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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As I’ve indicated, in one case SPM sent the message to Lunsford and copied the defense attorney. Lunsford sent a message back to her, but didn’t copy the defense. I have a problem blaming SPM for something Lunsford failed to do.
There are a number of broad exceptions to the rule. Since I don’t have a list of what is alleged, I can’t really tell if the would be a violation or not. The rules are here: http://www.pacode.com/secure/data/207/chapter33/s2.9.html
Agreed on that text specifically, however, a finding by the disciplinary committee can exclude one allegation or example and still find an Atty acted improperly on others.
On Friday it looks like philly.com states Parks Miller already admitted to impropriety in one allegation, they just disagree on an appropriate sanction.
http://www.philly.com/philly/news/pennsylvania/stacy-miller-penn-state-prosecutor-misconduct-claims-20170818.html
On the fake facebook account- approaching unrepresented persons under a false name. I would have to see the actual facts but if she was directly behind that, and it was not a legitimate and LE “managed” investigative activity to conform to their standards of acquiring admissible evidence- she’s in trouble. I have seen Federal agencies both fined and parties awarded several hundred thousand dollars for creating fake social media accounts under various investigative circumstances.
B
@Blink, I have still not seen the the complaint, so I don’t know the specific charges; I am aware that there can be specifications under each charge. A number may not qualify as ex parte communications; since I don’t know which have merit and which don’t.
There is a difference between doing something that is actionable, that she could be sued for, and something unethical. I’m sure you know that.
I am not certain that anything from Facebook was ever used in evidence, so I don’t know if that is applicable.
There may be some problems with the evidence. It came from that search by the Bellefonte Police Department in the things relating false forgery. At a time the case had been turned over to OAG, and it was publicly known. That could be a problem.
A less distinguished jurist is hard to find. juvies on probation in Clearfield… http://judges.pa.law.com/profile/Centre_County_District_Court/Allen_Sinclair/Allen_Sinclair-124.xml
Why did Miller do the Prelim of a complex criminal case before a magesterial bench sitted?
Because she is trying to use this case to reverse her bad PR. She should ask Kane how that worked out.
B
and why one covering boroughs
other than state college?
Blink, Is the first complaint the one Gricar investigated?
Report: Joe Paterno May Have Known of Earlier Sandusky Abuse Claim
https://www.si.com/college-football/2017/09/09/joe-paterno-penn-state-football-jerry-sandusky-abuse
I am going to have to look up old notes on that one erose- if my memory serves it was circa 1998, however, I do not recall any specific mention of JoePa in any of that file.
B
Is there any other known incidents besides the one in 1998?
I think that is a matter of rumor v fact, unfortunately. For me, I will never believe such a legacy of profound chronic sexual predation only raised 2 documented flags until Sandusky was indicted- just like I will NEVER, EVER believe Mrs. Sandusky had no clue “Jer” was raping children in her basement. I can’t prove that either, but I have interviewed sources that agree with me on both counts.
B
@JJinPA. whatever became of Parks Miller’s reinvestigation into Gricar’s disappearance?
apparently Ganin is back for CNN,
claiming Paterno told mcquery he’d
heard of 1 other incident. bet that
riles up the mizzus as he claimed under
oath he had not. She’ll say: Consider the source.
Speaking of sources, soulds like her story is
slmething Ganin could not double source.
Any indication Sandusky consorted
with mob members ever in the late 90s?
wonder if David Freed will hire SPMiller in his new office?
looking back, SPM can’t ethically try a case before Grine,
Kistler or Ruest, or likely Gillette, so what’s left for
the mulridefendant felony case but a magisterial schmuck?
she needs to call in a special judge from outside the County anyway
http://www.statecollege.com/news/local-news/penn-state-initiates-lawsuit-against-second-mile-raykovitz,1473619/ leading from http://www.statecollege.com/news/local-news/penn-state-seeks-claim-against-second-mile,1468517/
Since TSM sold off it’s assets, where will the money come from if PSU is successful?
