete. Covering up a felony certainly qualifies as a reason to shut down this program. The coaches (mainly Paterno) and the administration could have saved several victims from Sandusky's abuse and chose not to so to protect a FOOTBALL PROGRAM!! Unreal.
 

axx

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It's not going to happen. The NCAA just doesn't work that way.

To be "fair", had they gone to the cops in 2001 there's no guarantee that it would have resulted in anything, esp since they still haven't found the victim involved.The jury didn't exactly believe McQuery, why should they have?

Their actions still don't make any sense.
 

canderson

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The rub is these emails will show they covered up student athlete punishment. Directly led by Spanier himself, they worked together to hide problem kids and bypass the three NCAA compliance officers* they had on staff. This could spur NCAA involvement IMO moreso than the Sandusky issue.

*By comparison many major programs have more than 30 compliance officers
 

LeftyTG

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It's not going to happen. The NCAA just doesn't work that way.

The jury didn't exactly believe McQuery, why should they have?

Their actions still don't make any sense.
The above is just plain wrong. The jury acquitted on the charge of involuntary deviate sexual intercourse with respect to Victim 2 (the incident witnessed by McQueary). They did so because McQueary did not testify to actually observing anal penetration. The jury DID convict on four other counts regarding Victim 2 (Indecent assault, unlawful contact with minors, corruption of minors, and endangering the welfare of children). So, contrary to what was stated, the jury most definitely believed the entirety of McQueary's story - they just didn't make a leap of logic that what McQueary described amounted to actual penetration, beyond a reasonable doubt.

http://www.pennlive.com/midstate/index.ssf/2012/06/jerry_sandusky_verdict_complet.html
 

Infield Infidel

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If a coach was hired, retained or promoted in the interest of keeping secret potentially criminal activity, the NCAA can certainly impose penalties. On top of the allegations of covering up punishable athlete activity, the NCAA will probably rain hell on them. They won't do the death penalty, because they view the one instance they used the death penalty as a mistake, but it will be everything but. Probably no post-season for 2 years, no-wait transfers for all underclassmen, three fewer coaches, 5-10 fewer scholarships for 3 years, maybe no non-conference or no home non-conference games for a year (which is a huge penalty $$-wise). The last would be unprecedented in football but they used it in basketball with Baylor.
 

PBDWake

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If you ever want to feel like you need a shower from reading an article on the internet, check out this: http://www.blackshoediaries.com/2012/7/1/3129423/its-time-to-dump-on-joe-again

Opening line?
The long knives are back out, but this time, the prey is a dead man. Using the opportunity of the leaked email messages to CNN, the media are able to pull the Sandusky story back to the man they’ve wanted in the spotlight all along: Joe Paterno
 

LuckyBen

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With the Freeh report, what can we expect in terms of how it will be released? Is this something that is going to trickle out slowly or come out as the whole report through all of the media outlets.
 

canderson

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With the Freeh report, what can we expect in terms of how it will be released? Is this something that is going to trickle out slowly or come out as the whole report through all of the media outlets.
It'll be released all at once. These reports so far have been leaks by what's widely assumed PSU itself (Friday night at 10 p.m.? Yeah, OK) to "soften" whatever hit the report manifests once available.

It was originally due to come out in early August but I'm hearing from pretty reliable sources it'll be closer to mid July.
 

Philip Jeff Frye

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If a coach was hired, retained or promoted in the interest of keeping secret potentially criminal activity, the NCAA can certainly impose penalties. On top of the allegations of covering up punishable athlete activity, the NCAA will probably rain hell on them. They won't do the death penalty, because they view the one instance they used the death penalty as a mistake, but it will be everything but. Probably no post-season for 2 years, no-wait transfers for all underclassmen, three fewer coaches, 5-10 fewer scholarships for 3 years, maybe no non-conference or no home non-conference games for a year (which is a huge penalty $$-wise). The last would be unprecedented in football but they used it in basketball with Baylor.
Eh, the NCAA is too busy figuring out if unpaid poor kids from the ghetto are selling their practice jerseys to pay for tattoos to bother with something like this.
 

