How Could You? Hall of Shame Part Two-Jerry Sandusky UPDATED

Part One and eleven updates can be found here.

Update 12: December 7 Evening

(1) The Second Mile announces it will reduce staff to preserve programs [The Patriot News 12/7/11]
“Here is the full statement from The Second Mile:

“In the wake of the tragic events that have come to light over the last several weeks, The Second Mile has lost significant financial support. Therefore, The Second Mile will implement a reduction in staff to put the organization in a better position to preserve programs. Earlier today, some Second Mile employees received notice that their employment will end over the next several months in an orderly phase-out.

“We at The Second Mile are saddened by the need to make these cutbacks; however, our foremost concerns reside with the victims of the horrific abuse reported by the Attorney General and with the children we serve. We continue to seek preservation of key programs that the staff and volunteers at The Second Mile worked tirelessly to create. Scheduled programs will continue as planned.

“In the meantime, The Second Mile is continuing to cooperate fully with the Attorney General’s investigation and will adhere to its legal responsibilities throughout this process.”

(2)Alleged Jerry Sandusky victim says his cries for help from the Sandusky basement went unanswered [The Patriot-News 12/7/11]

The new, revolting presentment of Victim 9 and 10 in a 5-page pdf here.

“Sandusky, charged last month with sexually assaulting eight boys, was arrested today and charged with assaulting two more. He was taken in handcuffs from his home today.

Victim 9, now an 18-year-old male, met Sandusky through his childhood participation in The Second Mile charity program from 2004-08. He told the grand jury he met Sandusky while participating in a pool activity as part of a Second Mile camp. Sandusky founded the children’s charities in 1977; the attorney general says that’s how he met all of his alleged victims.

Victim 9 testified to a pattern of sexual assaults by Sandusky over a period of years. Many of the assaults occurred in the basement bedroom of Sandusky’s home, he said. The victim testified that Sandusky performed oral sex on him numerous times. Sandusky also tried to rape him on at least 16 occasions and at times did penetrate him, he testified.

Victim 9 also testified that Sandusky would take him to a hotel in the State College area where Sandusky had him perform oral sex during some of the visits.

“Sandusky frequently told him that he loved and cared for him,” the presentment reads. “He also told the victim to keep these things a secret,” the presentment reads.

Victim 9 contacted state police following the public disclosure of Sandusky’s arrest in November. ”

(3) More specifics on December 7 arrest Jerry Sandusky Arrested on New Sex Abuse Charges [ABC 12/7/11 by Colleen Curry]

“Sandusky was handcuffed and taken out of his home by state police and brought to an arraignment before a judge in Centre County, Pa., for the new charges, which include assaulting two boys involved in his Second Mile charity.

Sandusky was taken to Centre County Correctional Facility for processing while his attorney, Joe Amendola, worked to post his bail. Bail was set at $250,000, cash, although the prosecutor had asked for $1 million. If bail is posted, Sandusky is not permitted to step onto Penn State property and will be monitored electronically.

Amendola told ABC News that he had no knowledge of the charges ahead of the arrest.

“I’m very disappointed that I didn’t even get a courtesy call that new charges had been filed. I had to find out from the media,” Amendola said.

Sandusky, wearing Penn State pants at the time of his arrest, requested that the arraignment not begin until Amendola arrived at the courthouse, according to ABC affiliate WPVI.

Amendola greeted Sandusky in the courtroom by saying, “Told you. We had this discussion. Some day you will listen to me,” to which Sandusky smiled, according to WPVI.

n court, Amendola asked for lower bail, arguing that his client was not a flight risk, and that he’d been subjected to heavy media coverage and confined to his home.

The new alleged victims came forward in the wake of the earlier allegations against Sandusky, including 40 counts of child molestation, for which he was charged on Nov. 5.

According to the state attorney general, both men met Sandusky through the Second Mile charity, were plied with trips to football games, and were abused by him in Sandusky’s home.

The man, now 19 and identified as Victim 9, met Sandusky at a Second Mile swimming event when the boy was 11 or 12, according to new information in the grand jury presentment. Sandusky asked for his phone number, which he then used to ask the boy’s mother if he could spend more time with the boy, and then proceeded to pick the boy up from school and take him to Sandusky’s home for sleepovers.

At the Sandusky home, the boy said he was forced to stay in the basement at all times, and was even brought his meals there by Sandusky and told not to leave. He testified that he had little contact with Dottie Sandusky, Jerry’s wife, and that she never came to the basement. Sandusky allegedly sexually assaulted the boy in the basement bedroom numerous times, including forcible rape. On one occasion, the boy screamed for help, hoping Dottie Sandusky would hear him from upstairs, but she did not come downstairs, he said.

The man testified that Sandusky would also take him to a hotel in State College and assault the boy in the pool and jacuzzi there.

The other victim identified in the new allegations, now in his mid-20s, says Sandusky met him through the Second Mile when he was 10 and invited him to his home for a Penn State football game. Sandusky then started a pattern of abuse that included wrestling with the boy and then pulling his pants off and performing oral sex on him, according to the testimony.

The man said that Sandusky also groped him in the campus swimming pool before playfully throwing him above water.

Sandusky also allegedly requested oral sex from the boy on multiple occasions, including one time in a vehicle while the two were driving somewhere. The boy refused, and terminated his relationship with Sandusky.

The new charges include involuntary deviate sexual intercourse, unlawful contact with a minor, indecent assault, endangering the welfare of children, and corruption of minors.

The new charges will be included in an already-scheduled preliminary hearing on Tuesday.”

WVPI reports that “Jerry Sandusky’s attorney says he will be working throughout the night to get his client out of jail on $250,000 bail. ”

“Sandusky is charged with four counts of involuntary deviate sexual intercourse and two counts of unlawful contact with a minor, all first-degree felonies which are each punishable by up to 20 years in prison and $25,000 fines.

Additionally, he is charged with one count of indecent assault and two counts of endangering the welfare of children, all third-degree felonies which are each punishable by up to seven years in prison and $15,000 fines.

Sandusky is also charged with one count of indecent assault and two counts of corruption of minors, all first-degree misdemeanors each punishable by up to five years in prison and $10,000 fines.

“Jerry’s scratching his head saying ‘what’s next?’ I said, ‘Don’t ask that question.’ Don’t ask ‘can it get worse’ because it can and we just have to be prepared for whatever comes down the road,” Amendola said.

Once Sandusky posts bail, he will be placed on house arrest wearing a home electronic monitor bracelet.

Officials say he is to have no contact with victims or witnesses and no unsupervised visits or contact with minors. ”

The New York Times  is reporting “Wearing a Penn State windbreaker, Sandusky, 67, was taken to the Centre County Correctional Facility in Bellefonte, Pa., after his arraignment, because he was unable to pay the $250,000 cash bail.”

(4) Experts: Jerry Sandusky’s defense will question credibility of new alleged victims [The Patriot-News 12/7 11 by Jeff Frantz]

“Since several of the other alleged victims are discussing civil suits — and one has already been filed — the experts said Amendola will likely portray Victim 9 and Victim 10 as out for cash.

“If I represent Sandusky, that’s going to be part of my cross-examination on these two allegations,” Costopoulos said, “particularly if they’ve hooked up with civil lawyers.”

But that won’t be an issue at Sandusky’s preliminary hearing Tuesday.

In Pennsylvania, witness credibility is not an issue at preliminary hearings, said Chris Mallios, a staff attorney at Aequitas, a prosecutors’ resource center for violence against women.

Still, Mallios said, Sandusky’s attorney will want to get as much of the alleged victims testimony on the record as the judge will allow, in hopes of using it against the witnesses at trial. That’s where the harsh interrogation will come.

“That type of attack on credibility is a no-brainer,” Mallios said. “When you have a defendant who’s prestigious or wealthy, you always say (the victim) wants money.

“(But) the truth is the truth, and the truth will come out. When victims talk about their experiences, details that only they could have known … the truth comes out at trial.”

