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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https://www.nytimes.com/2017/03/24/us/graham-panier-jerry-sandusky-penn-state.html?smprod=nytcore-iphone&smid=nytcore-iphone-share
A jury convicted Graham Spanier of child endangerment and acquitted him on two other counts related to the Jerry Sandusky child-molesting scandal.
one presumes negotiated sentences in exchange for Spanier testimony
http://www.cnn.com/2017/03/13/us/penn-state-officials-plead-guilty-in-sandusky-cover-up/index.html
@JJ imo Sloane was then unstable.
However even the unstable can be truthful sources.
btw if he “informed” you unsolicited, imo he also wrote
others.
@jJ/PA, wrt “The implication is that Gricar talked to
somebody (plural) at PSU in 1998 about Sandusky
getting “help with the problem.”
Smart thinking. I do wonder what I’d do
in Gricar’s shoes, JS had not yet retired, so
calling the psu pres or ad or coach was far more
dicey and up front than calling the Second Mike Dir or more likely politically
its head of Board. In RG’s shoes, I’d have called 2nd Mile only as calling
Univ would have fatally ended his career.
I suspect 2nd Mile met a
JS who was help resistant, so a 2nd Board member
alerted JPa to retire him in 99.
btw the 2nd Mile Dir & wife exec have gotten off entirely when imo
they were psychologist experts they said and were paid for,
and imo most culpable to supervise happenings to kids in their care.
political prosecutions, and nonprosecutions, imo.
url above
“Mr. Schultz and Mr. Curley, who pleaded guilty last week to one misdemeanor charge each, testified for the prosecution.”
you think?
Spanier charged with a felony,
jury
reduced to a misdemeanor.
imo State initially overcharged.
As was proper,imo.
This was a man concerned with liability, not a standard of care or reporting requirement. My hat is off to the prosecutors on this one. If I hear one more person try to leverage the argument that just because SaNdusky was in the shower naked with a child it was not necessarily sexual I am going to throw something at that person. How about the fact that victims would have been spared had THEY acted? Lastly, I still feel strongly The 2nd mile got a very undeserved pass here.
I would offer that at the time the understanding and emphasis on pedophilia among le and health/lsw/psych was very different than it is today (obvs).
I do wonder if that sole report reached Gricar’s desk .
Definitely
interesting interview of Spanier’s jury foreman.
foolish his atty mounted zero defense.
—
ot
Freeh and Rendell offer their cloaks of respectability in exchange for “filthy lucre.”
https://www.google.com/amp/s/www.bloomberg.com/amp/news/articles/2017-03-30/fbi-agents-visit-office-of-saipan-casino-run-by-trump-protege
@ Rose The state usually does overcharge.
Sloane knew about it, because of the “two children’s parents.” As far as we know, nobody told TSM in 1998.
JJ How is Parks Miller doing wrt election?
and when will Kane ever see prison?
@ Rose. SPM has a challenger that got the FOP endorsement. I think it will be hard, even though she did exceptionally well last time.
Kane has appealed, but Judge Demchick-Alloy wrote one of the best written briefs I’ve ever read arguing against it.
Cantorna & associates recently beg in their social media for Repubs to re-register as Dems to vote in the primary. imo Cantorna was a Repub who did the same knowing he could not win against her in the fall general election and had to knock her out in the primary. Imo this has been a strategy run by those 2 Councilmember Repubs–Engel and clown 2 whose name I mercifully forget. The good ladies of the Centre Cty Dem party have been asleep at the switch.
who at penn state knew what and when wasa central Q of Sandusky.
And now there’s a second bite at the apple re systems analysis.
http://onwardstate.com/2017/05/10/stacy-parks-miller-on-today-show-its-going-to-be-surprising-who-knew-what/
It is early, but it is looking like a a blowout victory for Cantonrna, at least on the Democratic side. Write-ins areanyone’s guesst
I’ll use my correct e-mail icon.