Average Reds

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If a coach was hired, retained or promoted in the interest of keeping secret potentially criminal activity, the NCAA can certainly impose penalties. On top of the allegations of covering up punishable athlete activity, the NCAA will probably rain hell on them. They won't do the death penalty, because they view the one instance they used the death penalty as a mistake, but it will be everything but. Probably no post-season for 2 years, no-wait transfers for all underclassmen, three fewer coaches, 5-10 fewer scholarships for 3 years, maybe no non-conference or no home non-conference games for a year (which is a huge penalty $$-wise). The last would be unprecedented in football but they used it in basketball with Baylor.
This bolded part would be very hard to prove, but if it could be shown that this happened, then yes, the NCAA would most certainly step in and the parallels to Baylor are pretty compelling.

I think we all suspected that the two administrators charged with failure to report and perjury were covering for President Spanier, and if the reports of emails are correct, it's pretty obvious that Spanier will eventually face perjury charges himself. With the same caveat, it's also fairly obvious that his original statement expressing support for the two administrators was something crafted back in 2001 when they decided not to report Sandusky to the authorities. The "tell" was the language designed to position this as being about a "former university employee" as a way of implying that the legal responsibility to report his behavior was not theirs. He deserves his fate.

As for Paterno, I don't think anyone will be shocked if we find out that he was directing many of the activities here. And if/when we do, whatever happens to his legacy will be exactly what should happen to it.
 

mauf

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Wouldn't the statute of limitations bar any NCAA enforcement action against PSU based on these latest revelations?

This article notes, in passing, that Paterno didn't use e-mail. Assuming those e-mails are the principal new source of information unearthed by the Freeh investigation, the report is unlikely to provide smoking-gun proof of Paterno's complicity in the cover-up. Perhaps it will turn up hard proof that Paterno knew of the 1998 investigation, which would certainly cast his 2001 inaction in a different light, but that won't be enough to puncture the denial of Paterno's most ardent apologists.
 

AimingForYoko

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Eh, the NCAA is too busy figuring out if unpaid poor kids from the ghetto are selling their practice jerseys to pay for tattoos to bother with something like this.
Yep.

And at this point, can't they just say fuck it and kill this whole program?

Screw statute of limitations, the NCAA has done more for less. The whole freaking football program covered really, really illegal shit up so that they could continue to play. So take away their ability to play.

God, every time I enter this forum I feel the need to bathe in penicillin.
 

Reverend

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This article notes, in passing, that Paterno didn't use e-mail. Assuming those e-mails are the principal new source of information unearthed by the Freeh investigation, the report is unlikely to provide smoking-gun proof of Paterno's complicity in the cover-up. Perhaps it will turn up hard proof that Paterno knew of the 1998 investigation, which would certainly cast his 2001 inaction in a different light, but that won't be enough to puncture the denial of Paterno's most ardent apologists.
Per Dan Wertz at Yahoo! Sports
According to CNN in an email dated Feb. 26, 2001, Schultz wrote to Curley about a three-part plan that included talking "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."

It would have been better to skip directly to the third action and let the welfare authorities do the meeting and informing, but this should've been enough to end Sandusky's reign of terror.

Except that Curley sent an email to Schultz and school president Graham Spanier on Feb. 27, 2001, that changed everything.

"After giving it more thought and talking it over with Joe yesterday, I am uncomfortable with what we agreed were the next steps. I am having trouble with going to everyone but the person involved. I would be more comfortable meeting with the person and tell them about the information we received and tell them we are aware of the first situation," Curley's email said, according to CNN.
According to Curley's email, Paterno participated more than he ever admitted, including likely talking Curley – and thus the others – out of the plan to turn Sandusky over to authorities.
http://sports.yahoo.com/news/ncaaf--joe-paterno-role-jerry-sandusky-coverup-grows.html

The whole thing is worth a read--and it's really quite damning.
 

mauf

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http://sports.yahoo.com/news/ncaaf--joe-paterno-role-jerry-sandusky-coverup-grows.html

The whole thing is worth a read--and it's really quite damning.
That is an excellent article.