It’s my understanding that approximately $9million (remaining) was turned over to the AG, and it looks like proper notice was given so it has to be held (in trust?) somewhere? I don’t know what the specific language says in the contract between TSM and PSU, but it appears there is a standard indemnification- unless PSU has cause for suing Raykovitz as an individual (meaning they allege he acted outside his defined scope or negligently, recklessly, criminally, etc) his personal assets would be off limits. As you know, I have long held the belief that TSM (et al) and its knowledge (and those in positions of power and interface)either “had suspicions of Sandusky predatory criminal acts” or they were negligent in protecting the kids in their charge from them- if PSU was smart they would (if this is not truly the motivation) they would spin this as the only real way they can effectively and transparently investigate “what happened on their watch” so they could avoid it reoccurring and provide answers to those who were kept in the dark in the first place.
B
@erose, I think that what Paterno was referring to, according to McQueary, was the 1998 incident. That one was the one that Gricar was involved with.
This is sort of old news. There were a set of e-mails between Curley and Schultz were Curley was asking Schultz the status of the case, because the “coach” wanted to know. When Curley testified, he said, yes, he was relying that information to Paterno. This isn’t mew information.
There are incidents from the 1970′s onward, where the victims indicated that they told Paterno. They are from the civil suits and the details have been released.
One person told his foster parents. The supposedly called Paterno and some other staff member, and he read the kid the riot act. Victim thought it was Paterno’s voice, and he was called “Joe.”
I am very skeptical that it was Paterno, or that the it wasn’t something the foster parents worked out with Paterno, because they didn’t believe the boy.
@Rose, in fairness, that is what most district judges background are. You don’t need a degree; you have to take a course and pass a test that the state does. Sinclair actually has a better resume that more than a few DJ’s that I’ve known.
Procedure is that the case goes to a DJ first. It has nothing to do with anyone being recused.
The Gricar investigation was turned over to the PSP in November or early December 2013, but the announcement wasn’t made until the spring of 2014. I think it is in their cold case file.
@Blink, I doubt that the reason she charged was political. The death was in February, so it couldn’t go into a long range political plan. It took a lot of time away from campaigning. Further, her electorate is in Centre County, so getting national attention would be much help.
I’ll say two things:
1. SPM overcharged, like most DA’s do. They expect a few to be dismissed.
2. I looked at the definition of manslaughter in PA, which requires the death to be caused by acting, “in a reckless or grossly negligent manner.” There is, in my non legal opinion, a prima facei case for manslaughter, based on the evidence, and that it should go to trial. I will note that involuntary manslaughter is a misdemeanor.
@Blink, I am not sure what you are asking, but Curley testified that he kept Paterno informed in 1998 and that he was referring to Paterno in those e-mails.
have there been re-charges?
fwiw https://www.theatlantic.com/magazine/archive/2017/11/a-death-at-penn-state/540657/
who convened this GJ?
https://www.google.com/amp/www.philly.com/philly/education/grand-jury-report-on-psu-frat-life-to-be-released-20171215.html%3famphtml=y
If Parks Miller, kudos. Too bad a good ol boy without criminal trial
experience succeeds shortly. .
Ruest’s Revenge: http://www.collegian.psu.edu/news/crime_courts/article_098633be-db91-11e7-9ef4-d3df7f9aaa76.html
Now I’m suspicious Brother Bernie filed for office after Tim’s death. In any case his campaign must have been championed by 18 Ds & parents’ social networks, their 18 attornies’ law firms, Penn State interests & countless local Centre Cty frat alums.
Ruest and the email responses again, lol. At least it was not text.
B
Tim killed feb 2 2017. Bro Bernie announced 11/29/16.
isn’t this something? http://onwardstate.com/2017/11/21/parks-miller-on-cantorna-conflict-of-interest-statement-i-am-disappointed-but-wholly-unsurprised/
Imo after the CCty DA began exploring criminal charges broadly, the Penn State, Greek alum/donors,
18+ frat members in question andtheir relative and attorney social networks, went into high
gear to elect the hapless Bernie, who apparently “consulted” with one of the 18 Ds or their attorney to ensure he could off load (he thought) this complex demanding case. What a lotus-eater. Really weird for a D to “consult” a DA to be who’s only tried 1 criminal case and lost it big time.