Too bad for the frat cases. Back to
the days of ARBs or whatever
its called as pleas.
His grandstanding accusations
two years ago won the day (as did his
endorsements by County Dem Fem leadership).
Turns out 3 of 4 police jurs did not endorse him.
So glad they got something and I hope it sends a message to others in their positions that they are accountable to children.
3 Ex-Penn St officials get jail terms in Sandusky abuse case
Ex-president Graham Spanier, 68, got a sentence of 4 to 12 months, with the first two to be spent in jail and the rest under house arrest.
Former university athletic director Tim Curley, 63, received a sentence of 7 to 23 months, with three in jail. Former vice president Gary Schultz, 67, was sentenced to 6 to 23 months, with two months behind bars.
The judge also criticized the actions of the late head football coach, Joe Paterno, who like the other administrators failed to alert child-welfare authorities or police to the 2001 complaint, but was never charged with a crime.
http://www.msn.com/en-us/news/crime/3-ex-penn-st-officials-get-jail-terms-in-sandusky-abuse-case/ar-BBBNTAc?li=BBnbcA1
Does the Plea of 3 mean this case is done, finally?
I think it does in the criminal sense Rose, yes. They all got jail time (albeit minimal) and as I understand it the Judge also stated publicly Paterno had enough knowledge to act. Look at McQueary’s verdict and awards and PSU’s reaction to them (once again). A jury of the people demonstrated the inequity of the PSU “position” liability and the outcome to the one person who took steps to act and paid for it dearly. Spanier was convicted, he did not plea.
I do not believe the fallout from Sandusky et al will be “over” for a very long time. I will never believe we really “know” the extent of the crimes and criminals involved in the criminal predatory sexual abuse against children at the hand of, or in the fringe of Sandusky and The Second Mile.
B
@Rose, Spanier, at least, can appeal.
There are also civil suits, Spanier vs. Freeh and the Paterno 3 (the estate, Jay, and Kenney) against the NCAA. Both of those got weaker Friday.
In a related case, Kane and her minion Reese are appealing their conviction/jail time.
And finally, Sandusky is appealing his conviction.
There was also a federal investigation in which Paterno was listed as one of the “persons of interest” prior to his death.
I too think Sandusky and the 3 are just the scape goats. Also, there should have been similar charges against the couple that ran the Second Mile like there was against the 3. The Second Mile not only escaped prosecution and fines and penalties (Penn State paid/lost something like 1/4 billion), but Second Mile just changed name and state. I know there in Texas, merged with Arrow..? something, anyone remember?
Not understanding why Raykovitz didn’t face similar charges a the 3. In fact he dropped the ball twice, and I’m not talking about to the board, but with LE. He should have been held to a higher standard, IMO, than the 3, because he was professionally directly involved with the welfare of young children.
snip>
But its longtime CEO, Jack Raykovitz, came under fire for failing to inform the charity’s board about 2001 and 2008 abuse allegations against the retired coach. Infuriated board members told the AP in December that had they been kept in the loop, they could have taken steps to better protect children a decade ago
http://www.espn.com/college-football/story/_/id/7970999/jerry-sandusky-founded-charity-second-mile-seeks-ok-shutter-transfer-programs
I literally have no idea how Raykovitz ever got a pass, and continues to work with children in any capacity. Whether he had knowledge or not, and it appears even its own board members believe he did, this all happened on his watch.
B
Pacino will play Joe Paterno, the winningest coach in college football history who becomes embroiled in the sexual abuse scandal surrounding his longtime assistant coach, Jerry Sandusky. The scandal challenges his legacy and forces him to face questions of institutional failure on behalf of the victims.
http://www.msn.com/en-us/movies/news/al-pacino-to-play-joe-paterno-in-jerry-sandusky-sex-scandal-movie-at-hbo/ar-BBC682m?li=BBnb2gh
Of course he will.