I basically agree with Wetzel's take. He points to e-mails from 2001 that seem to show that Spanier, Schultz, and Curley knew about the 1998 investigation of Sandusky. Wetzel infers that Paterno must have known also. If you make that inference, you can't defend Paterno -- even the most star-struck Paterno partisan couldn't defend his inaction in 2001 if he knew about 1998. Unfortunately, you're not going to change the partisans' minds by inviting them to make an inference -- only smoking-gun proof will do that. I'm not optimistic the Freeh report will provide such proof.
 

Average Reds

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The circumstantial evidence that points to Paterno's knowledge of the 1998 investigation is pretty significant.

From an Esquire article posted upthread:

Paterno himself said he never knew about the 1998 investigation, and nobody has produced evidence contradicting him.

You won't find any such evidence in Paterno's archives.

You will, though, find something curious, and perhaps, depending on how you interpret it, troubling.

You will find, if you dig into his archives from 1998, that he was a very busy man — he wrote in one letter that he had "committed all my free time to" and was "really stretched" by the ongoing fundraising campaign. You will find that he was a very reliable man as well. When he planned to do something, he would do it. In fact, if you look at his agenda from 1998, you'll see that he almost always kept to his schedule, and that his only cancellations fall within a very narrow window of time.

The first cancellation is on May 15, two days after police listen in on Sandusky's half-confession to the mother of a young boy. That evening, Paterno cuts short a fundraising trip to Valley Forge, then cancels a four-day-long personal vacation he had been planning to take from May 16 to 19, to his summer home in Avalon, New Jersey. He resumes his scheduled fundraising trips in June, about a week after the investigation against Sandusky is dropped. He doesn't miss any more events for the remainder of the year.

The following season, Sandusky abruptly and unexpectedly announces his retirement.

Did Joe know?

Who knows. The files raise questions but provide no answers.

Combine this with what we're learning from the emails that are being leaked, and it takes a significant act of will to believe that Paterno did not know about the 1998 investigation and that it wasn't a factor on Sandusky's retirement.

The depressing reality is that this scandal is not as bad as many people thought it might be - it's far worse. And it's now clear that Paterno, Spanier, Curley, Schultz and others covered up Sandusky's activities for the most pathetic reason possible: to save their jobs.

Still no word on whether investigators have found evidence that Mike McQueary was named a coach in order to buy his silence, but given what we are learning and how inexplicable his behavior was over the years, it's hard to come to any other conclusion.

The whole thing makes me sick.
 

WayBackVazquez

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Wouldn't the statute of limitations bar any NCAA enforcement action against PSU based on these latest revelations?

NCAA 32.6.3 Statute of Limitations: Allegations included in a notice of allegations shall be limited to possible violations occurring not earlier than four years before the date the notice of inquiry is forwarded to the institution or the date the institution notifies (or, if earlier, should have notified) the enforcement staff of its inquiries into the matter. However, the following shall not be subject to the four-year limitation:
(a) Allegations involving violations affecting the eligibility of a current student-athlete;
(b) Allegations in a case in which information is developed to indicate a pattern of willful violations on the part of the institution or individual involved, which began before but continued into the four-year period; and
(c) Allegations that indicate a blatant disregard for the Association’s fundamental recruiting, extra-benefit, academic or ethical-conduct regulations or that involve an effort to conceal the occurrence of the violation. In such cases, the enforcement staff shall have a one-year period after the date information concerning the matter becomes available to the NCAA to investigate and submit to the institution a notice of allegations concerning the matter.”
If the NCAA wants to hit PSU, it can certainly make a case that the "statute of limitations" regulation is inapplicable here.
 

canderson

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If Paterno was part of this coverup, his family isn't buying it and wants to burn the city down proving their beliefs. Tonight they released a statement calling for PA's Attorney General to release every email and record from their investigation.