In many cases, victims might not have told police of abuse at the time, Mallios said, but they will have told a friend, sibling or partner. If that happened in this case, prosecutors could call those people as witnesses to bolster the alleged victims testimony.

Even though theses new charges come less than a week before Tuesday’s preliminary hearing, Costopolous said both sides will likely proceed unless more charges are added.

If prosecutors trust their case, he said, they will want to move it forward. The defense has little to gain by delaying. ”

Update 13: December 8

(1)UPDATE: Sandusky makes bail, released from jail [WHPTV 12/8/11 by Associated Press]
“Jerry Sandusky has posted $250,000 bail after spending a night in jail following new child sex abuse charges filed against him.

Court records Thursday morning show Sandusky posted bail using $200,000 in real estate holdings and a $50,000 certified check provided by wife Dorothy. It was not immediately clear whether he
had been released.

Under the terms of his release, Sandusky will be confined to his home, subject to electronic monitoring and forbidden from having any contact with any witnesses or victims in the attorney general investigation.”

(2)Dottie doesn’t stop with giving cash. She now defends Jerry in the media in Sandusky’s wife calls accusations ‘absolutely untrue’ [CNN 12/8/11 by Jason Caroll]

“Jerry Sandusky’s wife, Dottie, told CNN that she is angry about accusations of child sexual abuse occurring in her home, calling them “absolutely untrue.”

“No child who ever visited our home was ever forced to stay in our basement and fed there,” she said. “We would never do anything to hurt them.”

Her husband faces more than 50 charges surrounding a child sex abuse scandal that allegedly spanned more than 15 years.

“We don’t know why these young men have made these false accusations, but we want everyone to know they are untrue,” she added.

An alleged victim testified that he made overnight visits to Sandusky’s home as a boy and stayed in a basement bedroom. While there, he described a pattern of sexual assaults over a period of several years, according to the grand jury report.

“The victim testified that on at least one occasion he screamed for help, knowing that Sandusky’s wife was upstairs, but no one ever came to help him,” the report states.

Responding to the allegations, Dottie Sandusky said she was “shocked and dismayed” by the alleged victim’s testimony, calling his accusations false.

“I continue to believe in Jerry’s innocence and all the good things he has done,” she added.

The former defensive coordinator posted $250,000 bail and left jail on Thursday, one day after he was arrested on 12 new counts of abuse involving two new alleged victims, raising the total number of victims to 10.

Sandusky was then driven in a three-vehicle motorcade from the jail to his State College, Pennsylvania, home.”

“The lawyer for a 29-year-old man who is suing the school, Sandusky and Second Mile criticized Dottie Sandusky’s statement.

“It really is a sad, clear demonstration of how sick she is because of how sick he is,” said Jeff Anderson, who represents an accuser identified as “John Doe A.” The Sanduskys both “in their own way deny what we all know to be and what has been revealed daily.”

Anderson’s client was not cited in the initial grand jury report. The plaintiff, who Anderson said was 10 years old when he first met Sandusky, alleged the former coach sexually abused him dozens of times over several years during the 1990s, the lawyer said.

“The idea that 11 men (10 from grand jury reports plus ‘John Doe A’) who have nothing to do with each other have fabricated this many stories of abuse is beyond rational,” said Anderson’s co-counsel, Marci Hamilton. “Victims rarely make up being sexually assaulted and abused.”

“John Doe A” is cooperating with authorities, his lawyers said.

Sandusky, who maintains his innocence, will face a preliminary hearing at 8:30 a.m. Tuesday, where his alleged victims are set to testify. It is expected to be the first time the former coach will face them in court.”

Update 14: December 13

(1)Mike McQueary has 3 different accounts of the 2002 incident according to The Patriot-News [12/11/11 by Sara Ganim]

Account 1: “Minutes after Mike McQueary says he stumbled upon something between Jerry Sandusky and a boy in a Penn State shower in 2002, he went to his father’s State College home seeking advice.
There, Dr. Jonathan Dranov, a family friend and colleague of McQueary’s father, sat with the then 28-year-old graduate assistant and listened to his very first account of what he had seen, a source told The Patriot-News.

” According to the source with knowledge of Dranov’s testimony before the grand jury, it went like this: McQueary heard “sex sounds” and the shower running, and a young boy stuck his head around the corner of the shower stall, peering at McQueary as an adult arm reached around his waist and pulled him back out of view.

Seconds later, Sandusky left the shower in a towel.”[ANOTHER person heard the story that night?!?ugh!]

Account 2: in reference to November 16th article Mike McQueary’s statement to police doesn’t say he stopped attack or notified police about Sandusky allegations  in The Patriot-News by Sara Ganim:

“Penn State assistant football coach Mike McQueary never mentioned that he talked to police in 2002 after witnessing an alleged sexual assault by Jerry Sandusky of a young boy, according to a hand-written statement McQueary gave to police during the recent grand jury investigation.

The Patriot-News has viewed a copy of the statement and verified it through a source close to the investigation.

In it, McQueary states that he witnessed a boy, about 10, being sodomized in a shower and hurried out of the locker room. He does not mention stopping the assault, and does not mention talking to any police officers in the following days, the statement says.

The whole incident, the statement says, lasted about a minute, and McQueary wrote that he would not recognize the boy if he saw him today.

McQueary does say in the police statement that he talked to his father, to Joe Paterno, and to Athletic Director Tim Curley and Vice President Gary Schultz.”

Account 3: “It’s also different than the summary of his grand jury testimony in the 23-page initial grand jury presentment.

In both of those accounts, McQueary says he witnessed Sandusky sodomizing a boy as he stood with his hands against a shower wall.

McQueary says the pair turned and looked at him before he left.

However, Dranov told grand jurors that he asked McQueary three times if he saw anything sexual, and three times McQueary said no, according to the source.

Because of that response, the source says, Dranov told McQueary that he should talk to his boss, head football coach Joe Paterno, rather than police.

The next day Paterno and McQueary talked, and Paterno’s response to the conversation was widely scrutinized when the grand jury presentment was made public in November.

Paterno said graphic detail, such as rape, was never mentioned to him. But public outcry led to his firing five days after Sandusky was charged.

But more importantly than public opinion, Mike McQueary’s story is a key element to all the criminal cases involved in the Sandusky scandal.

His witness testimony was the only evidence of an assault in 2002 presented to grand jurors, and his detailed account is the reason that perjury charges were filed against two ousted Penn State officials. Both said they were told only about horseplay that made McQueary uncomfortable, while McQueary testified he told them explicit details about a rape.

Repeated attempts to reach McQueary over the past month for comment have been unsuccessful.”

(2) Jerry Sandusky waives hearing, says he still plans to fight sex assault charges [The Patriot-News 12/13/11]

“Jerry Sandusky waived his preliminary hearing this morning on child sexual assault charges, meaning there will be no testimony today and the case will proceed to Common Pleas court.

The hearing began at 8:30 a.m., and Sandusky, 67, waived immediately. He said in a press conference afterward that he intends to fight the charges, but today wasn’t the day to do so. There has been no talk of a plea agreement, his lawyer said.”

Arraignment in January 11, 2012.

Reactions
“Ken Suggs, an attorney for Victim 6, called Sandusky a coward for waiving. He said he believes Sandusky waited until the last minute to waive to see if accusers were going to show up and was afraid that they would be believed.
Victim One was ready to testify, his lawyer said, but wasn’t at the courthouse because he’d expected the waiver. Attorney Slade McLaughlin said, “I have a hard time believing this decision was made at 8:30” this morning. McLaughlin said, “My gut feeling is we’ll have a plea deal.”

At a preliminary hearing, a judge decides if prosecutors have enough evidence to send the case to trial. Defense lawyers sometimes waive preliminary hearings to avoid more negative publicity.”

(3) Sandusky’s lawyer addresses media after waiving preliminary hearing. Jerry Sandusky’s lawyer says hearing waiver was ‘tactical’ move, criticizes witness Mike McQueary [The Patriot News 12/13/11] “Lawyer Joe Amendola, addressing the media this morning outside the Centre County Courthouse, said he believes that Penn State assistant coach and grand jury witness Mike McQueary is the “centerpiece” of the prosecution’s case. McQueary testified that he saw Sandusky in a Penn State shower raping a child in 2002, but that story has differed. Sandusky says he has showered with children, but never in a sexual way.

