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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Why is Kane arrested for leaks of sealed material and not Feudale? Feudale wants assurance he will remain anonymous as the leaker of sealed Supr Ct mayerial before turning it over. in http://m.apnews.com/ap/db_268748/contentdetail.htm?contentguid=3QSdOkJm
where is Risa Ferman now?
@Rose, I don’t think it is ex parte. In grand juries, there is basically one attorney, a prosecutor. Ex parte communications apply when there are multiple parties and some of them are not involved in the communication.
worst decision of Kane’s: keeping the Beem
http://triblive.com/mobile/9346179-96/kane-office-general
—
Beemer et al are right on the server issue, just like private email passing thru a Google server.
However that is the argument of a corp on defense seeking to conceal criminal acts of employees. The OAG’s argument should be acts of employees done in the workplace during work hours ( just like viewing actual porn) become the property of the corp and are subject to subpoena or court order. Like a bartender who sees an old friend come in and buys him a drink. Guy goes out & commits vehicular homicide while dui. Doesn’t shield the Corp or bartender that he did not pay for his drink nor enrich the corp. His was arguably personal business & a personal transaction. I’m casting Feudale in the role of dui old friend just dropping by for a personal chat.
It looks like Carpenter, Feudale, Eakin, Fina, and others (ie the Beemer) are making Kane’s defense case for her.
JJinphila. a rose by any other name. you know the rules for the conduct of GJs better than I. But, imo such Feudale contacts with prosecutors should be housekeeping & mgmt. Otherwise, targets should be advised of their right to an attorney and right to have the attorney present.
Feudale undoes the credibility of his media release by tagging on:
“…but that she failed to meet any of the ethical or moral standards deserving of the institution from the beginning”
He betrays a bias so abject & profound–from the beginning of Kane’s elected tenure–that he should have resigned as State presiding GJ Judge rather than face removal when he sent his snide emails about Kelly & Kane to the OAG inbox in error.
http://triblive.com/csp/mediapool/sites/dt.common.streams.StreamServer.cls?STREAMOID=Fx1v4VunAwbRI3jAaABbYZM5tm0Zxrvol3sywaAHBAlheFXdjrNmyQ1iTFm6wdXnYFvYJtLALTVU4xRnIdl0TQd75FFq0wwMGY0lFLj3Tq2CntTQg573rVzOhfe3dIuoe$SE7JovEZhFAnhYfMRaAg–&CONTENTTYPE=application/pdf&CONTENTDISPOSITION=ptr-feudale-103115.pdf
Beemer replaced Fina as head of Crim, then took King’s slot, but his raison d’etre while working under Fina was prosecution of the PS3 Admins, which he’s hung onto, and which Kane’s Feudale furor threatens
http://triblive.com/mobile/6223051-96/attorney-general-beemer
must have had typo in email above
http://www.pennlive.com/news/2015/11/judge_sets_trial_date_for_ex-e.html#incart_river_mobileshort
@JJinPA. Michelle Shutt’s attorney vehemently dislikes SPM’s Facebook page, she posts on the nefarious (imo) CIOC. She says it is a govt page (really?). She says SPM is unethical for posting mugshots and detailed of crimes pled to or convicted of, because it prejudices defendants.
due to a number of posts it seems clear Shutt’s attorney will try this defense case in the media, right now alternative polemical FB pp (one sponsored by Masorti) by claiming SPM is unethical as a DA across the board & per se under Bar rules.
This new pp has been disseminated by COIC (rob hampton/ contacted by masorti?):
http://stacyparksmiller.com/2015/11/07/does-parks-miller-intentional-want-to-curb-free-speech-with-her-defamation-lawsuits/
It’s style is that of the flagrantly wild & illiterate (imo) PFUR Simon.
This is a concerted FB campaign by malefactors (COIC, PFUR) that
SPM needs to STOP in its tracks.
http://yardbird.com/back_door_impeachment_direct_removal_clause_not_intended_for_PA_attorney_general.htm
meant to say:
“contracted by Masorti?”
the Q is who paid Hampton
to buy the domain name & set up
that site?
Hampton links himself online with
Shutt & Masorti
Examples of what aDA can & cannot make public, via facebook or other means.