Their statement:
From the moment the Jerry Sandusky crisis erupted, Joe Paterno patiently and persistently called for a thorough and professional investigation. He abhorred the rush to judgment that occurred last November and he spoke out forcefully for a comprehensive review that protected no one while preserving due process for everyone.  Coach Paterno emphasized that the best way to serve the victims and protect the reputation of Penn State was by a total commitment to uncovering the full truth.

With the leaking of selective emails over the last few days, it is clear that someone in a position of authority is not interested in a fair or thorough investigation. To be clear, the Paterno family does not know the source or sources of these leaks.  The question that needs to be asked is why this breach of confidentiality, which seeks to preempt the Freeh report and undermine the courts, is not being objected to or otherwise addressed by those in a position of authority. It should not be the responsibility of the Paterno family to call for an honest, independent investigation. Given the seriousness and complexity of this case, everyone should be demanding the full truth, not just carefully selected excerpts of certain emails.

Releasing these emails in this way is not intended to inform the discussion but to smear former Penn State officials, including Joe Paterno. The truth is Joe Paterno reported the 2001 incident promptly and fully. He was interviewed by the Grand Jury for a total of 8 minutes and told the truth to the best of his recollection. He was never interviewed by the University. He was not afforded due process and his story was never fully told.  And he was never allowed to see the files and records that are now in question. In spite of these facts, however, numerous pundits and critics are exploiting these disconnected and distorted records to attack Joe Paterno.

Accordingly, the Paterno family today is calling on the Freeh Group and the Attorney General's office to immediately release all emails and records they have related to this case.  The public should not have to try and piece together a story from a few records that have been selected in a calculated way to manipulate public opinion. Joe Paterno didn't fear the truth, he sought the truth. His guidance to his family and his advisors was to pursue the full truth.  This is the course we have followed for 9 months. It is the course we will follow to the end.
 

Rocco Graziosa

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If Paterno was part of this coverup, his family isn't buying it and wants to burn the city down proving their beliefs. Tonight they released a statement calling for PA's Attorney General to release every email and record from their investigation.

Their statement:
I have no dog in this fight, and could completely see a scenario where Paterno was complicit in some sort of coverup, but that statement is completely fair IMO. This really resonated with me:

With the leaking of selective emails over the last few days, it is clear that someone in a position of authority is not interested in a fair or thorough investigation. To be clear, the Paterno family does not know the source or sources of these leaks. The question that needs to be asked is why this breach of confidentiality, which seeks to preempt the Freeh report and undermine the courts, is not being objected to or otherwise addressed by those in a position of authority. It should not be the responsibility of the Paterno family to call for an honest, independent investigation. Given the seriousness and complexity of this case, everyone should be demanding the full truth, not just carefully selected excerpts of certain emails.
They could give Penn State the death penalty here and I wouldn't give a flying fuck. But I gotta tell ya, these "leaks", and any in the past similar, always scream "AGENDA!!!" to me.
 

djbayko

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These are selective leaks in a process that should not be leaking things. Because of that I assume there is an agenda. Otherwise why selectively leak material?
You're assuming that the leaked emails are selected based on an agenda. Another possibility is that these are the only emails that exist or have been discovered related to this subject. Another possibility is that these emails were selectively leaked because they are the only emails of any substance. The authors were very general - for example, not identifying Sandusky by name or specifying the criminal act. They obviously knew it was sensitive information and it was in their best interest to keep the paper trail light.

We won't really know until the full report comes out.