“Having realized McQueary’s credibility was already in grave issue, we decided it made more sense to waive this hearing, work on defense,” he said. “… If we destroy McQueary’s credibility, then we put the credibility of all others involved into question.”

Sandusky has been charged with 50 counts related to the alleged sexual abuse of 10 boys, including one in the 2002 shower. He maintains his innocence.

Amendola said that accusers are after money. “Many of alleged victims already have civil attorneys. “What greater motivation could there be to say ‘I’m a victim’ than money?” he said.

He said he thinks more accusers could come forward. “How do you decipher credibility when there could be a payday? The Commonwealth has a big job to do,” he said.”

“The senior deputy attorney general said prosecutors had 11 witnesses on standby and were surprised by the waiver. “I would imagine (McQueary) would have testified,” he said. McQueary testified before a grand jury that he saw Sandusky rape a child in a Penn State bathroom, although McQueary’s story has differed.”

“Amendola said he expects trial in late summer or fall 2012.”

Update 15: December 20

(1)Attorney: Sandusky might have been teaching kids hygiene [USA Today 12/15/11 by Nicole Auerbach]. One of the new attorneys put forth this much-ridiculed possible scenario “”Some of these kids don’t have basic hygiene skills,” attorney Karl Rominger, who recently joined Sandusky’s defense team, told Harrisburg’s abc27 News Tuesday. “Teaching a person to shower at the age of 12 or 14 sounds strange to some people, but people who work with troubled youth will tell you there are a lot of juvenile delinquents and people who are dependent who have to be taught basic life skills, like how to put soap on their body.”

He then had to issue a statement afterwards: “Rominger released a statement Thursday, suggesting his comments were taken out of context.
Rominger’s statement:

When answering why a person might be in a shower with a youth, I proposed one hypothetical, such as an adult leading by example and encouraging a youth with bad or poor hygiene to shower regularly.
Some commentators have argued that I am saying that Mr. Sandusky showered with youths and touched them inappropriately for the purpose of teaching them how to shower. That is not what I said.
First, there’s no evidence of inappropriate touching in a shower, except for discredited statements from the grand jury presentment. Further, Jerry has maintained his innocence and denies any sexual touching or inappropriate touching in the shower.
Therefore, I would like to clarify that I am not suggesting that this is what happened in this case, but was answering questions about possible motivations an individual might have for an adult to shower with a juvenile.”

(2) On Friday December 16, the judge ordered trials for Tim Curley and Gary Schultz, two PSU officials on charges of lying to a grand jury about an allegation of child sex abuse against Sandusky.

Judge Orders Trial for 2 Penn State Officials [NBC Philadelphia 12/16/11 by MaryClaire Dale and Mark Scolforo]

“Prosecutors have probable cause to move forward with the cases against Tim Curley and Gary Schultz, District Judge William C. Wenner concluded after hearing testimony in a Pennsylvania courtroom.

(3) McQueary testifies to what he saw and what he told coach Paterno. Penn State’s McQueary Tells Court What He Saw [New York Times 12/16/11 by Peter Durante]

““I described it was extremely sexual and that some kind of intercourse was going on,” the assistant coach, Mike McQueary, testified of the suspected assault by Sandusky, a longtime top assistant to Paterno. “There’s no question in my mind that I conveyed to them that I saw Jerry in the showers, and that it was severe sexual acts, and that it was wrong and over the line.”

McQueary testified at a hearing at the Dauphin County Courthouse for two senior Penn State officials who have been charged with failing to report McQueary’s account to the authorities and later lying under oath.”

“In his testimony, McQueary described his meeting with Paterno the morning after he said he had witnessed Sandusky assaulting the boy in the showers of the university’s football facility. McQueary said he sat at Paterno’s kitchen table and told him what he had seen Sandusky — Paterno’s assistant for 32 years and an immensely popular figure on campus in State College, Pa. — doing to a naked boy.

Paterno, he said, “slumped back in his chair.” “He said: ‘Well, I’m sorry you had to see that. It’s terrible. I need to think and tell some people about what you saw, and I’ll let you know what we’ll do next.’ ”

Paterno has said that he reported McQueary’s account to the two Penn State officials who have been charged in the case — Tim Curley, the university’s athletic director, and Gary Schultz, the university official whose duties included overseeing the campus police.

It was Paterno’s failure to act more aggressively — he never spoke with law enforcement, and it is unclear whether he ever sought to learn what Curley and Schultz had done with the information — that cost him his job last month. Paterno was fired after 61 years at Penn State and weeks after he set the record for the most victories by a major college football coach.

McQueary testified that he spared no details about what he saw when he later met with Curley and Schultz. He said the men told him that they would investigate, and they called him days later to tell him that they had ordered Sandusky not to bring children onto the university campus. McQueary was also told that the children’s charity founded by Sandusky was informed of the episode. ”

(4) New Sandusky lawyer was not allowed into Friday’s hearing New Sandusky lawyer refused entrance to Friday’s hearing [Centre Daily 12/17/11] ” One of Jerry Sandusky’s lawyers said he wasn’t allowed in the courtroom to hear testimony at Friday’s preliminary hearing for Tim Curley and Gary Schultz. Karl Rominger told The Associated Press that the decision was “a little unfair” even though the judge had the right to bar him. Rominger apparently didn’t participate in the advance process for requesting assigned seats. Rominger said he wasn’t asking to bump anyone else from the courtroom and was also prohibited from sitting in an overflow room. Joe Amendola, the attorney for Sandusky, said he couldn’t comment on the testimony of prosecutors’ witnesses until he can review the transcript, which will be posted to the Dauphin County website in a few days. “In the meantime, we are continuing with the preparation of a vigorous defense on Jerry’s defense,” Amendola wrote in an email.  ”

(5) Though rumors have swirled about changing the Sandusky trial location to Harrisburg, there has been no motion filed to move it there yet. No motion filed to move location of Sandusky trial [Centre Daily 12/19/11]

“[T]he defense or prosecution [must] file a motion for a change of venue, according to the Centre County Court of Common Pleas.No such motion had been filed Monday afternoon. Dauphin County is where former Penn State administrators Tim Curley and Gary Schultz are slated to stand trial on perjury and failure to report abuse charges.McKean County Senior Judge John M. Cleland has been appointed to preside in Centre County over the trial of Sandusky, who is charged with 52 counts alleging he sexually abused 10 boys over a 15-year period. Sandusky’s attorney, Joseph Amendola, said last week he doesn’t plan to seek a change of venue.  ”

(6) Former Sandusky charity board members: We needed to know [Chicago Tribune 12/19/11]    Placing blame on Raykovitz…

“Not one thing was said to us,” said Bradley P. Lunsford, a Centre County judge who served on the Second Mile board between 2001 and 2005. “Not a damn thing.”

If more information had been given to board members, they “would have asked the follow-up question: Why? You don’t know? Who knows? Who can we talk to? Has this been reported to the police?” Lunsford said. “I guarantee you there would have been a competition among all those people to be the first to ask the question, ‘Why is he not allowed on campus?”‘

Lunsford and four other former board members at The Second Mile point the finger at Jack Raykovitz, a close friend of Sandusky’s who ran the charity until resigning following the former coach’s Nov. 5 arrest.

A former prosecutor, Lunsford said Raykovitz had an obligation to tell the board. “There are a number of people around that table who have been involved with children’s charities for years and there’s a very good chance that if given accurate information about what the allegation was, there’s a lot of people around that table who could have done something about it.”

One of Raykovitz’s vice presidents said Raykovitz also shared little information with his managers about a 2008 sexual abuse complaint that led to the current criminal charges against Sandusky.

And the head of Clinton County’s child welfare agency, where the 2008 investigation began, said he told Raykovitz’s wife in November 2008 that Sandusky had been spoken to about getting “too close” to children involved with the charity. Gerald Rosamilia said Raykovitz’s wife, Katherine Genovese, who helped run The Second Mile, did not define what was meant by “too close” or give a timeframe.