B
“Not understanding why Raykovitz didn’t face similar charges a the 3″
An entirely political prosecution. 1 or more powerful Board members, esp tgen Gov, wanted to change Presidents and to change athletics mgmt. & probably payback for hx perceived slights. thus a wholly PSU centric prosecution.
@JJPA So where does Miller’s departure
leave her Gricar enterprise?
i forgot lunsford was apoplectic in public about Raykovitz’ silence to Board.
http://www.deseretnews.com/article/700208402/Former-2nd-Mile-board-members-We-needed-to-know.html
maybe such public statements led to his being driven from office.
@JJ PA re https://www.google.com/amp/amp.pennlive.com/v1/articles/20365487/a_new_voice_former_second_mile.amp
great fact mastey. I have one question: who was Raykovitz’ criminal defense attorney representing and advising him during his March 2017 testimony?
@Rose. Raykovitz was never informed of the 1998 investigation and was only told that Sandusky and a child were in the shower together in 2001. He MAY have have been told by Curley that it had been investigated.
Both Raykovitz and Curley said that the report did not involve any physical contact. Curley claimed that McQueary did not indicate that there was any physical contact, though both Schultz and McQueary insist McQueary did. Curley could be lying, but I don’t have any reason that Curley would want to protect Raykovitz, or vice versa.
There was no paper trail between Raykovitz and Curley.
I really don’t know if Raykovitz had an attorney.
As for the Gricar case, it was turned over to the PSP in the Fall of 2013, though the announcement was not until 2014.
At least some members of the TSM Board knew when Sandusky left that there was an investigation. I think that the board chair, Hiem, was told about the 2001 incident at the time, but he only found out from Raykovitz.
Spanier is appealing.
Of course he is. Thanks, J.J.
B
Raykovitz testimony in Spanier case. Would it include his attorney of record?
https://www.dropbox.com/s/cy7qms3dn6wvchb/Raykovitz%20Transcript.pdf?dl=0
In the Paterno suit their is talk of a settlement and Sollers withdrew as their attorney.
http://co.centre.pa.us/centreco/media/upload/PATERNO VS NCAA PRAECIPE FOR WITHDRAWAL OF APPEARANCES OF COUNSEL.pdf
5 unanswered questions…
http://www.pennlive.com/news/2017/06/will_we_ever_know_the_truth_un.html
Since this is a quiet (at least for now) thread, I’m going to come off as a bragging parent when I say that my son is graduating with a business degree from UW and going on to his masters (not too bad for my dyslexic never giver upper), but I bring it up because here in WA we are are going thru the Evergreen College scandal which is contributing to some of our kids having essentially worthless (ie non-employable) degrees, which is a shame that a handful are ruining it for so many. My son stated he would be so discouraged if that were his school and even has some reservations about his degree and the perception future employers might have due to the current political positions his administrators have taken.
This has given me perspective on the Penn State alum and the tarnish they must feel they have on their cherished degrees and why they fight so hard to at least place part of the blame of the Sandusky scandal on TSM, as it should be. In the wake of PSU’s Piazza tragedy, will they ever recover and it is not fair to the hard working students who sacrificed time and money for a better future.
How is it that our universities and colleges have become unchecked sovereign nations and that degrees which were once a source of pride are now a source of shame. I am saddened by the perspective my son and his friends have about the results of their efforts, their uncertainty about their reputations being connected to an institution which potentially (hasn’t happened yet, but who knows) may not be a future source of pride for them and their disappointment in the community leaders who have no answers and are sometimes the source of the problems.
They did their part, and now they just want good jobs. These young educated adults aren’t all snowflakes, they are some of the most brilliant and energetic people I know, and while I will sit proud on graduation day of their accomplishments knowing the world will be in good hands, I just hope they will, too.
Blink, No response necessary, just thanks for the forum.