Regarding the Paterno family's public call for full disclosure, it is a fair request, and it certainly could be a noble one. On the other hand, if reports are true that Paterno did not use email (and I find it very easy to believe that a 70 year-old man wasn't current on the use of technology), then they don't exactly have too much to worry about, do they? Paterno is never going to be buried by his own words unless there are Post-it notes or audio recordings hanging around.
 

JBill

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They could give Penn State the death penalty here and I wouldn't give a flying fuck. But I gotta tell ya, these "leaks", and any in the past similar, always scream "AGENDA!!!" to me.
I think what canderson said above makes the most sense- the school is leaking the most damaging parts of the Freeh investigation, on a Friday night before a holiday (doubtful we will get anything more on point than emails from Penn State administrators that approved not going to child welfare authorities and acknowledging potential liability for failing to report) to soften the blow when the actual report is released.

The school I imagine would prefer to take the hits now and do everything in their power to get the glare off them before the new school year starts. It makes a lot more sense than some orchestrated attack on dead Paterno, but it does make for a nice rallying cry for the Paterno family to combat the bad press. They have to say something.
 

Average Reds

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These are selective leaks in a process that should not be leaking things. Because of that I assume there is an agenda. Otherwise why selectively leak material?
There is no question that there is an agenda at work, and that agenda is not kind to the interests of Joe Paterno. Of course, it doesn't necessarily follow that the information we are seeing or the inference we are drawing from that information is false.

There's another factor at work here, and I want to comment on this for a bit. Joe Paterno has/had such a reputation for being an upstanding character that people have bent over backwards to give him the benefit of the doubt. Specifically, if this were any other big-time program and a long time assistant coach had been forced out under circumstances that were similar to Sandusky's exit, it would not be conceivable for us to think that the coach didn't know about allegations of wrongdoing and that those allegations prompted Sandusky's exit. The only reason we have not made that assumption here - the only reason - is our collective desire to give Paterno the benefit of the doubt.

The events of the last 8 months have erased the desire to give Paterno the benefit of the doubt, and we are able to see things for what they were at Penn State. Is it fair that leaks are being used against Paterno in this fashion? Probably not. Are the leaks reflecting an accurate picture of what actually happened? Almost unquestionably.

The full report will come out and with it will be the disclosure that the Paterno family wants. I might caution them to be careful what they wish for.
 

Montana Fan

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Fuck the Paterno family. I predicted from Day 1 or maybe 2, that the whole 98 incident and subsequent resignation by Coach Jerry smelled like a Paterno led coverup. He covered for the f'n guy for 13 years.

My mom's a PSU alum and PSU is the college football team I've pulled for the longest.

The institution allowed Paterno to run things including putting his puppet in there as AD. These mealy mouthed f'n emails from these so called leaders brings me back to the "courtroom" scene from Scent of a Woman where Pacino wonders about the lost leadership principles of the school and then fantasizes about taking a flamethrower to the place. That's what's needed at PSU, a fucking flamethrower.
 

mauf

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The full report will come out and with it will be the disclosure that the Paterno family wants. I might caution them to be careful what they wish for.
The full disclosure the family wants will probably have to wait until the criminal charges against Curley and Schultz are resolved. At that point, everything is likely to become public -- either because PSU voluntarily does so, or because a change in PA's public records law leaves them no choice.

Does anyone know if PSU's outside counsel has spoken to investigators about the advice they gave in 2001? I would expect the university to waive privilege and ask their attorneys to cooperate fully with the investigation, but the AG might have told Freeh not to go there, for fear of jeopardizing criminal prosecutions. (I would expect the administrators to argue that the advice was personal rather than professional; the fact that PSU presumably paid the bill isn't necessarily dispositive on that question.) Personally, I would rather get at the full truth, even if it means letting Curley and Schultz (and possibly Spanier) off the hook, but the AG may not agree.
 