“According to the State Bar of California Rule of Professional Conduct, the following information may be provided to reporters at arraignment:
* A description of the accused, including name, age, occupation, citizenship and whether the suspect is single, married or divorced;
* General description of the crime, but only facts put on the record in court;
* Circumstances immediately surrounding the arrest, including the time and place of arrest, pursuit and/or use of weapons, the identity of the arresting officer or agency and length of investigation;
* General description of the victim (except for sexual assault, domestic violence, stalking victim or at-risk persons) including age and occupation, (but not names, addresses or phone numbers);
* Description of principle charges and allegations or enhancements in the charging document;
* Information contained in the public record, including the complaint, and any information made part of the public record at arraignment, bail review, preliminary hearing or trial;
* Penalty range for the charged offenses or the sentence imposed;
* Amount bail, location of jail;
* Future court dates and explanation of the court process;
* Description of any motions filed if they are in the public record;
* A call for public assistance in providing information to aid in an investigation;
* A warning of danger regarding an at-large suspect.
What Information Cannot Be Released To The Media? [TOP] The State Bar goes on to limit what information can be provided to the public: Regardless of whether information is contained in the public record, prosecutors should avoid making any public statement that has a “substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.” The American Bar Association provides specific examples of information more likely than not to risk material prejudice:
* The name of an accused juvenile, unless the minor is deemed a 602 ward and charged with a serious or violent felony under Welfare and Institutions Code section 676;
* The subject of any gag order;
* A confession or admission of a suspect or defendant;
* A statement regarding the suspect or defendant’s refusal to make a statement;
* The prior criminal history of the suspect or defendant unless it is part of the criminal pleading or crime under investigation;
* Identity, testimony, or comment on the credibility of any prospective witnesses;
* Statements that violate existing gag orders or statutory rules of confidentiality;
* Possibility of a guilty plea to the offense charges or a lesser offense;
* The prosecutor’s personal belief in the guilt of the suspect or defendant;
* The identity of a sexual assault victim, domestic violence victim, stalking victim, confidential informant, or any at-risk person involved in the criminal matter;
* The results of examinations or the defendant’s refusal to submit to certain examinations (e.g., lineup, polygraph, blood-alcohol, DNA, or voice sample);
* The events of a closed courtroom session or secret Grand Jury Proceeding;
* The contents of a probation report if it has not been entered into the public record”
http://www.sdcda.org/office/newsroom/media-guide.html
Do I understand it correctly that Sen. Scarnati will be in charge of the AG’s office if Kane is impeached?
Steve, he may be another Catholic Republican, but he never went to law school did he?
Isn’t the lack of an active State law license pending trial his entire argument? We’ll let
JJ cite the Constitutional Amendments since the AG office became elective.
Prediction: the House may impeach her, but the Senate will not convict her.
very tough sentencing by J Grine (note the defense atty):
http://www.centredaily.com/2015/11/05/5002032/dubois-man-found-guilty-of-trespassing.html
I don’t get the SO registration, as intercourse was consensual.
She threw him out afterwards over his filming it without her consent.
O/T:
1. Don’t tell me this surprises you with the Masorti/Grine issue, lol.
2. What criminal defense attorney chooses a bench trial given the immediate past nonsense flying around that jurisdiction in front of Grine? Then waives his clients right to face her?
3. Yes, 7507.1 conviction (15 of them in this case) invasion of privacy rests on the prong “for sexual gratification purposes” in PA when filiming someone or using a device to clarify one’s view. My guess is that Kent likely commented or filmed himself in a context that would make it difficult to defend that it was not for gratification purposes.
4. So there is no victim of sexual assault, is referred to as a “significant other” no restraining orders although either this is the worst reporting I have seen in a long time, or the subsequent residence “visitations” were not known until the warrant for the phone was executed. There is where Masorti’s CLI or paralegal should have prepared him to argue against whether the prob cause issue was proper and so on. Crim law 101.
5. This guy is a freak , and deserves what he got, but I swear Grine adjusted the bond accordingly so Masorti can’t get paid to file the appeal, etc, LOL.
B
Kent’s better off with a supervised pro bono law
student arguing ineffective assistance of counsel.
I was also amused by the Masorti choices – bench trial,
waiving defendant’s presence during her testimony
Hope SPM put her newest & least in for training.
—-
I suspect there’s some pot & kettle here, with other
issues, but he deserves the thrown book to deter other
men from phone filming w/out consent.
lol, if you were referring to me (line 1) “ain’t nobody got time for dat” but I appreciate the vote of confidence. This jurisdiction is a hot mess.
