Nittany Nightmare Continues Past Sandusky: Former President Spanier Charged- NEW Charges for Curley and Schultz Filed
Happy Valley- PA On the heels of convicted child molester Jerry Sandusky’s transfer to his new home, what most predicted would follow- has.
Former Penn State President Graham Spanier, fired by the Penn State Board of Trust the same day as legendary late-Nittany Lions Coach Joe Paterno, is facing serious charges today filed by Sandusky’s prosecutors.
Spanier is facing counts of obstruction of justice, perjury, conspiracy, endangering the welfare of children and failure to report allegations of child abuse.
Tim Curley and Gary Schultz, who were facing perjury and charges based on “non-reporting”, are now facing all five similar charges as Spanier- additional filings occurred simultaneously.
Linda L. Kelly stated the men “used their positions to conceal and cover up for years the activities of a known child predator,” on Thursday following the announcement.
Please check back to www.blinkoncrime for this developing story.
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http://www.centredaily.com/2014/01/07/3973828/jerry-sandusky-testifies-state.html
Whoever heard of a “de facto” employee status after retirement & pension commencement
based on irregular payments for “consulting”?
OT Thank you Steve. By comparison, I checked my child’s comparable U
and found a single bank with an 11-year agreement paying $10 million
to the U, with no yearly fee & interest below 10%. expiring this year.
Rose, I kind of think that Sandusky has a case here. A lot of alumni try to “boost” the school; they don’t work for it but try to support it.
Gawd if it was anyone else- anyone else, I could get behind that. I appear to be unable to separate my personal feelings from the fact that $5k per month is a comfortable existence for the woman who I believe stood by and did nothing ( at a minimum) to stop the Hell on Earth Sandusky created for so many children. There is no defacto employee status, however. It has to work both ways and without an agreement or articles of incorporation that include that as it relates to the consulting work which would make him a contract employee ( in lieu of) it just is not a viable status I am aware of.
B
@JJ-PA
It is a vested pension.
PA or Penn State is breaking a contract imo.
I’m not certain, but we might all be on the same page. I’m not happy about it, but I think he does have a case here.
On the flip side, he could be facing civil liability.
http://abcn.ws/1e6AHCZ
re Matt,
Sundance.
Paternos now adding PSU to the suit: http://www.pennlive.com/midstate/index.ssf/2014/02/its_paterno_vs_penn_state_in_l.html#comments#incart_most-comments
At look at the prehearing arguments of both the AG and the PSU 3′s attorney. http://www.pennlive.com/midstate/index.ssf/2014/02/alleged_penn_state_cover-up_ca.html#comments#incart_most-comments
Thank you for the article, J-J;
What is your opinion (which I know will be enlightened).
Cursory reading here, but I suspect Judge will send all to trial on all counts.
Seems to me the 3 have to turn to a Bar complaint with regard to Baldwin if they want redress, or some tort.
Seems to me Spanier has the best arguments.
Spanier civil suit against Freeh delayed until after his criminal trial:
http://www.pennlive.com/midstate/index.ssf/2014/02/former_penn_state_president_gr_11.html#incart_river_default
@Rose. There are three factors in the state argument.
1. Baldwin really wasn’t the PSU 3′s lawyer; she represented PSU.
2. Even if she was their attorney, there is the “crime-fraud” provision in the attorney rules that says an attorney can break privilege if her client is using her to perpetuate a crime or fraud.
3. Even if she Spanier’s attorney, Spanier waived his privilege when he discussed her advice publicly.
Spanier is claiming that she violated privilege, that she didn’t give him legal advice and that therefor, he didn’t have counsel. I found the defense argument to be circular. Spanier, obviously, could have hired outside counsel. If he didn’t get legal advice from Baldwin, there is no privilege.
My guess is that Judge Hoover will rule that Baldwin DID have an attorney-client relationship with Spanier, i.e. Spanier expected legal advice from Baldwin. Then I think he will rule that the crime-fraud provision applies, mirroring Judge Feudale’s non-binding dicta.
@J-J. Thank you for your succinct, incisive analysis, which seems spot on to me.