Dogman

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I have no dog in this fight, and could completely see a scenario where Paterno was complicit in some sort of coverup, but that statement is completely fair IMO. This really resonated with me:



They could give Penn State the death penalty here and I wouldn't give a flying fuck. But I gotta tell ya, these "leaks", and any in the past similar, always scream "AGENDA!!!" to me.
They could scream World War III to you and that wouldn't change the fact that the "agenda" is to uncover and prosecute all those that are involved in a massive 15+ year cover up of a monster whom was allowed to operate under the noses of a massive power structure simply to keep a football program out of harm.

I'll take that agenda everyday of the week.

Paterno was a piece of shit and his reputation is now completely worthless. Fuck him and the power bestowed on him by a football program.
 

Mr. Wednesday

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...if this were any other big-time program and a long time assistant coach had been forced out under circumstances that were similar to Sandusky's exit, it would not be conceivable for us to think that the coach didn't know about allegations of wrongdoing and that those allegations prompted Sandusky's exit. The only reason we have not made that assumption here - the only reason - is our collective desire to give Paterno the benefit of the doubt.
Who's "we"? I have made that assumption. I made it quite a while back. I argued that it was pretty much inconceivable that Paterno didn't know of the investigation (which doesn't stop the apologists from conceiving of it), and that given the timing and circumstances of Sandusky's retirement, it stank like week-old mackerel.
 

fairlee76

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Fuck the Paterno family. I predicted from Day 1 or maybe 2, that the whole 98 incident and subsequent resignation by Coach Jerry smelled like a Paterno led coverup. He covered for the f'n guy for 13 years.
Amen. It was a nice run for them, but their time as the relatives of the {insert fawning adjectives here} college football coach of all-time has come to an end. Maybe I missed the press conference where the Paterno family sheds tears for the victims their dear father/grandfather turned his back on for over a decade to protect the PSU image, but these clowns have no grounds to demand anything.

From what little I have read the NCAA has no grounds to drop the "death penalty" hammer on PSU. Funny thing, the NCAA. Where covering up for a sexual predator is not an infraction but a kid exchanging his jersey for a few tattoos is.

Hyperbole to be sure, but to me this whole deal has been such a damning window into the priorities of that fucked-up, cloistered little community. At least I hope those priorities (the program above all else to the point of enabling a serial child rapist) are not present to this extent in Baton Rouge, Lincoln, Austin, etc.
 

Jnai

is not worried about sex with goats
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Sep 15, 2007
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I hate the death penalty and I hate NCAA sanctions. Punish the people involved, not the people now at the school who had no hand in this, not the kids in the program who had nothing to do with this, and not the fans who had no idea this was being covered up.

Go after the people who hid this for years with all the legal shit in the book. But don't punish the wrong people. It's just vindictive and stupid.
 

soxfan121

JAG
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Andy Staples on SI.com

To use a term the NCAA coined, how can this not represent a Lack of Institutional Control? Because it doesn't -- at least not in the NCAA sense. It is a case of a university having too much control. It is a case of a massive abuse of power with horrific consequences, and the perpetrators of that abuse of power deserve jail time. It is not a case of broken NCAA bylaws, though.​
There is a reason the IRS doesn't punish murderers who pay their taxes. That same reason applies here.​
This may seem cold, but nowhere in the 426-page Division I manual is there a rule forbidding the cover-up of a violation of state statute. There is no obstruction of justice charge, no way to punish someone for his or her failure to call the police.​
Think of it this way: If Sandusky was a recently retired surgeon, Paterno was the chief of surgery and Curley was the dean of Penn State's College of Medicine, would you be asking the Liaison Committee on Medical Education to make it impossible for Penn State to continue training physicians 11 years after the fact? Of course you wouldn't.
Punishing PSU's current football players (all of them in elementary school when Sandusky, Paterno, Spanier & Curley made their heinous choices and perpetrated their unspeakable actions) won't help victims heal and it won't punish the men responsible for this cesspool. Paterno has escaped any justice on this earth and can only have his reputation affected; Sandusky will be going to jail; Curley & Spanier should join him in prison for their actions.