Raykovitz defended himself in a telephone interview, saying he acted appropriately at all times. “There have always been steps in place to protect kids,” he said.”

Curley and Raykovitz

“Asked what Curley told him, Raykovitz cited a Nov. 6 Second Mile statement that referred only to inappropriate conduct: “At no time was The Second Mile made aware of the very serious allegations contained in the Grand Jury report.”

The statement also said Curley, who has been placed on leave, told Raykovitz the shower incident “had been internally reviewed and that there was no finding of wrongdoing.”

But Lunsford said the charity’s board couldn’t take action in 2002 that might have prevented other assaults of children “if there’s a cover-up from the source.”

Even if Raykovitz had only limited information, he still should have acted more aggressively in 2002 when contacted by Curley and should have viewed Curley’s ban on Sandusky bringing Second Mile kids to campus as “a red flag,” Lunsford said.

As the person in charge, Raykovitz was legally required to provide the board all available information whether he believed it was true or suspected it was false, Lunsford said.

“We still need to know. That’s our job,” he added. “By not telling us, it essentially rendered us ineffective and we had no chance to help those children.” ”

Update 16: December 30

(1) Detective Who Investigated Jerry Sandusky In 1998 Says “There Was Enough Evidence” To Press Charges [Deadspin 12/20/11 by Dom Cosentino]

“Schreffler has worked for the U.S. Department of Homeland Security since 2006, but he spent 33 years with Penn State’s university police. Thirteen years ago, he was working as a detective for the campus cops when a woman came forward with a complaint that Jerry Sandusky had showered with her son, a boy now known to the world as Victim 6, thanks to the original grand jury presentment. That complaint resulted in a nearly 100-page police report and allegedly an admission from Sandusky to the woman that he had acted inappropriately—an admission that was made with Schreffler and a detective from the State College police listening in, unknown to Sandusky.

But Ray Gricar, the then-Centre County District Attorney who has been missing since 2005 and who has been declared legally dead, declined to press charges. Not even Schreffler knows for sure why, according to a recent interview he gave to the Pittsburgh Post-Gazette. “At the very minimum,” Schreffler told the paper, “there was enough evidence for some charges.”

Schreffler said he arranged both conversations the mother had with Sandusky at the woman’s house. He and another detective were in another room not far away and could hear what was said. From the Post-Gazette:

During the second conversation, however, Mr. Sandusky’s response changed, Mr. Schreffler said.
“I’ll never forget this. He said ‘I would ask for your forgiveness, but I know you won’t give it to me. I wish I were dead.'”
Mr. Sandusky also told the woman, “‘I understand I was wrong,'” Mr. Schreffler recounted.
“Hearing him make that comment, I just felt there was more there. He was upbeat when he came in, and she started hammering him. I often wonder what he would have done if I’d stepped out from around the corner.
“It’s something we’ll never know.”

The grand jury presentment does say that Sandusky grabbed the boy by the waist in the shower and bear-hugged him. It also says Sandusky lathered him up and washed his back, and that he picked the boy up and put him under the showerhead to rise his hair. Joe Amendola, Sandusky’s attorney, seized upon this to tell the Post-Gazette that “no sexual misconduct” had occurred. Amendola also pointed out that Sandusky had apologized and denied Sandusky said he wished he were dead. Amendola even repeated a claim he made earlier to the Patriot-News of Harrisburg about Victim 6 having dined last summer with Sandusky and Sandusky’s wife, Dottie. Amendola also said Sandusky had sponsored a mission trip to Mexico for the boy after the 1998 allegation was made.

The Post-Gazette also interviewed Jerry Lauro, an investigator with the Pennsylvania Department of Public Welfare. Lauro, too, said he did not believe the 1998 case involved abuse, saying it “didn’t meet the criteria,” which is why he didn’t pursue the allegation further. Schreffler told the paper he believed the lack of action by Public Welfare was why Gricar decided not to prosecute. And, like so many other people, Schreffler can’t help but wonder about that decision now.”

(2) Jerry Sandusky’s Adopted Son Was Once Arrested For Repeatedly Calling Someone An “Ass-Licker”  [Deadspin 12/20/11 by Luke O’Brien] [Complaint available at link]

Jerry Sandusky has six adopted children. One of them is Matt. He’s a Second Mile kid who burned down a barn as a teenager and attempted suicide as a foster child in the Sandusky home in 1995. Plenty has been reported about Matt’s unstable behavior, which includes several stalking and harassment incidents. Matt first found himself in criminal court in 2001, after harassing a former lover of his soon-to-be wife. According to documents located by the Deadspin field unit in a central Pennsylvania courthouse (and posted below), Matt, now 33, would call his rival, say mean things, and hang up. His preferred mean thing to say was, in hindsight, also infelicitous:

[M]ost of the time Victim would be called “ass-licker.”

Matt didn’t limit his harassment to phone calls. On one occasion, arts-and-crafts premeditation was involved:

Both parties spotted each other on E. College Avenue in College Twp Centre County, when Defendants held up a sign that read “ass-licker.” This sign was directed at Victim.

Matt waived his right to a preliminary hearing in the ass-licker case, meaning it advanced from the district court to the court of common pleas, the next level of Pennsylvania jurisprudence. He received “Accelerated Rehabilitative Disposition,” a diversionary program for first-time offenders in Pennsylvania that allows defendants to avoid pleading guilty.

A lot of people, including his biological mother, think Matt may have been abused by Sandusky. The mother sent several concerned letters to children and youth services and a county judge after Matt began living with Sandusky, who adopted her son when he turned 18. Matt’s antics certainly indicate a troubled personality. But no evidence has emerged to support an abuse claim. And Matt himself has denied that any abuse took place.”

(3)UPDATE: Another victim comes forward with a lawsuit against Jerry Sandusky [WHPTV 12/22/11 by Ewa Roman] “We’re learning even more about a civil lawsuit filed by the alleged 12th victim Thursday against Jerry Sandusky, Penn State and The Second Mile. It’s an exclusive story you saw first on CBS 21 News live at 5.

The accuser, who was 12 when Jerry Sandusky allegedly sexually abused him, says that Sandusky gave him whiskey before touching inappropriately. His lawyer says it happened just once, but it scarred him for life.

“Pulled out a bottle, poured a glass of whiskey and told him to drink,” stated Attorney Charles Schmidt.

Attorney Charles Schmidt is talking about what Jerry Sandusky allegedly did to his client before sexually abusing him. Schmidt says this allegedly happened on Penn State’s campus, at Sandusky’s office inside the Lasch building when his client was 12-years-old.

His client’s mother died just a year before this happened and Sandusky would talk to the boy about his problems. The boy was involved in The Second Mile, a charity which helps at risk children. The Second Mile is also a charity that Sandusky built from the ground up and where he preyed on his victims.

“He has told us that while he was at The Second Mile, he was taken by Mr. Sandusky to his office, given alcohol and sexually assaulted,” Schmidt explained.

CBS 21 News obtained court documents which show that potential victim number 12 has filed the first of many steps in a civil lawsuit against Jerry Sandusky, The Second Mile and Penn State University.

The lawsuit was filed in Philadelphia County. Attorney Schmidt wanted to file it ahead of any possible criminal charges before the statute of limitations expired in the case.

This is the second civil lawsuit filed against Sandusky, Penn State and The Second Mile. The first one was filed last month.

Both of those lawsuits are only civil at this point, which means the allegations these two victims, number 11 and 12, are making could turn criminal once the Attorney General’s Office is done investigating.”

(4) Insurer for Sandusky-founded charity asks court to rule against it having to pay for lawsuits [Washington Post 12/23/11 by Associated Press] “An insurance company for a charity founded by Jerry Sandusky argued in a federal complaint Friday that it should not have to pay legal expenses or claims for the former Penn State assistant football coach now accused of molesting children.

Federal Insurance Co. said it would be wrong for the company to have to cover Sandusky because he is accused of conduct that did not involve his position as an executive or employee of The Second Mile, a charity for at-risk youth he founded in 1977.