I simply regret Baldwin will emerge unscathed, even insofar as a Bar knuckles rap,
as in my opinion her PSU Gen Counsel activities were self-interested (due to prior Board position),
and she coukd be seen as chronically weak professionally in all her prior government employment.
You are quite right Spanier’s argument is circular.
More reason to wonder if there were more like Sandusky at Penn State, as has been previously alleged.
snips>
But as McQueary prepares to give his eyewitness account again of a 2001 incident where he says he saw Sandusky sexually assaulting a young boy in a campus shower, a report in ESPN the Magazine says McQueary told several Penn State players privately that he was the victim of sexual abuse as a child himself.
Although he hasn’t confirmed it outside the locker-room meeting, McQueary told players he was a victim of abuse at a time when his decision to leave the locker room without stopping Sandusky was being criticized in State College and beyond, including by Pennsylvania Gov. Tom Corbett.
http://t.foxsports.msn.com/report-penn-st-whistleblower-mcqueary-told-players-he-was-abused
Rose & JJ, WRT your discussion on Baldwin’s representation of the Penn State 3, I can’t help but wonder how Paterno’s decision to get his own attorney will speak to that issue. Just by virtue of that decision he was in essence turning down Baldwin. If he had that mindset, what were the others to think.
A facilitating article on McQueary: http://espn.go.com/espn/feature/story/_/id/10542793/the-whistleblower-last-stand
In terms of the investigation, the article notes:
1. A man (Chris Houser), a football fan, stuck up a message board conversation with MM’s older brother, John II, in October 2010. They were discussing the possibility of Sandusky coaching again at PSU. John II said no, because MM had seen Sandusky doing it with a boy.
2, Houser send a then anonymous e-mail to Centre County DA Parks Miller.
3. Parks Miller forwarded it to the AG’s Office.
4. The AG’s Office contacted MM within a week.
There can be no question, if accurate, on Corbett dragging his feet in the investigation to wait until after the election was over. He did not know that MM had seen anything until AFTER the 2010 gubernatorial election.
Erose, Paterno had an advantage, a lawyer for a son.
@Erose. I hope the average university administrative employee would be too intelligent to believe their corporation’s GC could in any way represent them. I believe they did not realize they were targets or in jeopardy, and did not realize they needed Counsel. It’s kind of like Horman writing Intel’s GC, but not with a belief Intel represented him legally. Two of these 3, especially Spanier, were Administrators who would have known one signs a retainer agreement & makes an escrow deposit.
@Blink. Pretzer interview yesterday. moving over the PA line qualifies one for inState tuition…..
@ J-J. Weak memory here. Are you saying no local or State investigators, the GJ, and no local or State attorneys, knew of MM’s inhouse sex abuse report prior to Oct 2010? That those inhouse reports were privately held by PS Coach & Admins until Oct 2010 or thereafter when the State AG approached MM directly?
(As you have fact mastery, when, relative to Oct 2010,
did C Baldwin become aware of MM’s internal reports?
Is she saying it was during the GJ testimony itself?
Sorry to use you as a fact mastery crutch.
@Rose – the short answer is yes, that is what I am saying.
Corbett claims that nobody at the AG’s Office knew McQueary saw anything until that e-mail. Parks Miller is a Democrat and was first elected in 2009. Corbett endorsed her opponent, the then incumbent DA, Madeira, who turned the case over to the AG’s Office; he endorsed him in 2005 as well. I do not believe that Parks Miller would sit there quietly and say nothing if Corbett was lying. I do not believe that Madeira would have left that detail out, had he known; he indicated he didn’t know about anything other that Victim 1.
In the e-mails released, there is no suggestion that anyone talked to the then DA, Gricar, about 2001. He knew about 1998, obviously.
I THINK the subpoenas for PSU were not issued until December 2010, as a result of the AG’s Office talking to McQueary. That is either in Freeh or the Spanier presentment. That is when Baldwin became involved.
I know of NO actual “inhouse sex abuse reports” other than Paterno’s/ McQueary’s oral reports, and the e-mail, from 2001. There WERE reports from 1998, but those were only discovered by the AG in December 2010, after they had talked to McQueary. Baldwin discovered those a day later, when she asked PSU for what the PSP had received.