But the tone of some comments in this thread regarding the "death penalty" remind me of the famous "It became necessary to destroy the town to save it" justification for behavior that bordered on war crimes. The people most affected by a "death penalty" for PSU's football program are NOT the people who are responsible. They are mostly innocent in this situation. I understand this situation is rife with evil and horrible people who "got away with it" but those evil and horrible people are not the players or current coaches or other students, staff and faculty at PSU. The town does not need to be destroyed - the guilty need to be punished and the innocent need to be treated like they are innocent.
 

wade boggs chicken dinner

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If it was just Jerry Sandusky perpetrating evil on Jerry Sandusky's time, that would be one thing. But the problem is that Jerry Sandusky used the PSU facilities and football program to recruit and as a cover for his activities.

I don't have time to look it up, but I recently saw something that PSU committed violations of "honest conduct" that could be a basis for NCAA sanctions.

And as for the writer's example, two things. First, no one is shutting down PSU's football program. They can still play. They just can't make as much money off it with sanctions - they won't get the same caliber of athletes; they won't be able to go bowls; etc.

Also, if the same incidents had happened in a medical program, your damned right that program would be shut down at least for a while. As Doctors have the same duty to report, the Chief of Surgery would be fired and prosecuted, those covering up would be fired and prosecuted; and various funders and accreditation agents would come down to make sure the program would have addressed those issues. And in exactly the same way, while they could keep teaching, the program would slow down and be punished.
 

kenneycb

Hates Goose Island Beer; Loves Backdoor Play
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Dec 2, 2006
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The majority of the people affected by most NCAA sanctions are largely innocent. Still doesn't mean the program, which is larger than the individual, shouldn't be punished.
 

Average Reds

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Who's "we"? I have made that assumption. I made it quite a while back. I argued that it was pretty much inconceivable that Paterno didn't know of the investigation (which doesn't stop the apologists from conceiving of it), and that given the timing and circumstances of Sandusky's retirement, it stank like week-old mackerel.
I was answering a post talking about the unfairness of using leaks to smear Joe Paterno by sayuing that while "we" (people generally) may have given him the benefit of the doubt when the scandal broke, he doesn't deserve it any more.

I assumed that the context of my post was apparent, but since it wasn't, I'm glad you were able to make it absolutely clear that I wasn't speaking for you, and that in truth, you've known the facts about the Sandusky case all along. I guess my only question is why you waited for years to alert the authorities.
 

Hyde Park Factor

token lebanese
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Jun 14, 2008
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The fact that Paterno covered up for Jerry Sandusky while turning his back on the children is what screams "agenda" in this scenario. He could have chosen to protect the integrity of his football program by dumping this squarely in Sandusky's lap from the get go.
 

JBill

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Aug 17, 2001
2,028
Punishing PSU's current football players (all of them in elementary school when Sandusky, Paterno, Spanier & Curley made their heinous choices and perpetrated their unspeakable actions) won't help victims heal and it won't punish the men responsible for this cesspool. Paterno has escaped any justice on this earth and can only have his reputation affected; Sandusky will be going to jail; Curley & Spanier should join him in prison for their actions.
I think some of the calls for the death penalty aren't just anger and vindictiveness, but a reaction to the assumption that the reasons that these men made their decisions was to protect the football program. That there is some sickness in the football culture that led to all this, and that this sickness is what needs to be eradicated, and the only way to do that is an NCAA death penalty.

Personally I think they get some form of sanctions, maybe self imposed, and not the death penalty.
 

Myt1

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The town does not need to be destroyed - the guilty need to be punished and the innocent need to be treated like they are innocent.
PSU is the person responsible. A somewhat helpful analogy is that when a UPS driver negligently hits someone's vehicle in the course of his employment, UPS is on the hook (through a concept called respondeat superior, which doesn't always extend to intentional torts, but bear with me). The institution itself is and should be responsible for the actions of its employees and agents taken in the course of their employment. This is one of those instances in which that legal concept matches up with the moral for me. Otherwise the institution moves on with no incentive to hire better people or have more (independent?) oversight.