In addition, “Pennsylvania courts have found that a person who sexually abuses a minor should not expect his insurer to cover his misconduct, particularly where the average insured purchasing insurance would cringe at the very suggestion that he was paying for coverage arising out of sexual abuse of a child,” lawyers for the New Jersey-based company wrote.

Sandusky is charged with sexually abusing 10 boys over more than a decade. He has denied the allegations and is awaiting trial in Centre County after waiving a preliminary hearing earlier this month.

His criminal defense lawyer, Joe Amendola, said Friday he had not seen the complaint, filed in federal court in Williamsport. Amendola said Sandusky was served Wednesday with a lawsuit filed in Philadelphia by one alleged victim and was getting a different lawyer to represent him in civil cases.

“I can say it’s not unexpected that the insurance carrier would attempt to get out from under representing Jerry,” Amendola said.

Dennis Mulvihill, a lawyer for Federal Insurance, referred questions to Mark Greenberg, the company’s chief information officer. Greenberg did not immediately return a message left at his office after hours Friday.

A spokesman for The Second Mile said the matter was between Federal and Sandusky, and declined further comment.

The complaint asks the court to rule that Federal has no obligation to pay Sandusky’s criminal defense costs or to indemnify him for civil or criminal claims related to alleged sexual abuse of children.

“Extending insurance coverage to Sandusky is unlawful because providing insurance coverage for claims arising from sexual assault, molestation, and/or abuse of minors is repugnant to Pennsylvania public policy,” according to the complaint.”

(5) Second Mile youngsters are suffering from Jerry Sandusky scandal [The Patriot News 12/29/11 by Jeff Goldsmith] “Funders have pulled their support, and the organization has told donors to contribute to another charity

As also seemed to be the case with the victims of Sandusky’s alleged abuse, no one appears to be looking out for the best interest of The Second Mile kids.

In the spring of 1989, I served as The Second Mile’s first regional director based out of Harrisburg.
We identified, in a Patriot-News interview, several ambitious goals.

We hoped that the organization’s Harrisburg office would serve as a prototype for additional offices across the commonwealth, allowing for further expansion of services to kids.

We also identified increasing support services to foster families and the addition of a branch of the summer camp program as important goals.

All of these objectives were met and The Second Mile grew from an organization serving about 20,000 kids in 1989 to more than 300,000 in 2010, through direct services and the provision of resources to other youth service professionals.

The Second Mile has lost public confidence, and sadly, it can no longer provide these programs.
But this is not about the survival of one particular entity.

The focus needs to be put back where it belongs — on the needs of the kids.

One counselor, who referred children to The Second Mile’s camp program, expressed mixed emotions.

She felt the program had a positive influence on the young people she referred, but she felt guilty for referring kids to the program knowing now that that some allegedly might have been targeted by Sandusky for abuse.

I asked her if she would continue referring kids if another organization picked up and ran the camp program.

Without hesitation, she said she would do so in a heartbeat.

A group of former Second Mile board members had considered starting up a new organization to try to salvage some of The Second Mile’s services.

Unfortunately, they are burned out from the events of the last several months and, in the words of one former local board member, waiting for the dust to settle.

The reality, though, is that the kids don’t have time for the dust to settle.

If any of these vital services are to be preserved, action has to be taken now.

So, there is no one to take up the reins.

There is no effort to save programs that have made a positive difference in the lives of so many children.

As has been the case from the start of this tragedy, the needs of the children are taking a backseat.
The kids of The Second Mile have become the other victims of this scandal.”

Update 17: January 31, 2012

(1) NBC Correspondent Jay Gray, trying to scoop a story, attended a party thrown by Sandusky’s lawyer and was arrested on a DUI HUFF Po 1/24/12

(2)””Jerry is adamant that the time frame involved was really 2001, and probably, probably in February of 2001,” Amendola said. “We didn’t want to talk about that before the preliminary hearings for (Tim) Curley and for (Gary) Schultz because we wanted to make sure that Mike McQueary was pinned down as to what he was saying as to the time involved in this.”

He said the time frame has been corroborated by other people at Penn State, whom he declined to identify.

Prosecutor Joseph McGettigan said Thursday the issue of the time of the alleged assault was addressed by McQueary’s testimony at the preliminary hearing. McQueary maintained in that testimony that the incident he witnessed occurred in March 2002. McGettigan did not comment further.”

“Sandusky remembers being in the shower with a boy after a workout. The boy was “surfing” around in the showers while the showerheads were running, Amendola said.

McQueary testified that he went to the Lasch Building on a Friday evening around 9 or 9:30 in March 2002, and heard what he thought were sounds associated with sex coming from a locker room shower.

McQueary said he looked into the shower once through a mirror and saw Sandusky with a boy.

“And it appeared that Jerry was directly behind the boy and the boy was up against the wall with hands up against the wall,” McQueary said during his testimony.

McQueary testified he looked directly into the shower two more times: “And it appeared upon looking the second time, I said to myself, they’re in a very sexual-oriented — a very sexual position,” he said.
He said he did not see sexual penetration, but when asked what he thought they were doing, he said “I believed Jerry was sexually molesting him and having some type of intercourse with him.”

“That Sandusky is close to hiring an out-of-the-area attorney to represent him in any civil cases.”

Jerry Sandusky’s attorney says Mike McQueary’s recollection of year is off
[Boston Herald 1/6/12 by Mike Dawson]

(3) Sandusky, as expected waived formal arraignment on January 7, 2012. He remains on $250,000 bail and confined to his house. His next hearing is March 22, 2012 for a pretrial conference at 1 PM.

Sandusky Waives Formal Arraignment
[Centre Daily 1/7/12]

(4) Jerry’s gross book helped find Victims 3, 4, 5 and 7. “The 1998 boy was called Victim 6 by the grand jury. After police found him, the man’s mother told them about Sandusky’s autobiography, which was sitting on the shelves of the Penn State bookstore.

“Victim 6’s mother and sister sat down with police, flipped through the pages of Sandusky’s book, and quickly identified boys who had often attended football games together. That led police to identify four more alleged victims, according to Victim 6’s mother.

Revelations like this only fuel the questions that persist about how Gov. Tom Corbett — who was attorney general at the time — handled the Sandusky case. Three years elapsed between the time the Clinton County boy came forward and the day that Sandusky was charged in November.

Corbett and current State Police Commissioner Frank Noonan have insisted it is flat-out wrong to suggest Corbett wanted the investigation to move slowly during his campaign for governor. Both have said investigators waited to find evidence to corroborate Victim 1’s claims. ”

“The mother of Victim 6 told her story to The Patriot-News because she said she wants to set the record straight about a claim by Sandusky’s attorney, Joe Amendola. The Patriot-News is withholding her name to protect the identity of Victim 6.

After waiving Sandusky’s preliminary hearing in December, as he held a three-hour news conference on the courthouse steps, Amendola claimed that the boys who have alleged crimes against Sandusky in the 1990s all got together and concocted their stories because they envisioned big payouts from lawsuits against Penn State.

Victim 6’s mother is outraged at the charge.

“Amendola’s right; they all knew each other. They went to the football games together,” Victim 6’s mom said. “But to think they all got together? No. They went down [to the grand jury] kicking and screaming. They each thought they were the only ones. My son knew them, and he didn’t know it happened to them, and they didn’t know it happened to my son. It wasn’t something they spoke about.”

Instead of volunteering the information to police, she said most of the boys had to be subpoenaed by a grand jury and forced to testify. It was only when they realized they weren’t the only ones that they began to cooperate, she said.

“Not one of those boys came forward,” she said. “These kids tried not to talk to police. Several times they didn’t call back. And in some cases [the police] had to go and knock on their doors.

[Amendola’s] full of bologna when he says they colluded, because they never knew it happened to anyone else.”
Unpursued case

Victim 6’s mom said police hadn’t yet gone through “Touched: The Jerry Sandusky Story,” when she was interviewed. ”

“Looking at the book jogged the memory of Victim 6’s sister, who told police about one boy who had been in her class in middle school. During lunch one day, she remembered kids talking about Sandusky being a hero. The boy shouted that he “hated his guts,” and ran out, her mother said.