Dottie Sandusky will on the Today Show tomorrow (3/12/14).
Wow. Thanks, JJ. I only saw this part of the interview. Did Lauer ask her about their son Matt’s alleged sexual abuse?
http://www.today.com/news/jerry-sanduskys-wife-victims-were-manipulated-they-saw-money-2D79356845
DS reacts to interview.
http://www.bing.com/videos/search?q=dottie+sandusky+today+show&FORM=ASMMVR#view=detail&mid=9EC982CAED072961C0E39EC982CAED072961C0E3
This answers my Matt Sandusky question.
http://www.bing.com/videos/search?q=dottie+sandusky+today+show&FORM=ASMMVR#view=detail&mid=9EC982CAED072961C0E39EC982CAED072961C0E3
Thanks for posting erose. As if the strength of a childs scream is the point here, whatsoever.
She needs her own evaluation, imo.
B
UNREAL!
John Ziegler (journalist and DOCUMENTARY FILM MAKER) claims, along with Dottie Sandusky, that he is INNOCENT.
Does this not stink of WM3 a la Joe Berlinger and Bruce Sinofsky, or is it just me?
http://www.today.com/news/jerry-sanduskys-wife-victims-were-manipulated-they-saw-money-2D79356845
Lord help us.
Dottie Sandusky is a compliant victim and enabler, and I don’t give a rats bippy who says otherwise.
To further victimize these abused children turned abuse survivors ( to the extent they can survive something so vile and debilitating) is sickening.
Yes, good analogy.
B
I don’t do TV talk shows, including today. I suspect her husband asked her to seek out press in
the ill-formed idea it would influence his appeal positively, or perhaps she was paid & needed it.
I read the online blurb of her beliefs about Jerry and feel them the perspective of a provincial, small town woman who
led a circumscribed life up to his trial.
Shreeks she may have heard around the house or from the basement
would be absorbed nonattentionally, as just Jerry goofing off & tickling those kids again.
spelling fix –shrieks, sorry
just all in fun, I’m sure she thought & thinks
Rose, you crack me up (don’t do talk shows…LOL)! Love your posts xo
Ragdoll says:
March 14, 2014 at 3:07 am
-snipped
Dottie Sandusky is a compliant victim and enabler, and I don’t give a rats bippy who says otherwise.
To further victimize these abused children turned abuse survivors ( to the extent they can survive something so vile and debilitating) is sickening.
Happy Saturday!
So yeah…I wish I could take credit for this, which looks like it’s part of my post, but it wasn’t posted by me (my post ends at ..Lord have mercy). I can’t take the credit. Don’t know if there was a merging of comments…or if part of Miss B’s responses wasn’t bolded.
Thought I should point that out…and amazing posts BOC. I revere your advocacy and abilities for details which give us facts to SEE THROUGH THIS MONSTER AND HIS MACHINERY! He and Dottie are NOT the victims.
Keep our eyes on the truth~~~~ xo xo xo
Dottie will be on CNN on 3/18.
To me, she appears to be either delusional, in denial, or she flat out lying.
The Patriot News did a good article on it: http://www.pennlive.com/midstate/index.ssf/2014/03/jerry_sandusky_wrongly_convict.html#comments
@Ragdoll. I spoke too soon & yesterday watched much of the 51 min interview reprise online which has a different flavor from the excerpts
http://www.today.com/video/today/54648895
M Lauer seems intelligent & prepared & did well. Ziegler I vote as a man who likely drove his teachers crazy
as an adhd-type lad. He has his own agenda & reasons to get close
to Sanduskys. She, surprisingly, came off well, and I guess I fall into Blink’s rats bippy Sheol. I was not on the jury, did not hear the evidence, so cannot form an opinion between the versions of the
truth, except apparently Amendola put on the world’s worst affirmative
defense. I do think it unjust Sandusky went in as a Level 2 and is housed & treated
as a Level 5 if, as she says, there are other appropriate prison settings in PA
if his “protection” is at issue. Sounds like she and Jerry have the support of all their other children.