B
Magistrate Dutchcot has apparently been searching for a new job in Pittsburgh for some time, recently succeeded, & resigned…a week after the election.
….not thinking of County caseload mgmt at all when she knew she was going as
soon as she nailed a job offer, given there can be no elected replacement for 2 years.
http://www.centredaily.com/2015/11/09/5007197_district-judge-leslie-dutchcot.html?rh=1
Looking to see if she was another Catholic Republican, I found unexpected linkages.
(She was erroneously attributed with a doctorate; it was a JD.)
https://www.linkedin.com/in/leslie-dutchcot-b8809162
Got her private practice start with Masorti.
Went on to K Yurchak’s firm (Michelle’s atty), now who then do you think suggested Yurchak to Shutt?
Masorti has friends it seems.
one wonders why Dutchot, tied to Masorti & Yurchak, first drew the Sandusky short straw and favored him with no bail $?
I am positive Dutchcot was on the board, or a member of some tangential Second Mile thingy.
B
I am wondering if Dutchcot was another DA office (imo) retread
like Sloane, Shutt, & Sean; and, if so, what that says about her
later career progression as well as initial Sandusky assignment.
JJinPhila. Interestingky, Yurchak is letting COIC commenters on Masorti’s COIC rattle on without pointing out Dutchot was employed and career-mentored her entire time in Centre Cty by firm of Masorti or Yurchak.
@Blink. Yes, she was. What I’m saying is
her formative CC private practice ties were as a Jr in Masorti’s and Yurchak’s firms.
What does that say about her 2nd Mile Board choice of volunteerism selection?
(in fact some of her Masorti Linkedin CV reads like she’s was a paralegal in his practice.)
http://www.nbcphiladelphia.com/news/local/Judge-in-Sandusky-Case-Got-Money-From-Second-Mile-Chairman-133987403.html
Yup.
Thanks Steve- wth?
B
Wasn’t the furor over her setting bail about the time Jack Raykovitz and Wendell Courtney resigned from their positions? Maybe just coincidence.
@Steve. imo she just set bail as any magistrate or judge in CC would have for a white male of a certain age with a famiky, pension, deep community roots, & a certain local standing. I don’t think he was treated unusually in the Centre Cty of that day–look at C Lee’s first bite at the apple.
Dutchcott volunteered for TSM, but was not on the board.
Kane is offering two legal defenses:
1. “I forgot.
2. “Duh, I’m stupid and I didn’t think I had to know all this stuff.”
http://www.feldmanshepherd.com/Noonan-et-al-v-Kane-et-al-Complaint.pdf
p 18, #73: the kernal of Fina’s narcissistic injury.
p 19, 80-82, Fina emblazons a new SuperHero symbol on his chest (while bending over Willing
in the law library for a selfie).
http://www.feldmanshepherd.com/Noonan-et-al-v-Kane-et-al-Complaint.pdf
p20, #87 scumbag Ali has no income, & his only “employment” is on Fina’s Crew.
p 21, # 88. Scumbag specifies the officeholding “inducement to a crime” targets for Fina & Crew.
#90. In which Fina (imo) coaches scumbag on how to exculpate himself.
—-
#92. how was candidate to know these were straw donors? contrived.
—–
#96. one manipulative SOB
—–
#99. darn shame scumbag got off.
maybe he was on the email chain?
—–
It appears to me Kane was right, this “sting” was not successfully prosecutable, as designed & implemented by Fina.
—-
While Fina et al have a case, & may be successful, their investigatory methods ie relying on Ali alone–even to chose targets to seduce–in the “bribery” gambit (reminds me of Chalabi in Iraq) demonstrate he, and they, should not enjoy govt employment as prosecutors.
So true. Thanks Rose.
@” J. J. J. in Phila (the read one) says:
November 12, 2015 at 12:08 pm”
http://blinkoncrime.com/2012/11/01/nittany-nightmare-continues-past-sandusky-former-president-spanier-charged-new-charges-for-curley-and-schultz-filed/#comments
Wel, JJJ, I read your Tibbetts and others tete-a-tetes
on PennLive et al with interest, because I respect you,
but as a result, I know where you stand on Kane.
Predetermined mindsets don’t work in the Gricar,
Centre County, State & local law enforcement systems’ current instabilities.
Kane may be hapless, mentally deficient, & a wilful lawbreaker.