“Did you have to take showers with him, too?” she asked later.

“How did you know?” the boy answered.

“It happened to my brother, too,” she said.

Police told Victim 6’s mother that they had been hearing rumors within law enforcement about the 1998 case that then-prosecutor Ray Gricar decided not to pursue. State police found the file about a year after the investigation started, got her number and called her up.

Gricar is the former Centre County district attorney who went missing in 2005 and was declared dead in July. It isn’t known why Gricar decided not to prosecute.

Around the same time that police were contacting the mother of Victim 6, they also knocked on the door of assistant coach Mike McQueary and asked him if rumors were true that he’d witnessed something in the locker room on campus.

What police determined over the next 12 months would eventually lead to more than 50 counts of sex abuse involving 10 boys. Sandusky waived his preliminary hearing and is free on bail awaiting trial. He has maintained his innocence.

Amendola, Sandusky’s attorney, did not respond to requests for interviews. ”

“Victim 6’s mother said police told her they believed prosecutors could have gone further.

“At one point police told me they’ve had less evidence in murder cases,” she said. “I kept being told, March, April, June, October. … The AG kept asking for more evidence. The police told me they had enough for 400 counts, but the AG wanted only 40. This whole thing just stinks so much more than we all know.”

“Critics have suggested that Corbett, who was the attorney general at the time, slowed down the investigation until his 2010 election was over. ”

“Police, so far, have only filed two additional sets of charges, and sources tell The Patriot-News that prosecutors are not filing charges that don’t fit into the pattern they’ve already established.”

Jerry Sandusky’s Book ‘Touched’ Helped Police Investigation into alleged sex crimes
[The Patriot-News 1/8/12 by Sara Ganim]

(5)”Tuesday, Harrisburg law firm Schmidt Kramer filed a motion to intervene in middle district federal court.

In this CBS 21 News exclusive, they say this is a move not only to protect their client but all potential victims who are filing civil suits against The Second Mile in the Jerry Sandusky child sex scandal.

If this motion is held up, it would mean The Second Mile’s insurer would be held responsible to pay for all damages awarded in any civil suit brought by an accuser of Jerry Sandusky. The attorney filing this intervention says the insurance company needs to stay on the hook.

“I think there’s coverage because of the language and I don’t believe they should be able to get out of the case,” Attorney Chuck Schmidt explained. Schmidt is talking about The Second Mile’s insurance policy with Federal Insurance Company.

In mid-December, Federal Insurance filed a suit in middle district federal court saying they won’t pay for any civil judgments against Jerry Sandusky because what he is accused of didn’t involve his position as an executive with The Second Mile program.

“An insurance policy is like an umbrella that someone sells you when there’s sunshine then they try to take it away when there’s rain,” Schmidt commented.

The Attorney General has accused Sandusky of sexually abusing ten boys he met through The Second Mile. There are two more alleged victims not included in the indictment that are filing civil suits.

Attorney Chuck Schmidt represents one of them. “The purpose of our intervention is to protect the future rights of victims to cover damages in a civil action,” Schmidt continued.

Schmidt says they are filing on behalf of their client but helping the other victims and potentially even more that come forward in the future.

“There is a potential for way more,” Schmidt concluded. “The policy is only for one million but we believe they would be in excess above 1 million.”

EXCLUSIVE: Attorney files motion to force The Second Mile’s insurer to pay for damages
[WHPTV 1/10/12 by Annie McCormick]

(6)On January 11, 2012 Athletic Director Tim Curley, charged with perjury “and failure to report in connection with the Jerry Sandusky case, has lung cancer, the Harrisburg Patriot-News reported Wednesday. Cancer that forced doctors to remove part of one lung in 2010 has returned, Curley’s wife and attorney told the newspaper.  ”

CBS Sports 1/11/12

(7) “Informal discovery — which is evidence prosecutors must turn over to the defense in preparation of trial — must be handed over by Jan. 16, the order states.”

“Any request from either side for moving the trial from Centre County to another location, or a request to bring jurors in from another county, must be filed by Feb. 1, the order states.

Any other pre-trial requests have to be filed by March 1, and argument in court about those pre-trial issues will be heard at 9 a.m. Thursday April 5 in Centre County court.”

“The soonest Sandusky’s case could go before a jury is the April/May term of court in Centre County.”

Judge sets deadlines for pre-trial motions in Jerry Sandusky case
[The Patriot-News 1/11/12 by Sara Ganim]

(8)”Prosecutors have consolidated the two criminal cases against Jerry Sandusky and will try them as one, according to documents filed by the Attorney General’s Office on Friday.

Senior Deputy Attorney General Jonelle Eshbach filed a notice of consolidation in Centre County Court on Friday for the two cases that represent two separate arrests — one on Nov. 5 and the other on Dec. 7.

Eshbach also filed a motion to amend some of the indecent assault charges, but she wrote that the changes don’t involve new evidence.

The motion involves changing the subsection of five indecent assault charges under Pennsylvania criminal code.

Sandusky’s attorney, Joe Amendola, has until Tuesday to respond to the motion”

Criminal cases Against Sandusky may be combined
[Centre Daily 1/14/12]

(9) Joe Paterno gave a interview to Washington Post on January 14.

” Joe Paterno sat in a wheelchair at the family kitchen table where he has eaten, prayed and argued for more than a half­century. All around him family members were shouting at each other, yet he was whispering. His voice sounded like wind blowing across a field of winter stalks, rattling the husks. Lung cancer has robbed him of the breath to say all that he wants to about the scandal he still struggles to comprehend, and which ended his career as head football coach at Penn State University. The words come like gusts. “I wanted to build up, not break down,” he said.”

“How Sandusky, 67, allegedly evaded detection by state child services, university administrators, teachers, parents, donors and Paterno himself remains an open question. “I wish I knew,” Paterno said. “I don’t know the answer to that. It’s hard.” Almost as difficult for Paterno to answer is the question of why, after receiving a report in 2002 that Sandusky had abused a boy in the shower of Penn State’s Lasch Football Building, and forwarding it to his superiors, he didn’t follow up more aggressively.
“I didn’t know exactly how to handle it and I was afraid to do something that might jeopardize what the university procedure was,” he said. “So I backed away and turned it over to some other people, people I thought would have a little more expertise than I did. It didn’t work out that way.”

Joe Paterno’s last interview
[Washington Post by Sally Jenkins]

(10) “Two former Penn State officials have pleaded not guilty to charges relating to the child sex abuse scandal involving former assistant football coach Jerry Sandusky.

CNN reports that Tom Curley and Gary Schultz both entered not guilty pleas Friday to charges of perjury and failure to report child sex abuse.”

Penn State officials plead not guilty to perjury, failure to report sexual abuse charges
[CBS 1/16/12]

(11)”An attorney for a former Penn State football assistant coach accused of molesting boys has filed a request for information prosecutors have about the witnesses he could expect to see at trial.

Jerry Sandusky’s defense attorney, Joe Amendola, filed a request for a bill of particulars on Wednesday. The filing is standard procedure and requires the state attorney general’s office to provide details such as the names and ages of people who say they’re victims and the names and addresses of witnesses.”

Jerry Sandusky Lawyer, Joe Amendola, Asks For Information About Witnesses, Alleged Victims
[Huffington Post 1/19/12 ]

(12) PSU Independent investigation issues report on January 20, 2012

http://live.psu.edu/story/57311

“Board of Trustees member Kenneth Frazier, chair of the Special Investigations Task Force, provided an update Friday (Jan. 20) on the work of the independent team looking into issues related to the allegations against Jerry Sandusky.

Below is his report to the board. In addition, the board agreed that the University would focus its efforts on the five areas spelled out below.
Remarks by Kenneth Frazier
Board of Trustees Meeting, Jan. 20, 2012
The shocking details contained in the Grand Jury report that came to light in November 2011 rightfully elicited intense emotions among the Penn State community, the nation and the world, including rage, disbelief and overwhelming sadness. The allegations of unspeakable crimes against helpless children are extraordinarily serious, and have affected us profoundly.