Ya know Rose- this is prolly a much longer conversation- the only thing I will say with certainty as someone who works in the legal field (as I have said before) I would not work in that jurisdiction for any Atty for any reason- it is the very embodiment of a hot mess. I am not sure I can effectively articulate how big a sword PSU (generally, not just BOT)swings in the area and and I fear the Sandusky nightmare just caused a bigger and longer “forge” in the background.
Part of me feels Parks Miller KNEW if she prosecuted the Piazza case in this way it would be her undoing, the other part thinks that is what I like about her- her moxy. As far as the civil aspect for Piazza’s parents- I have absolutely no doubt that they will prevail with their case at the helm of Kline Specter-
In my view, as a general comment, Miller jumped the gun on charges before the video evidence could be restored. Nobody ever wants to admit it, but there is a definite art of strategy in “risky” prosecutions and what she should have done was take the video evidence (when restored) and found the weakest link, grant immunity or offer a plea to break the chain. Prosecution 101. I wonder where she is going to land? if that has structured her thinking at all..
I know the jurisdiction pretty well, and if I were a betting person, I would bet Cantorna sought a memo (an opinion from the ethics Bar) and they advised him to recuse. Now, that does not mean that his intention was not to try to hand the case off to the AG anyway, to Miller’s point one would have zero idea why any criminal def attorney running for office would knowingly meet with named defendants, but even if he had- she is right it does not rise to the proof needed to recuse due to conflict that I am aware of. That said, an opinion from the bar (and I have to say I would like to see any citations they provided as I am not aware of anything recent) is all he needs to recuse HIMSELF, but typically an AG will assign a prosecutor from a different county, not pick up the case, unless the pool extends to Phila county, and that would now run into the second hot mess jurisdiction (Seth Williams).
B
o/t: LOL at Lotus eater
soon the piblic will read all those texts. Shades of Peter and Lisa.
https://www.google.com/amp/s/articles.pennlive.com/news/2017/11/embattled_da_loses_bid_to_prev.amp
They should. Ex parte is improper, period. It’s not excusable by any party in an active case, imo.
In some of the allegations it appears to reflect a prosecution centric Judge- that can’t happen. Prosecutors are part of an adverserial system of law they are not monarchs or individually sovereign. They are rightfully subject to checks and balances and one more thing here…. The ultimate right here goes to a criminal defendant wrt the presumption of innocence and due process. Keeping in mind here- these communications may have been hand picked out of the record by Lunsford (now retired) or some other record item in reference (as I recall). I will say again- I have never seen a Judge act like this in any jurisdiction I have worked in. I obviously have seen questionable prosecutorial conduct that rose to misconduct, but all of those instances (personal cases I am/was involved in) end up on the record of the matter, period. I am precluded from discussing them, but some days, omg, would I ever love to.
One fat common denominator every time… hubris. Egregious hubris.
B
former member & Chair of Mty Cty Brd of Comms
https://en.m.wikipedia.org/wiki/Josh_Shapiro
with Tim’s parents’ enthusiasm, likely he’s warming a job slot up for Miller
https://www.google.com/amp/amp.centredaily.com/news/local/crime/article185809263.html
you’ve seen Castor’s latest? In my opinion
the Cosby accuser is receiving
opportunistic & bad legal advice all around.