But Fina’s just-filed suit more than demonstrates he was avidly, as a state employee, carefully planning to sabotage/wreck her elected Administration with regard to specific cases & investigations before she walked in the door. I suggest, psychologically, his mental functioning was the culmination of some sort of man crush on Corbett and/or others–just to go out on my limb.
happyvalley citizen, another of those interconnected “arrest SPM” blogs, just published that both Sean McGraw & Masorti want the elected DA job and would run if she is removed, going on to say Sean is much loved by police. This blogger seems in the know with Team Arrest, so now some motivations have been suggested for the SPM
slander by 2 defenseattorneys.
something has prompted Exarchos to move to rescind a new cushy contract
awarded prior to the election, funding a full time position in PSU-LAL.
http://centrecountypa.gov/AgendaCenter/ViewFile/Agenda/11172015-328
Exarchos is a psu geochemist grad with an interest in the environment & land use.
http://mobile.philly.com/beta?wss=/philly/blogs/heardinthehall&id=353026871
The hate-speech 3 join Seth for a consciousness-raising sensitivity session.
My theory is raw sexual scenes were shared amongst men
who get a sexual charge from sharing same with other men.
So last Friday just gave these 4 men more bonding time over
chatting about sexual matters–so, ithis session
was in fact a reward in Pavlovian terms, not a
deterrant.
a last minute “workshop session” for “all members of the office”
I wonder how all those ADAs got their Friday trials and Motions rescheduled at the last minute?
http://billypenn.com/2015/11/23/the-respect-effect-the-motivational-speaker-seth-williams-asked-to-train-those-porny-prosecutors/
In general my experience with PA courts holds Friday as open docket motions day- scheduled first and then others as time permits (generally ex parte but not always) although I have never practiced in Centre County.
B
Catching up:
1. As far as I can tell, SPM’s Facebook page only contains links to news stories,, stuff already published. There is nothing improper about that.
2. Yes, I think Kane should either resign or be removed. Short of that, she should have delegated her authority for legal matters to her deputies prior to her license being suspended.
3. Steve remarked on impeachment. That is a different process. The process is referred to as “direct removal.” It involves the Senate and the Governor. I expect Kane to be out of office by January 15, 2016.
I also feel that had she properly delegated her legal authority, when she still could,that this would not have happened.
I would also add that on the “sting,” William, the Phila DA, has gotten guilty pleas from several of the defendants. If any of these go to trial, I expect a guilty verdict.
Agreed JJ, thanks for the insight.
B
workshop session for Seth & his entire office, he says,
was in Philadelphia where he is DA, hopefully not for long.
Black leaders say reluctantly he has lost their support. Doesn’t
matter if his prosecutions were righteous.
His handling of his employees who on State time & equipment
(doesnt matter if it is Phil. or OAG)
repeatedly sent “visual ‘anti’- sex & hate” communications
the way the Sensitivity-less 3 did merits a loss of voter &
organizations’ support for any future election.
Agree fully with the points you make here JJ/PA.
ps JJ/PA good for Wolf, coming out of the box early.
earlier than certain Republicans.
Someone’s gonna be deciding future criminal charges against Sandusky.
Who wants it to be the Beemer?
There was an article today. Three of the five have plead guilty. http://mobile.philly.com/beta?wss=/philly/news/politics&id=353120891
The problem with playing the race card is that investigator that basically ran the sting is African American (and suing Kane for slander), and Williams is also African American,
Also, while Kane claimed “racist e-mails”, she has yet to release any and there have been an issue about receiving the e-mails, as opposed to sending them.
While Kane can release them, recently, the Commonwealth Court ruled that she is not required to release them under RTK. So, she opens herself to personal liability if she does release them.
@JJ/PA yeah, thought it was that case. One time Beemer had good judgment.
There may have been a black lead investigator, but Fina ran the case period, dismissed 2088 charges a grand jury laid on the “Stinger,” Ali, and iirc he kept almost 1/2 mil in illgotten $. And the first 4 corrupt targets Stinger prposed were white & Fina discarded. Imo those 3 were fools to plead out. Fina dangled pensions–big motivator.
—-
http://mobile.philly.com/beta?wss=/philly/hp/news_update/&id=353120901
only Seth, the 3 bad boys, & 8 other prosecutors wasted their Friday learning how to
cooperate in the workplace–and no one beat up on them with criticism. when do they get
the anti-porn & hate speech training?