Nice basement.
one reviewer
http://thedailybanter.com/2014/03/for-shame-matt-lauers-interview-of-dottie-sandusky/
@JJ PA real.
Your thoughts on
http://www.pennlive.com/midstate/index.ssf/2014/03/penn_state_to_paternos_you_can.html#comments ?
I’m not up on Freeh firm permutations.
I believed Penn State had a management consulting contract with Freeh’s consulting firm.
This defense suggests Penn State had a retainer agreement with Freeh law firm.
I suppose if I read back I’d see Freeh’s was a law firm, so the defense of docs is spot on.
wouldn’t Paterno’s attorney factor in attorney-client privilege, therefore he’s leading
his Paterno clients down a garden path? But Paterno son is an attorney, so…
It seems to me the question is whether Penn State’s consulting contract was with Freeh Sullivan Sporkin law firm or with Freeh Group Int’l Solutions. I’m betting it was the latter if Paterno atty thinks he has a subpoena argument. No wonder Freeh merged into Pepper — as a defense.
“The announcement was made by Nina M. Gussack, Chair of Pepper Hamilton LLP, and Louis J. Freeh, founder of Freeh, Sporkin & Sullivan, LLP and Freeh Group International Solutions, LLC. The transition will be effective September 1, 2012.” http://www.freehsporkinsullivan.com/news/25
I trust the knowledgeable, incisive JJ to correct me. Or the knowledgeable, incisive Blink.
At a cursory glance, press in this case & other cases describes Freeh as retained in his individual capacity, but as associated with two firms. Imo the Sporkin law firm legitimated him (and shielded the work product as a byproduct), & the global consulting investigative firm did the investigative work in such matters as Penn State & oil spills. Having a global management/investigative consulting firm was essential as a law firm cannot at present co-mingle employee professions (ie he hired a retired US Marshall as Managing Dir in NY of Global.
Freeh was hamstrung ethically, as he was hired himself, but ran the work thru Global while waving about the law firm on an equal footing. No wonder he merged both into Pepper Law before he got himself disbarred for the “2 independent & separate” businesses (imo a sham Chinese wall between them as both were always cited in press as the 2 employee group assets he brought with him to his “investigations.”) So in the matter of the subpoenas, the question is which employees did the investigative work & which business entity cut their paychecks? Do you think Paterno attorney has deposed Freeh for that info?!
OT
curses once again on iphone software’s independently inserted ! s.
At the risk of sounding crass, Lauer should have asked DS about any infertility issues she and JS might have had, if that played a part in why they chose to adopt or was it more of a higher calling, and if she and JS had normal marital relations.
There is nothing crass about those questions- in fact, a well researched and prepared interviewer should have asked them. Had I been Stateside when it aired- I probably would have done a piece similar to a few of the articles I have seen you savvy posters commenting on here.
I have only reviewed snippets so I will have to catch up, but it does not matter to me. I know a compliant victim and enabler when I see one and sources on the ground have been confirming this to me for years.
I have another question for Mrs. Sandusky- Did you feel it your responsibility once allegations were levied against your husband- and I am referring to the fourth grand jury subsequent true bill- to research pedophilia and whether or not it was even possible that the allegations were true?
Has she subsequently?
How does that factor into her opinion that the victims were under some sort of manipulative voodoo of their dollar-sign eyeballed counselors?
This woman angers me to no end, can you tell?
B
@Rose, the engagement letter says that Freeh will “serve independent external legal counsel.” http://progress.psu.edu/assets/content/FreehSporkinSullivanEngagementLetter.pdf
I think that this will be an issue, and have become convinced that the Paternos have playing to the press.
In reality, the judge has not even said that the suit can go forward (and I expect elements of it NOT to go forward.) It is premature to begin asking for information prior to that, which is one of PSU’s arguments.
@JJ PA with that engagement letter, obtaining work process & product by subpoena is foolish to litigate.
Imo it is Paterno family’s attorney trying this in press, a roadmap laid out imo in conjunction with her son.
She is ill-advised. I can’t believe JoeP would indulge in a frivolous suit. hangers on like Ziegler are unfortunate.