1. Mondo and Uber congratulations to your son and his parents. He should be an entry in Malcolm’s book.
2. I am a PSU alum- I went on to add an undergrad degree elsewhere and as a disclosure item- I don’t list it on my resume and to be honest, in any areas where I had to submit my resume. I once had a heated phone conversation with either Schultz or Curley re my Adv Algebra credits many years ago (pre scandal) I dont remember which. That said, this is my issue, I know some proffs that are outstanding educators within and I can tell you that they are mortified with the BOT and PSU as a whole over this whole mess. Tenure can be golden handcuffs I am told.
3. Many innocent victims who never asked for the stink to stay with them- just horrible for any parent (like myself) and student who is counting on their GPA and degrees to qualify them in the workplace. What is PSU doing to address this?
4. Thank you for posting.
B
what a blessing SPM still runs the office
http://radio.wpsu.org/post/preliminary-hearing-begins-death-timothy-piazza
parents of vic will see some justice beforecantorna comes in and settles for pleas with meager penalties.
http://www.centredaily.com/sports/college/penn-state-university/psu-football/article156337594.html
“Instead, the final product is a retro look reminiscent of several decades.
John Cappelletti wore No. 22 on his helmet for his Heisman Trophy-winning 1973 campaign. The then-undefeated Nittany Lions rocked white cleats when they faced Alabama in the 1979 Sugar Bowl. Penn State had a white shoulder trim when it won national titles in 1982 and 1986.
And the whitewash is still being liberally applied.
Sigh. Apparently, yes.
B
ot imo there is no way it will work out for these ladies in Mo Cty.
https://www.nytimes.com/2017/06/17/arts/television/bill-cosby-trial-day-11.html?smprod=nytcore-iphone&smid=nytcore-iphone-share
I have little use for Steele versus Castor. The problems boil down to 1) majority male jury but judge precluded questioning for bias (had they been accused by hx of similar behaviors?), 2) overcharging, 3) having an oily looking white guy try it and deliver closing (Steele). Should’ve had a female ADA like SPM.
I practice in this jurisdiction, have no involvement in the Cosby prosecution for either side, but we all have mutual associates and/or colleagues that may be. So let me say as a removed but general comment that McMonagle may be one of the best litigators to address a jury in a criminal matter I have ever seen. We are all quite familiar with high profile cases that end up (seemingly) being decided by almost everything other than the actual merits of the case.
This happened in this Cosby 1.0. It will be very interesting to learn what took place in the deliberations, which we will definitely learn next week when jurors willing to speak on the record for in-kind or monetary compensation spill the beans. Personally, I am slightly surprised that Cosby did not opt for a bench trial in this case. I know why they did not, but it was the bigger gamble, imo.
B
He oughta hire SPM to retry when she’s out of a job this fall.
great post erose
likely Castor made the right call.
lost some voters to Steele.
o/t: I think it is incredibly difficult to try a high profile case and think the court is going to act “business as usual”. Sequestration of juries is a big fail, imo. Imo, the US has the best system of justice in the world- but it is definitely imperfect. Add to that the inequities of your everyday prosecutor v the best criminal defense few can afford.
Bill Cosby is a sexual predator, imo
B
IMO wrt Cosby, the explanation some jurors had for not guilty was the acceptance of tickets by the victim after the assault. I think the prosecutors for sexual assault cases need to learn how to educate the juror on the complicated dynamics in relationships people have with their perpetrator. I just wanted to use the word attacker, but did Cosby literally attack or did he in the worst way take advantage.
I completely agree with this- and in this particular case I do not understand why Steele did not offer an expert on PTSD or other similar condition that might be present here which would explain the delay in reporting, as well as the potential for confusion of dates when dealing with an assault that involved a drug ( that part is not in dispute). I suspect that was not pursued so as not to “open up” acknowledgement of the excluded prior bad act evidence but I don’t know. As I said earlier, for me it is critical to understand what the deliberation yielded in terms of what could not be agreed on and for what reasons.