Severely punishing the institution serves at least two of the most typically stated goals of punishment: retribution and deterrence (both specific and general). If the punishment involves a mandate for institutional changes, you can work some rehabilitation in their, too.
 

Mr. Wednesday

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I was answering a post talking about the unfairness of using leaks to smear Joe Paterno by sayuing that while "we" (people generally) may have given him the benefit of the doubt when the scandal broke, he doesn't deserve it any more.

I assumed that the context of my post was apparent, but since it wasn't, I'm glad you were able to make it absolutely clear that I wasn't speaking for you, and that in truth, you've known the facts about the Sandusky case all along. I guess my only question is why you waited for years to alert the authorities.
I'm not clear on how my assumption indicates knowledge of the facts. I drew some logical inferences from information that came out at the same time as the indictment: that there had been an investigation in 1998, and then Sandusky retired in 1999. I don't see how any reasonable person could not think it likely that Paterno knew of the investigation, and it's a reasonable (though not necessary) inference that Sandusky's sudden retirement was remarkably coincidental with that investigation.

I did give Paterno the benefit of the doubt in assuming that he didn't orchestrate a cover-up in 2001. Looks like I may have been overly generous there.
 

AimingForYoko

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Andy Staples on SI.com
The town does not need to be destroyed - the guilty need to be punished and the innocent need to be treated like they are innocent.
Fuck the town. And I don't believe for a second that all of the people complicit in this cover up are gone. And as to if "innocent bystanders" get caught up in this, it regularly happens in these investigations. And if the death penalty is what it takes for the next group of assholes and monsters to put the safety of children above a fucking sport, so be it.
 

mauf

Anderson Cooper × Mr. Rogers
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The argument against sanctions being imposed on PSU seems to be an argument against sanctions.

Lol boo hoo
The argument against NCAA sanctions is that this isn't the sort of thing the NCAA polices. The analogy about the IRS not pursuing murderers who pay their taxes is an apt one. To carry that a step further, however, if even a tiny compliance mis-step emerges in connection with this investigation, the NCAA should pursue it aggressively, just as the IRS pursued Al Capone.
 

PBDWake

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May 1, 2008
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The argument against NCAA sanctions is that this isn't the sort of thing the NCAA polices. The analogy about the IRS not pursuing murderers who pay their taxes is an apt one. To carry that a step further, however, if even a tiny compliance mis-step emerges in connection with this investigation, the NCAA should pursue it aggressively, just as the IRS pursued Al Capone.
I manage a bank. If I deliberately look the other way to my bank being used for a money laundering scheme, I'll go to jail. But my bank will also face massive penalties. Almost every banker whose gone through Anti-Money Laundering training has heard about Raul Salinas. In addition to the local banker participants being punished, AEBI was also fined $35 million for, essentially, not doing enough to prevent it. Most competent professional organizations are held liable for the actions of their employees and members.

*edit* To be clear...

It should be a given that if a football program was used as either a device or a reason to cover up a crime, the NCAA should stick PSU with harsh enough penalties that all schools know that whatever reputation hit they would take, or even penalties the NCAA may level, the non-reporting of the crimes will cause even more of a handicap to the program.

I could see the NCAA's arguments against sanctioning PSU if Jerry Sandusky was "just" caught molesting children. Even on campus, in a football facility. But to have members of the AD and coaching staff complicit in not reporting it makes it a program wide issue that then needs to be dealt with.

In the IRS example, it's not an accurate example, although admittedly the bank example isn't either. The NCAA isn't being asked to go after Jerry Sandusky. It's being asked to punish a member of its own constituency who knew crimes were going on and did nothing about it. A better example may be an IRS being asked to fire or suspend an auditor who, in the course of an audit, found evidence of criminal activity, but never reported it because the person being audited wrote out the check for the owed amount.