I left you a lengthy detailed response to this yesterday am (it ate it, sorry) but in order to avoid disclosures I will give you my opinion “generally”. Mr. Castor spoke publicly about the case to include his unwillingness to file charges, another candidate did not agree. Ms. Constrand did not design Steele’s campaign- but even if by some means its framework was built around the potential for a criminal case against Cosby- this comes down to two DA’s disagreeing as to whether or not a case can be tried to verdict. Simply put its a juror decision, which distills to constituents. The people spoke and nobody has a right to put “no man asunder” and all that. I wonder how much this has to do with wanting the publicity Mesereau will generate. Given the climate of Hollywood and sexually inappropriate and criminal behavior, I doubt Cosby ends up his most famous client. I am a fan of Cantor as an attorney and I actually did not disagree with his assessment of Constrand’s case- HOWEVER, I do believe it is the obligation of the DA to seek the ends of justice in due process. The potential for losing a case does not support a victims rights, either.
B
https://www.google.com/amp/amp.centredaily.com/news/local/article191665114.html
she comments on ARDs like Lee’s. Amazing how many child sex abuse cases in the County.
I can’t help myself that I like her, lol. Say what one will, she has moxy and in particular in that jurisdiction to be a woman and rise to the level of “change” that she did is commendable, imo. Did she blur some of those prosecutorial lines we talk about on occasion (which by now may have some calling me a hypocrite)? I would say she did- and she is paying for that with the demise of her tenure. The article has one error I saw- Chris Lee’s record was NOT erased, in fact, he tried that and it did not work. That said, pointing out Madeira’s failure and the fact that he struck an ARD deal with a pedophile who reoffended in a jurisdiction with that level of similar offenses and victims simply has to be (at least in part) one of the reasons he does not practice law any longer. When will the psych and corrections community catch up with the research, empirical and case data? There is no known treatment or therapy for criminal pedophilia, nor has there ever been, and the public deserves to be protected from that known threat first, every time.
I have a dear friend who lived in that jurisdiction and ran into Christopher Lee occasionally with their young child- I was told he literally “radiated” what a disgusting deviant he was- and get this, this was BEFORE his prior offenses were known and BEFORE his re offense. I mention this people because as I have always said- PLEASE listen to your satellites at all times and without exception. They will protect you if you let them, I promise. Teach your children.
B
I think she used the interview to deliberately fire the ARD shot across the bow of Cantorna. Imo with his lack of DA practice he’s poised to become the new ARD king. Imo for his fav Jolene, whose conviction for murder kicked off his determination for vengance on SPM, he would’ve filed lessor charges, & taken an ARD. Offloading the PennState frat to the State, when she’d asked him not to announce he was doing so yet, was directly bcz her prosecutors were well versed and steeped in the case, and it’s a political land mine for a State AG so it’ll be wrapped up with pleas quickly. Imo back to sweeping things under the rug in Centre Cty.
busy girl. nice touch. https://www.google.com/amp/amp.centredaily.com/news/local/crime/article192113004.html
now one knows why Cantorna ran & some local police supported him. nothing like self interest. here’s a prosecution he’ll have to recuse self from. likely not new PD behavior. wonder who leaked any of Gricar’s cases to defense attys, thus their clients, back when. She figured out where there’s smoke (a defense atty w/o any criminal experience, well one case) there’s fire, and she went on a hunt.
Re-reading. Kessinger with a drug problem was hired in 2006,
& Gricar disappeared in 2005. However the retired man who
accessed and leaked info probably worked in 2005.
http://onwardstate.com/2017/12/28/stacy-parks-millers-last-hurrah-da-schedules-press-conference-hours-before-successor-to-be-sworn-in/
apparently he becomes DA on Jan 8, so why the 9 am 12/29 “swearing in.”?