Not crass Qs erose.
Should have been asked.
It was always a bizarre suit.
Probably Sue is supporting her son.
Seems to me in a settlement sanctioning the U, Paterno’s records are fully in NCAA/PS’ purview and on the table, because as coach he was an employee acting in the course of his employment. Paterno estate imo has no standing to challenge the settlement. It seems to me it’s one thing to commission a rebuttal defense against the flawed Freeh report, and another to sue over sanctions running to PS program.
First, Blink, thank you for this site.
Second, while I try not to show it, you have no idea how heartbreaking, and maddening, this is for me. My way of dealing with this is to be cold and analytical. That is not a criticism of you (perhaps it is of me), but it does explain my cold and analytical answers. I actually like seeing the emotional side of it.
Your welcome, and I get it.
Nice to have your perspective, J.J.
B
@Rose, at least some elements of it are nonsense. Paterno does not meet the definition of an “involved party” under the bylaws. The process that it looks like it was using was contemplating terminating or suspend PSU’s membership in the NCAA, not an individual action against anyone. That follows their rules. I’m actually offended by their claims.
They can argue the disparagement-type charges, and they may have a point, but that has nothing to do with the sanctions.
http://m.lancasteronline.com/opinion/opinion-dottie-sandusky-was-also-groomed/article_30dfda2c-aeaa-11e3-8990-0017a43b2370.html?mode=jqm
Yes. This is what I have been saying, what I believe, and after having watched the 51 minutes- I cannot believe that nobody picked up on Dottie’s first characterization as to her husband. She said.. albeit erroneously, but none the less… When he was acquitted.
I can remember stopping abruptly what I was doing ( outside of watching/listening as I multi-task for such reviews)and it was the precursor. She knows. She knew. She ignored.
Nobody will ever convince me otherwise.
B
DS should have been charged as an accessory, even if the charges didn’t stick. (IIRC it was JS’s mother who arranged their first date.)
This is somewhat related. AG Kane is now in the midst of a huge scandal, that is growing. It deals with her decision not to prosecute four Democratic state legislators. The fire is basically coming from Democrats, notably Phila DA Seth Williams.
This will likely impact the “investigation of the investigation.”
JJ I supplied a link so folks can follow:
http://www.philly.com/philly/blogs/cityhall/Tom-Wolf-says-Kathleen-Kane-wrong-to-drop-investigation.html
B
Thanks Blink.
It is even worse: http://www.philly.com/philly/opinion/20140323_Kane_s_account_of_case_doesn_t_add_up.html
Kane (D) closed the case against for Phila state representatives, all D’s. She claimed it was botched and targeted African Americans.
Williams (D), who is African American, and who has jurisdiction as DA of Phila, said that it was nonsense. He then went one to claim that the case was sent to federal prosecutors before Kane took office, but that SHE demanded its return to her and only THEN did she close it.
If there is evidence of that, Kane could be impeached.
YW, JJ.
Wanting to keep on topic here, we shall see if it is relative- however- it would be the rarest of rare for a State asset to “demand” anything from a Federal investigation. There would absolutely have to be an EXCLUSION of jurisdiction- and on the surface I am not seeing that, although- I admit, I have only subcutaneous info.
B
Hello Blink: I only became aware of this site a short time ago when I got back a Google on The Surma Vendetta and Surma Vendetta part 2 which I wrote back in Sept 2012
http://notpsu.blogspot.com/2012/09/the-surma-vendetta-part-2.html
First I want to be clear that I do not share any of John Ziegler’s ideas concerning Dottie Sandusky or her husbands innocence. He is where he belongs. 2nd I’m a Univ of TN grad with no ties to PSU – just a serious interest in this situation from the beginning. I’ve been studying and writing about this since Nov 2011.
I believe this information is relevant to the discussion concerning the Board of Trustee’s actions in firing Coach Paterno and the PSU administrators. We at SMSS The Second Mile Sandusky Scandal website have very strong evidence that these firings were planned and executed by Gov Corbett with his 11 appointed Trustees and John Surma who took over for Chairman Steve Garban the night of Nov 9 2011 when Garban excused himself for conflict of interest as a former PSU player for Paterno.