There are so many types of rape, and yes rape is rape, but the expectation of a criminal rape charge that a jury is going to convict on is going to have to meet the standard of beyond a reasonable doubt. Fair or not, any continued relationship between the victim and defendant is going to work against the plaintiff and, or victim. To be clear, I am not defending the perpetrators I am stating that there is a burden of proof.
Well stated and absolutely true. Those with some legal training or education already know this- but the basis for statute of a rape charge evolution was one of a property crime- not a crime of “person”. The issue of “consent” as jurors may apply it is without question a very complicated legal concept I believe can put jurors in the position as acting as “experts” which is the antithesis of what jurors are supposed to be- in some cases, asking them to perform in that vain is unconstitutional to both them and the defendant.
Sandusky committed a crime that by all outward appearances didn’t look like a crime, his actions lead up to a crime, and even after the actual crime, the victims continued relationships with him, like Cosby. It is the non-violent, “persuading-ly charming” sexual assaults that seem the hardest to convict, where the victim is confused and feeling guilty and boundaries are not established, usually there is no DNA, no immediate report to LE that are going to be troublesome for a jury.
This is part of the psycopathy of the offender- his “MO” if you will- in many cases to avoid detection “he” creates an environment of dependency or an “improved quality of life” to silence the abuse. In my view, because children are so incredibly vulnerable and emotionally immature (so as not to assess their victimization properly) I hold crimes against children as the worst of the worst when perpetrated by an adult. In some jurisdictions statute does define persons of a public trust- and in my view in his capacity within The Second Mile he was definitely that.
Our Seattle mayor is experiencing accusations that has ruined his second term run for office, and now the victim is withdrawing the complaint until such time that he is psychologically stronger for trial. Thin line between protecting victims and ruining/jailing innocent people, and no easy answers.
I am only peripherally aware of this through news blurbs, etc, but I want to briefly address the issue of false reporting (in most cases to affect an agenda of some kind). I have recently seen a case where a female admitted she falsely accused a man of a sexual assault and retracted her complaint- she is facing charges now for the false reporting. False reporting of any kind is and should be actionable, period. It places a pretty heavy burden on those tasked with intake of such claims and their resources, but circling back to Horman as an example here- it can wreck lives and the lives of those associated with innocent people- and those rights are also constitutionally protected.
If this sounds trite it is not meant to- the best advice I can offer anyone is to NOT put themselves in any set of circumstances where there is ANY potential for such an allegation. Obvs I am referring to adults who can reasonably expect the possibility.
Thanks Rose, So great to have this place to express.
Thanks to all of you for allowing and participating in some important “off topic” dialog I could not actually cover here.
B
http://fox43.com/2017/06/22/auditor-generals-review-of-penn-state-says-progress-has-been-made-but-theres-still-work-to-do/
“In the post-Sandusky era, it would be expected that Penn State would be hyper-vigilant about completing all required background checks. Apparently that is not the case,” DePasquale said. “That is not acceptable. The error rate should be zero.”
Boggles the mind. Not sure if this is relative in any way- but there is a HB pending in Phila county which would make it illegal to ask applicants about their criminal history in many employer scenarios.
B
The Paternos withdrew their suit, with prejudice against the NCAA. There was no settlement.
Thank you for posting this update J.J.
I am interested in your take on this development if you don’t mind sharing.
For me, this reminds me of a plaintiff action to avoid a defense motion for summary judgement or cross complaint (with prejudice).
B
http://www.pennlive.com/news/2017/06/paterno_estate_ends_suit_again.html#incart_river_home_pop
The Washington Post: In Penn State hazing death case, spotlight turns to frat adviser deemed ‘captain of the ship’ https://www.washingtonpost.com/news/grade-point/wp/2017/08/12/in-penn-state-hazing-death-case-spotlight-turns-to-frat-adviser-deemed-captain-of-the-ship/
PSU is up to old protective tricks of Bream. imo everyone there needs a manslaughter conviction.