Bernie’s going to mentor and save those young men charged with crimes. Ruest stands closest to him, with a pleased gaze. https://www.google.com/amp/amp.centredaily.com/news/local/article192111449.html
and Ruest swore him in. nice touch. bet her doc memory was better than she’d affirm. http://www.statecollege.com/news/local-news/cantorna-judges-sworn-in-to-office,1474971/
http://www.wearecentralpa.com/news/one-da-celebrates-while-the-other-has-harsh-words-for-successor/891681795
This Grand Jury was convened in 2015. Paralegal Shutt would have known about it’s existance & subject matter when she was fired and hired by Cantorna. Shubin was the police leaks recipient, and the coaccuser with Shutt & Cantorna in public Commissioner session. The police officer in question had not yet retired. https://www.leagle.com/decision/infdco20160512c08
One wonders what skin Ruesthad in the game. Shubin’s is apparent.
self correction. shutt was employed by masorti
it was the fired ADA who was employed by Shubin in 2015:
http://www.statecollege.com/news/local-news/efforts-to-stop-district-attorney-from-trying-cases-fall-short,1463724/
So Gricar did work directly with Kessinger, the drug-dependent drug
evidence thief & Shubin stoolie, & allegedly corrupt Ferron
when they were on the State College force in 2000. http://www.collegian.psu.edu/archives/article_96c158f3-e60d-5b0a-a8c8-78f621d2e096.html wondering if that drug runner Gricar charged was arrested in State College?
ot interesting read.
http://www.post-gazette.com/news/state/2017/12/29/Former-State-College-police-officers-leak-confidential-information-on-vulnerable-cases-grand-jury-says-stacy-parks-miller-centre-county/stories/201712290182
So Kistler is the presiding GJ judge of this case, so would be for Piazza too?
& he gets himself arrested for DUI. Now retired.
ot
the most prolific and continuously virulent antiSPM commenter in every relevant press article
from the git go is a paralegal of Stover McGlaughlin. I attributed her ire perhaps to being from Boalsburg & of a certain age susceptible to Lee. But looking at what defense atty (& thus his clients & their connections) one of the alleged tipster police might have leaked to just before Gricar’s disapoearance, I see Verbal Lee was represented at trial and on appeal by her employer McGlaughlin, who lost badly.
iirc Shutt was another Boalsburg resident tho.
ot the investigating GJ convened in 2015 which resulted in charges against 2 of 3 corrupt local police (former) officers addressed “one unsolved murder” and recent cases with uncertain scope. https://www.google.com/amp/amp.centredaily.com/news/article42923037.html
that suggests some nexus between the unsolved murder
and police alleged informants about pending case details
to criminal defense attorneys.
“unsolved disappearance cases”
http://www.wearecentralpa.com/news/centre-county-da-wants-county-investigating-grand-jury/186909269
a 2014 disappearance with Kessinger’s name on it
https://m.facebook.com/missingjennifercahillshadle/posts/326608057498365
ot quite a bruce castor letter
https://m.facebook.com/stacyparksmiller/
Yes, it is. I find myself “routing” for Ms. Parks Miller on many levels and in part of my thinking I am not even sure why, to be honest. I still say it would have been in her best interests over at least the last year to escalate the Gricar case, but maybe she had enough cans with enough worms on the ground as it was. If Castor’s letter is true, and I have no reason to doubt it is, what a sad testament to the practice of law (on the prosecution side) to think professionals develop hate for colleagues they could learn from. I will choose to be in an environment with as many smarter/prettier/educated people than me, that can fit at one time, every time. The prospect of being the smartest person in a room holds no interest for me – I will learn nothing. I suppose I would feel bad for the others in that room as well, lol.
B
http://centrecountypa.gov/index.aspx?NID=368
a Not so smart DA has hired his coconspirator from the get-go, McGraw.
Wonder which attorneys he’s already terminated
and are no longer listed on the website? I assumed Smith would
be pressured go asap as he has 33+ yrs in.
a McGaw review
https://www.google.com/amp/amp.centredaily.com/news/local/crime/article42909360.html
https://www.google.com/amp/amp.centredaily.com/news/local/crime/article42915951.html
iirc he’s one Miller hired, then fired http://www.statecollegelaw.com/sean-mcgraw/
I was wondering the same thing. Wonder if he will hire Arnold. (jk)
Interesting to me Smith never ran.