That’s a joke really – because nobody had a greater conflict of interest on the board than Corbett who as Attorney General convened the Grand Jury that created the indictments and then as Gov controlled the only entity with the power to defend PSU against those indictments and what they meant for PSU – Unless it was the conflict of interest of John Surma – CEO of US Steel, brother of Victor J Surma and uncle of Victor Benjamin Surma.
I have some tragic news to share with you that is not widely known. Victor B. Surma died of an apparent heroin overdose in New York on Jan 26 2014. If you read The Surma Vendetta Part 2 you will see why this is relevant and important. In brief young Vic was forced by his father to reject a full scholarship at Kent State and walk on at PSU to play receiver for Joe. He simply wasn’t equipped to play at that level and he failed to gain any playing time. This led to a drug problem, involvement with an older man, dismissal from the team, and leaving school to become an adult male model. His alternate lifestyle and drug problems so upset his father and uncle they blamed Joe and his father launched a vicious attack on Joe online as evidence. John Surma did worse – He set up an unwary Board in crisis mode and railroaded the termination of JVP and the PSU administrators. The worst thing that PSU could have done at the time. READ The Crisis Blog by professional crisis manager Stephen Fink for the Why:
http://thecrisisblog.tumblr.com/tagged/Penn-State
This link also contains the statement by Nov 9, 2011 Trustee Al Clemens – the first of the Board to violate board rules and openly repudiate the decisions of the board.
This story is far from over: -
1) The Federal Investigation of the Kelly and Freeh investigations is moving forward.
2)Mike McQueary’s possible abuse as a minor isn’t the story that ESPN should have covered. McQueary’s gambling problem wherein he actually bet on PSU football games as a player and coach is the story – and the reason the Attorney General was able to get away with making McQueary maintain statements he never made.
3) The smear campaign against AG Kane is a desperate smokescreen by Fina and Corbett because her investigation of TSM and other aspects is going to be very damaging to them. The investigation that Kane terminated had been dormant for over a year under Kelly.
4) Baldwin is going down – her position is untenable -she should never have been in that grand jury room. Curley Spanier and Schultz are completely innocent of any perjury or cover up. McQueary only told them he was made uncomfortable by what he thought might be something sexual because he heard 3 slapping sounds and then saw the naked boy leave the shower followed by Sandusky. They honestly thought it was JS horseplay or wrestling but they were concerned enough to ban him from using the facilities and to inform his employer The Second Mile and child shrink Jack Raykovitz (Raykovitz is the guy who’s charity was responsible for protecting those kids and he was the guy in a position to do something about it) Raykovitz will likely be indicted.
Penn State was made the scapegoat and target by Corbett and Surma on personal vendettas. Surma wanted Joe gone because he blamed Joe for his nephews failure and drug abuse. Corbett wanted Spanier gone for political and state financial support reasons. These 2 men cost PSU millions. They are the two who engineered the hiring of Freeh and the Freeh Fiction. This is the worst conflict of interest case imaginable. A real political and financial travesty. Joe Paterno died prematurely in disgrace because of it and now Victor B Paterno has died in part because he relapsed after being made to feel responsible for what happened to Joe and PSU through his father’s actions.
Sorry about the length but it’s not a short story. There is very substantial evidence for everything I say but it is not all a certainty. Stay tuned -we are learning more each week if you check the website we are currently publishing dozens of emails and internal documents from that Board of Traitors. Good discussion going on
here I’m glad I found you. Barry Bozeman http://notpsu.blogspot.com
Welcome Barry.
I am pressed for time through the weekend but will check out your site at first opportunity.
You are levying some large accusations for sure, in the interest of disclosure- I was PSU undergrad- I do not have any interests past that in PSU.
As you read- I reject Ziegler and Mrs. Sandusky’s utterly bogus claims of Sandusky’s innocence at a minimum.
IF and I want to underscore that IF McQueary was betting on his own team- and prosecutors used that information to solicit his statement and testimony- not only is his lawsuit in danger, but that information will assuredly be used for Sandusky’s appellate options. I sincerely hope that is incorrect, or at least not in conflict with his statements in the first place.