It will take years to fully come to terms with this tragedy. But one element of doing so is to understand how the alleged acts could have happened at Penn State, where the breakdowns occurred, who knew what when, and what changes we can make to prevent such anguish in the future.

To assist in finding answers to such questions, the Special Investigations Task Force of the Board of Trustees announced on Nov. 21, 2011, that it had retained Judge Louis Freeh and his firm to conduct an independent, external investigation. Judge Freeh, a former FBI director and federal judge, has unimpeachable credentials and unparalleled experience in law and criminal justice.

His mandate is clear. He and his team have been tasked to investigate this matter fully, fairly and completely. They have been directed to show no favoritism toward any party, including the administration and every member of the Board of Trustees itself. The Task Force has assured Judge Freeh total independence so that this mandate can be fulfilled. Indeed, that assurance was the main condition of Judge Freeh’s engagement.

The investigation is well under way. Judge Freeh has assembled an impressive team of former law enforcement officials and lawyers, including former prosecutors, with many decades of experience conducting sensitive investigations. They have established an office here on campus, and are fully engaged in reviewing documents, conducting interviews, and pursuing leads.

This investigation is being conducted in parallel with, but independent of, several other active investigations by agencies and governmental authorities, and will not interfere with any such other investigations.

In addition to working to uncover what occurred in the past, Judge Freeh and his team are thoroughly studying, reviewing and testing all of the University’s policies, procedures, compliance and internal controls relating to identifying and reporting of such sex crimes or misconduct. This examination includes, among other things, any failures or gaps in the University’s control environment, compliance programs and culture which may have enabled the alleged misconduct to occur, go undetected, and not be reported and addressed promptly and properly.

In this regard, Judge Freeh just last evening made some initial recommendations for improving organizational structures and protocols that the Board is reviewing. We requested these interim recommendations because the Board did not want to wait for the work to be completed to learn about changes that we could consider now. The Board is in full agreement with and committed to implementing the interim recommendations, which fall into five main categories:

* Strengthening Policies for Programs Involving Minors, including:
– Providing more clear and specific guidance to staff and others who interact with children, including enhanced background checks and “abuse awareness” training.

* Prompt Reporting of Incidents of Abuse and Sexual Misconduct, including:
– Enhancing the visibility of the Office of Internal Audit’s Ethics Hotline and providing training on the importance of reporting misconduct and the University’s no-retaliation policy.

* Compliance with the Clery Act’s Training and Reporting Requirements, including:
– Updating and providing training to University personnel with Clery Act compliance responsibilities. Utilizing outside experts on Clery Act obligations to provide this training, beginning with the Athletic Department and other “Campus Security Authorities.”

* Administrative Reforms, including:
– Defining the role of and hiring/appointing a Chief Compliance and Ethics Officer who will have a direct reporting relationship to a Committee of the Board of Trustees for a more coordinated and complete response to all compliance matters. Among other duties, the Compliance Officer will be responsible for Department of Education compliance, including the Clery Act.

* Athletic Department – Security Arrangements, including:
– Developing a procedure to ensure that the University immediately retrieves keys, access cards and all other University property from individuals who are not formally associated with the University, or who are no longer associated with the University.

Further, during discussions with Judge Freeh, it became clear that there are some longer term changes that we as a Board must make, sooner rather than later. One being creation of a fulsome Compliance Program, which includes Board oversight through a Compliance Committee. That committee would have oversight responsibility or all regulatory obligations, including the Clery Act, and the Chief Compliance and Ethics Officer would have a direct reporting line to the committee. The Board is fully committed to undertaking this responsibility.

At the conclusion of Judge Freeh’s work, the full findings and recommendations will be made public.

Those findings will address:
* Failures that occurred in the reporting process;
* The cause for those failures;
* Who had knowledge of the allegations of sexual abuse; and
* How those allegations were handled by the Trustees, Penn State administrators, coaches and other staff.

We understand that answers cannot come quickly enough for all concerned, and I assure you that Judge Freeh and his team are moving as expeditiously as possible. But we will not sacrifice thoroughness and completeness for expediency. We have therefore imposed no artificial timetables onto this vital work.

While as I have stated it would be desirable to have this investigation completed by the end of the current academic year, I expect it will take longer than that, perhaps until the beginning of the next academic year. Timing will be dictated by how long it takes to complete a thorough investigation.
I wish there were a faster path to satisfactory answers for everyone. I am confident, however, that the investigation and the legal processes will provide many factual answers. But I also believe there is a vast difference between answering questions and reaching emotional closure from such a heart-wrenching tragedy. That will undoubtedly take much longer. For now, let me just say on behalf of the Board of Trustees of Penn State University that the victims are at the forefront of our thoughts each day, and that we sincerely hope that our work can contribute to breaking the silence surrounding sexual violence that appears to have allowed evil to prevail in far too many instances in our society.”

(13) Joe Paterno dies on January 2, 2012 at age 85

(14)Joe’s death has possible effects on  Curley and Schultz cases:

(a) Paterno death will have limited effect on sex abuse case [USA Today 1/23/12 by Kevin Johnson] “Former Penn State football coach Joe Paterno was not expected to be a major witness in the child sex abuse case against Jerry Sandusky, but state prosecutors had intended to offer Paterno’s testimony in the prosecution of two former university administrators charged with perjury related to the sex scandal.”

“As recently as last month, Pennsylvania Senior Deputy Attorney General Marc Costanzo said prosecutors “expected to have testimony” from Paterno in the state’s case against former Penn State athletic director Tim Curley and former university senior vice president Gary Schultz.”

“According to a transcript of his brief appearance before a Pennsylvania grand jury last year, Paterno said that after an emotional meeting with McQueary he told Curley and Schultz, “We have a problem.” The transcript of Paterno’s testimony was admitted as evidence in a preliminary hearing last month. In the testimony, read aloud Dec. 16 in a Harrisburg courtroom, Paterno said he told the two officials that McQueary had witnessed Sandusky “fondling a young boy” in a Penn State locker room.

(b) Paterno’s death complicates legal case [Post Gazette 1/28/12 by Paula Reed Ward]
“According to the grand jury presentment, Mr. Paterno testified that then-graduate assistant Mike McQueary went to his home in March 2002 and reported seeing Mr. Sandusky the night before “fondling or doing something of a sexual nature to a young boy,” in the showers of Penn State’s Lasch football building.

However, Mr. Curley told the grand jury that Mr. McQueary reported only ” ‘inappropriate conduct’ ” and “activity that made him ‘uncomfortable.’ ”

He denied that he was told anything of a sexual nature had occurred, and specifically denied there had been anal sex.

Mr. Schultz testified that Mr. Paterno reported ” ‘disturbing’ and ‘inappropriate’ conduct” in the shower, that may have included Mr. Sandusky grabbing a young boy’s genitals. He conceded, the presentment said, that Mr. McQueary reported “inappropriate sexual conduct.”

Without Mr. Paterno’s statements, Ms. Ramaley said, “It’s really going to come down to McQueary versus them.”

Caroline Roberto, who represents Mr. Curley, said in a statement she wouldn’t address the issue.
“Since the prosecution is saddled with the burden of proving the charge of perjury against our clients, the question about what impact Mr. Paterno’s death has on case strategy should be asked of the prosecution,” she said.

The state attorney general’s office did not respond to requests for comment.

Under Pennsylvania law, the prosecution “may not sustain its burden of proof [in a perjury charge] by the testimony of one witness alone,” according to standard criminal jury instructions.

Instead, it must either offer testimony from a second witness, or other independent evidence.

Karl Rominger, one of the attorneys for Mr. Sandusky, said losing Mr. Paterno’s testimony in the Curley and Schultz case “is a huge difference.”

“The average juror is going to be left with he-said/he-said.”