B
to continue, hires of J Bower – a line level public defender, office Lycoming; Bernier is from McGlaughlin’s firm — wonder if she’s bring the firm paralegal E Black along with her? https://www.avvo.com/attorneys/16801-pa-amanda-bernier-4650247.html imo a fox is managing the henhouse. Wonder if McGlaughlin is a Glantz/Exarchos buddy?
no wonder SPM said he’d have to recuse from prosecuting the 2 former LE feeding trial case info to defense lawyers. While Shubin was named he was one of several, & McGraw would’ve cultivated State College LE relationships while employed in 2010-13 by the DA.
Bet one of Bernie’s first steps is to disband the GJ—or have McGraw conduct it.
imo SPM’s trouble with the very Republican Exarchos and his allies was not that she was female but that she was a Dem. McGlaughlin ran as a republican for CC Judge in 11/17 – so he & Repub Bernie were on the ticket together. https://ballotpedia.org/Ronald_McGlaughlin He was nominated to the Repb Central Comm in 2015.
Do you wonder at all why I flatly refuse to work in that jurisdiction whatsoever? I am told by several colleagues that it is pretty common rn. I would add that the lead counsel in Rassier (pro hac vice) is a Mechanicsburg, PA attorney.
B
Buried in this Aug 15 article is SPM stating under oath she and her entire office found McGraw & Shubin his cocounsel in this matter untrustworthy & were wary of them. In front of J Kistler, also the GJ judge wrt LE leaks about cases, charged but not yet tried, to several defense attys to include Shubin which GJ testimony began in 2015. http://www.centredaily.com/news/article42924882.html
Sandusky’s trial date was 2012 before this alleged behavior was kniwn, which included Shubin’s contracting out witness intimidation. Would Shubin’s alleged behavior to subvert trials be grounds for retrial bcz it could have been relevant to the veracity of the victims iirc he represented. Did he rep any vics who testified?
Mark Smith probably didn’t want to disappear.
Maybe he’s a Dem making chances of retaining the job unlikely.
Shubin repped 4 testifying (?) Sandusky vics. http://www.statecollegelaw.com/sexual-abuse-victims/
After the 2 LE are convicted (maybe one will plead out to get to Shubin & McGraw), perhaps Jerry will finally find grounds for retrial. Will have to put those 4 vics on to question their “coaching” by Shubin.
Any lawyer who hired a fired officer
to go to the home & neighbor of a rape
vic to intimidate prior to trial should be disbarred.
One supposes SPM did not prosecute bcz she was still
investigating the scope of the coconspirators actions
withthe GJ.
If those facts are accurate, I agree with you. I presume the “defense” of the act is that Kessinger was an investigator for the defense team. As one that works in that capacity on occasion, I am subject to the exact same rules of the PA Bar as my supervising counsel- I want to know the exact framework and facts from both sides, it may be an ethical issue but not a criminal one. Why would the defense have access to a victim outside of the prosecutors office/victim advocate in the first place? How did it not rise to obstruction or witness tampering? Lots of questions with no answers I am clear on here.
B
A happy New Year to everyone.
Cantorna announced well before Piazza’s death. The death was an event that happened within the campaign.
I am troubled that Cantorna asked to be removed, but did not disclose the conflict of interest. Even something like representing some party in the case, including Piazza or the family, in prior civil matters would be a legitimate conflict of interest.
Kistler, I think, was the judge overseeing the grand jury, because he was president judge at the time.
I just read about the Kessinger situation. CENTRAL PENNSYLVANIA GOTHIC!
this is the case where charges, trial & outcome so incensed Cantorna that he went after SPM tooth & nail on anything to discredit her. https://www.google.com/amp/amp.centredaily.com/news/local/crime/article193149329.html
Allegedly he was quite emp involved w/Jalene. Interesting who took over. Clearly one of Bernie’s most trusted associates tho out of County & not amongst the LE tippees. iirc he pained himself Mr Righteous online.
an apparent bond
Cumberland Valley Youth Rugby Association
Eastern Pennsylvania Rugby Referees Society
http://abomkutulakis.com/lawyers/john_abom.php