B
A “vendetta” against an 84-85 year old man with health problems, and who had already negotiated his retirement package, does not make too much sense. It wouldn’t effect his pension any, unless he was criminally charged (Paterno was not charged).
Some of Corbett’s account of the investigation HAS been verified by a third party, ESPN: http://espn.go.com/espn/feature/story/_/id/10542793/the-whistleblower-last-stand
It is interesting to note that ESPN is not in Corbett’s pocket and he was critical of their prior reporting: http://www.pennlive.com/midstate/index.ssf/2012/04/pa_gov_tom_corbetts_spokesman.html
On the specific points:
1. There is no known FEDERAL investigation of Freeh or Kelly. Kane is conducting her own investigation. The Department of Education IS investigating PSU for Clery Act violations, but that is an investigation of neither Kelly nor Freeh.
3. Williams, who has emerged as a major Kane critic, is a Democrat and no supporter of Corbett. One of Corbett’s potential opponents, Tom Wolf, who currently leads in the polls for the Democratic nomination, has been critical of Kane as well; he is obviously not a Corbett supporter.
4. Baldwin does NOT appear to be “going down.” There is a more than legitimate argument that she can testify. Schultz obvious awareness of the 1998 incident, at the time and in 2001, is well documented. Courtney’s bill is a strong indication that they considered the possibility of child abuse.
That only leaves point 2. There is, so far, no evidence of that. It was a winning season and the three losses were by wide margins, making it unlikely that the games were thrown.
J.J.- just an fyi, if AGAIN, IF.. McQ was betting on ANY college ball games, let alone a team he was playing for or coaching it is illegal and a game did not need to be thrown for that to be the case.
B
Spanier filed suit in federal court to prevent the state case from going forward. From what I can tell, there is a SCOTUS ruling that there is NO federal right to having an attorney in a grand jury (I can post the link to the opinion in the case if you would like).
Spanier released both HIS and Baldwin’s full grand jury testimony: http://media.centredaily.com/smedia/2014/03/31/12/50/zTYZS.So.42.pdf#storylink=relast
Baldwin does NOT appear to have been given immunity. She has stated that she was kept out of the loop and was not even aware of one of the incidents until the presentment. That could be critical to her testimony being entered.
JJ- I am positive she had an immunity agreement – anyone link?
B
The “‘off-the-record’ proffer” is at the end of the documents. The AG said that she would not be prosecuted for anything in the “proffer,” it does NOT grant her immunity. It prefaces that with, “although you client may be prosecuted for any criminal involvement.”
They said, in effect:
If you talk to use, we won’t use what you say to charge you. If you committed a crime, even about something you said, we can still charge you.
It is NOT:
We won’t charge you with anything, provided you tell us what you did.
It is a proffer- and she was never, ever going to testify without immunity. By testifying in a grand jury hearing, an individual is granted limited use ( different in diff jurisdictions yest) immunity by it’s virtue.
Respectfully, I would be very careful about interpreting statute whether State or Federal. It is true that a proffer in and of itself does not garner auto-immunity, but rather the proffer itself is sought permissively with the understanding or is never proffered.
B
@Blink. I thought Baldwin had immunity wrt her own testimony to G J.
Not up on Kane, but find her AA race card as an excuse for not filing public corruption charges laughable.
http://reason.com/blog/2014/03/17/democrat-attorney-general-shuts-down-cor
DOJ charged mayor of charlotte nc, an AA “role model.”
Yee/Chow of San Fran, Chinese, also federally charged.
So DOJ is pursuing public corruption while
race chips fall where they may with fellow Dems.
why has Kane not got the same aggressive public corruption
MO wrt elected officials as DOJ?
@Blink, the only thing in the documents is that the prosecutors won’t use her testimony against her. There was no conditions on her testimony other than that. Baldwin signed off on that.
The upshot is the only things that I could see where Baldwin could conceivably be charged are:
A. She didn’t report Spanier’s perjury immediately.
B. She didn’t turn over the e-mail in response to the subpoena, because the PSU 3 told her there wasn’t anything to turn over.