“If Deputy AG Beemer, now the top licensed attorney in the office, cannot or will not perform the job now required to credibly meet these important constitutional demands in court, he should be replaced with one who can.”
http://newslanc.com/2015/11/24/keisling-pa-attorney-generals-office-must-go-to-court-to-oppose-senate-unconstituional-removal-of-kane-and-her-law-license-suspension/
Feudale was arrogant to entirely not respond to the Chief Justice,
but then any written response, if
truthful, would only serve to incriminate him
http://m.dailyitem.com/news/update-chief-justice-revokes-feudale-s-senior-judge-status/article_564424a6-93a7-11e5-962b-4309808d5dcc.html?mode=jqm
http://www.pennlive.com/news/2015/11/chief_justice_revokes_feudales.html#comments
Well, if Feudale & Fina were so darn close, that explains his Baldwin got a private tete-a-tete with those 2 before the GJ heard from Spanier, and why neither corrected Spanier in the GJ room when he stated Baldwin was appearing as his attorney.
http://www.usatoday.com/story/sports/ncaaf/2015/11/27/penn-states-sandusky-settlements-total-93-million/76448086/
But forbthe Freeh report, woukd $100 million WITHOUT litigation have been paid out?
Whoever kept PSU’s coffers wrt this matter is a fool.
I put it down to PSU’s lawyers over time, starting with Baldwin
Feudale opines.
1) man crush on Fina
2) had convicted the psu-3 prior to trial.
imo he colluded with fina to set them up prior
to GJ testimony w/Baldwin.
passionate crusader with role confusion
should’ve recused from Sandusky trial
https://mobile.twitter.com/Zigmanfreud/status/670788592696864768/photo/2
imo Kane discovered where theSandusky trial problems lay, but
couldn’t possibly disclose & be responsible for a successful appeal
if “the office” knows nothing,” who are the 2 leakers to this ubiquitous reporter?
http://mobile.philly.com/beta?wss=/philly/hp/news_update/&id=359100961
great choice Kane
http://www.buckleysandler.com/professionals-bio-detail/douglas-f-gansler
and I wonder if Kane solicited prospect ideas from W Sollers.
See Simon’s 11-30 Dropbox (RTK appeal).
https://m.facebook.com/corruptda?refid=17&_ft_=top_level_post_id.939600046110485%3Atl_objid.939600046110485
My interest is the politically-oriented funding and coaching of Simon, not his content.
Simon is not capable of this legal analysis & organization.
If anything, he is most disorganized imo.
I suspect counsel hired by the centre county comms’ dominant-2,
Staudemeier, GC to this outfit, had a contributory hand, and the org itself a steering hand.
http://pafoic.org/who-we-are/
It will be interesting if Staudemeier remains on the C Cty payroll repping Glantz or Boyde or some such if it can be established by Castor in depo of Simon whether Staudemeir or his GC employer ever gave legal advice to Simon in his Centre Cty FOI requests & appeals. Almost like the Commissioners wanted to put Staudemeier on the payroll to claim atty-client privilege, but Castor can get at it thru Simon.
30 min of frustration trying to find aPA media source advertising Live TV but was not
live (say was a repetitive weather report) to get Kane’s news conf.
Finally succeeded, for 5 sec of Kane, but all of Gansler.
observations:
an empty auditorium. Apparently many reporters opine w/out presence.
however incompetent/unethical Kane may be found, this was a profoundly fine move for PA.
I especially like the prosecution leg of the stool.
This independent special prosecutor is the only way to assure the State of
the integrity of the judiciary & that
state prosecutors are clean.
Gansler’s blonde behind him in charge of cyber needs to be off camera or take Zoloft.
I liked his cost reporter response.
He said Freeh PSU was 8.1 M (I doubt that since 33M in legal+ was recently id’d.)
and an expired indept pros statute allowed 2M over 2 years
and he said his firm would be less.
—
I did think he was not as prepared
for Qs as Castor woukd have been.
211 comments already on pennlive.
Kane is the gift that keeps digitally giving.
lotta criticism Gansler is not PA licensed.
He stated the firm principal is (and a Penn grad), & others are,
and they will associate locally to keep costs down.
I could be wrong but he would just pro hac vice as a special assignment or would this fall to Fed court ? I have to say, Kane has a set the size of Mount Rushmore.
B