He guessed that the prosecution may call Mr. McQueary’s father to testify that his son called him the night of the alleged assault. But that testimony would likely go more toward defending Mr. McQueary’s credibility than to the facts of the case, which the lawyer continued, could be important.

Mr. McQueary’s testimony at the preliminary hearing differed from that at the grand jury, Mr. Rominger said, in that the man did not repeat allegations that Mr. Sandusky had anal sex with the boy in the shower.

“He really equivocates on that point,” Mr. Rominger said. “He backed off of saying he saw any genitalia.

“McQueary’s problem is his stories are all over the map.”

Mr. Rominger said the attorney general’s office made a “critical error” when it failed to have Mr. Paterno testify at the preliminary hearing for Mr. Schultz and Mr. Curley.

Even if the coach’s health had prohibited his travel from State College to Harrisburg, the prosecution could have arranged for a deposition to be taken in Centre County, in which sworn testimony and cross-examination could have occurred, preserving the testimony for future use.

“There’s no good reason not to have called him to the stand,” Mr. Rominger said. “It begs the question: Do they even want Paterno’s testimony?

“It was either a critical error or they had reason to believe he was going to say something not helpful to their case.”

(15) Sandusky wants to see his grandchildren. He was “barred by a Pennsylvania judge from having unsupervised visits with his grandchildren. The judge also prohibited the children from staying overnight at Sandusky’s home.

This week, Sandusky’s lawyer filed a motion urging a judge to allow him to visit with his grandchildren because his “eleven minor grandchildren… have expressed their sadness to their parents about not being able to visit or talk” with him, the court documents said.

Sandusky is asking the judge to grant visitation with his grandchildren at his home and to allow him to communicate with them via phone, email, text and Skype, the documents said.

The motion also requests that Sandusky be allowed to have his friends visit his home, and that he be allowed to travel to meet with his attorney and private investigators work on his case.

A hearing on the issue is scheduled for February 10 at the Centre County Courthouse in Pennsylvania, authorities said.”

Sandusky asks judge to let him visit with his grandchildren
[CNN 1/28/12]

Update 18/February 1, 2012

“Prosecutors in the Jerry Sandusky child sex-abuse case asked Tuesday to have jurors brought in from another Pennsylvania county, a day after disclosing in court records they would tell the former Penn State assistant coach the names of his 10 alleged victims.

The attorney general’s office argued in a court motion that pretrial publicity and Penn State’s prominent role in its local community mean Sandusky’s criminal trial warrant the use of jurors from outside the State College area. Sandusky’s lawyer said he would fight the proposal.

In the other court filing, made late Monday, prosecutors said the alleged victims’ names will be delivered to Sandusky’s lawyer by the close of business Friday, a process that would apparently avoid disclosure through public court records. The men are identified as Victim Nos. 1-10 in court records.
Prosecutors said media coverage of Sandusky’s arrest on charges he sexually abused boys over a 15-year period has been “spectacular in its breadth and intensity.”

“Sandusky’s attorney, Joe Amendola, said he was vehemently opposed to using an out-of-county jury. Sandusky, 68, faces 52 criminal counts and has denied the allegations against him.

“Jerry’s case has drawn national attention as a result of which we feel there’s no better place than Centre County from which to select fair minded individuals to sit as jurors,” he said in a statement emailed to reporters.

McGettigan argued it would not be fair or practical to ask people who live near Penn State’s main campus to “insulate themselves” from the school where Sandusky coached for many decades.”

“Asked for comment Tuesday on the planned release of alleged victims’ names, Amendola said he had not seen the filing.

“The only statement I have is, he knows who they are,” said Jeffrey Fritz, a lawyer for the young man called Victim 4 in the first grand jury report. “But putting that aside, my understanding of criminal procedure is, he’s entitled to that.”

Attorney Slade McLaughlin, who represents “Victim 1,” said Amendola told him Tuesday that he needs the names to prepare Sandusky’s legal defense and does not intend to publicize them.

“I would think that most media personnel would keep the information private even if it were made public by Amendola, but there are always a few bad eggs in every barrel, so who knows,” McLaughlin said.

The scandal resulted in the ousting of school President Graham Spanier and longtime coach Joe Paterno, who died Jan. 22, and has brought shame to one of college football’s legendary programs.

Athletic Director Tim Curley has been placed on administrative leave, and Vice President Gary Schultz, who was in charge of the university’s police department, has stepped down.

Schultz and Curley are charged with lying to the grand jury and failing to report the alleged abuse to proper authorities. Like Sandusky, they have maintained their innocence.

Amendola has requested a “bill of particulars” document from prosecutors that would include names of purported victims along with the times, locations and other information to back up the charges against him. But the attorney general’s office said in a separate document filed in Centre County court that the grand jury reports, charging documents and discovery materials lay out the facts sufficiently.

Sandusky “has at his disposal ample information to be apprised of the charges, avoid surprise, and intelligently raise any double jeopardy or statute of limitations challenges,” prosecutors wrote, asking the judge to deny the request. Sandusky remains on bail while awaiting trial.

Judge John M. Cleland has scheduled a Feb. 10 hearing to resolve any remaining disputes concerning the defense request, and to consider Sandusky’s attempt to modify bail conditions so he may have contact with his grandchildren.

Sandusky wants permission for his 11 grandchildren to visit his home, accompanied by a parent, as well as to be allowed to communicate with them by phone or computer.”

Jerry Sandusky Alleged Victims To Be Named To Defense Of Ex-Penn State Assistant Coach
[Huffington Post 1/31/12 by Mark Scolforo]

Update 19/February 6, 2012

“An insurance company covering Pennsylvania State University asked Philadelphia Common Pleas Court to limit its exposure from a lawsuit filed by an alleged sex-abuse victim of Jerry Sandusky.

The Pennsylvania Manufacturers’ Association Insurance Co. argued Tuesday in its filing that it may not be required to cover Penn State at all, depending on what is uncovered as developments emerge from the sex scandal.

At stake are millions of dollars that the university could use to defend itself and, if necessary, pay out in a judgment.

The insurance company said that Penn State made a claim for coverage and defense of the lawsuit filed in November by a plaintiff referred to as Doe A, who alleges that he was sexually abused by Sandusky, the former Penn State assistant football coach, between 1992 and 1996.

The company said that three insurance policies are at issue, and that the only one that may cover the university is one that was effective from March 1, 1991, to March 1, 1992.

The company argues that for coverage to apply, the abuse must have started while the policy was effective. However, if it is revealed that the university engaged in “intentional conduct” that led to the abuse, then the insurance company is off the hook, the complaint says.

Doe A, now 30, is suing Penn State, Sandusky, and the Second Mile, a charity founded by Sandusky.
“We believe that the lawsuit is without merit and will defend our rights under our insurance policies,” said Annemarie Mountz, a Penn State spokeswoman.

The insurance company is being represented by the Philadelphia law firm of Kleinbard, Bell & Brecker. Steven J. Engelmyer, an attorney at the firm, declined to comment on the case.”
Insurance Firm Seeks Limits in Sandusky Case
[The Philadelphia Inquirer 2/2/12 by Robert Moran]

Update 20/February 8, 2012

File this under   “Prosecutors asked Tuesday to have Jerry Sandusky kept indoors as part of his bail conditions, citing complaints that the former Penn State football assistant was seen outside and watching children in a schoolyard from the back porch of his home, where he remains under house arrest while awaiting trial on child molestation charges.” [Can he get ANY creepier?]

“”Several individuals from the adjacent elementary school have expressed concerns for the safety of children at their school and the adjacent neighborhood,” prosecutors wrote. “Such concerns will only mushroom if defendant is permitted to roam at will outside his house.”

“The allegation he was watching children was outlined in an exhibit attached to the filing, a memo from a state investigator to a county probation officer that said a teacher and intern had reported concern for the children’s safety.

[USA Today 2/7/12]

Our archive has a California case of Cristan Rooms, also a coach, who has $12 million bail and a case in Illinois of Robert Gaskill, also a coach, who has a $50 million bail. WHY is Sandusky allowed out on a paltry bail, especially after this? We hope there are modifications at the hearing in a few days.