Woukd’ve taken only one good egg to save him. Glad Miller is still on this one.
@blink. i suspect a quid pro quo for a job
for his son on an ncaa team somewhere.
sigh.
B
unsurprising psu campus police wait 2 days to get
footage, allowing deletion
http://radio.wpsu.org/post/police-say-security-footage-deleted-penn-state-fraternity-pledge-death
oye.
You know I like Parks Miller, but she needs a makeover. Maybe she chose biz casual day for the press conf, but nobody I know appears in court in open toe shoes and nonformal court attire like pseudo suit separates. Before anyone calls me petty, lol, you know any legal professionals who appear in court or frequently work in the court setting know exactly what I mean. She is the chief law enforcement agent in her county and she should look the part. We ladies should be able to provide each other constructive criticism- lots of female DA’s taking hits these days.
I don’t know what security system they had, but it certainly tells me someone attempted to destroy evidence- not a good idea. That said, if the FBI is working on it and “it won’t take long” is the response, I have my doubts it can be restored.
B
Sorry this is so late; I had a hard drive problem.
@Blink. My take is multi-fold.
1. The argument that the NCAA violated its rules was gone. The NCAA’s board has the authority, under its Constitution, had the authority to start action to suspend or expel PSU from the NCAA. Emmert, under oath, said that they were considering that. It is in this filing of 1/15/15:
http://co.centre.pa.us/centreco/media/upload/PATERNO%20VS%20NCAA%20MOTION%20TO%20OVERRULE%20DEFENDANT%20NCAAS%20OBJECTIONS%20TO%20ISSUANCE%20OF%20SUBPOENAS.pdf
The NCAA convention, which would have met in January (2012), would have the ability. That would have, at the very least, crippled recruiting in ALL sports for 2013, even if the NCAA convention decided to do nothing.
So, in short, the NCAA did not do its worst, and the “bad” decision of Erickson suddenly looks a lot better.
So, that aspect had been largely abandoned.
[There is a 14 page description of the suspension/termination process on line if you'd like a link.]
2. Jay Paterno and Bill Kenney’s federal suit was tossed, which didn’t bode well for that aspect of the suit.
3. The allegations going back to the 1970′s Paterno had reports that Sandusky molested children. While some, at least, seem weak, there are others that might be stronger. The NCAA could argue that their statements were accurate, which gives them a strong defense. Further, Curley testified that he told Paterno in 1998.
I’ll also add that there is a complaint filed against Stacey Parks Miller with attorney disciplinary board.
Was that the county defense bar or an individual?
Thanks for your other response as well JJ
B
@Blink, neither, the changes were made from the Disciplinary Counsel, Anthony Czuchinicki.
The issues are ex parte contact, via text, with Judges Lunsford and Grine (the younger), and creating a false Facebook account.
One of the defendants whose cases was where this supposedly happened is represented by Cantorni.
At least one on the text exchanges included copying the defense attorney, so I’d have a hard time saying it is improper.
That’s right, thank you. I presumed that issue before the bar this long had been resolved. I am going to have to respectfully disagree with you re contact with the DA outside of counsel of any kind re “a matter” no matter how trivial it may be perceived by some. ( I seem to remember something about a defense to it intimating it was a scheduling matter, however, no Judge I know ever keeps his own calendar/docket- their clerks do and most of these calendaring issues are in response to or coordinated by court orders anyway). Whether or not it rises to a finding as a R&R breach in PA is for the board to decide, but I have seen disciplinary counsels (indiv State bars) of late more active than I have ever seen in response to the inequity (real or perceived) in disciplinary matters across the aisle, so to speak. At the end of the day, all lawyers are subject to the same rules and therefore enforcement of same.
B
The CDT has the complaint, but the print is so small I can’t read it. I can’t enlarge it either.