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Now It Begins - 1st Assault on the Attorney General in the "PSU" Case

Lawyers for Tim Curley and Gary Schultz have filed motions for dismissal of charges and to compel the Attorney General to provide particulars in the Perjury and Failure to Report cases against their clients

This is something expected since the Perjury and Failure to Report charges were filed against Gary Schultz - Former Senior VP and this follows the same motions filed by Tim Curley the Athletic Director yesterday to dismiss the charges filed by Attorney General Linda Kelley. These charges seemed bogus and flimsy from the beginning. I speculated that the charges might not make it past the preliminary hearing but the judge was not interested in hearing about testimony concerning Dr Dranov and he was not going to toss the case out the door as should have been done.

Remember that Perjury charges in Pennsylvania require corroboration beyond any opposing versions of what might have been said between 3 people in a private meeting. Since only Curley, Schultz and Mike McQueary heard whatever was said in a "10 or 12 minute meeting" back in March of 2002 it is completely impossible to have corroboration if no notes, minutes, or recordings of that meeting exist.

Star-divide

Both Curley and Schultz felt they did not hear evidence of a criminal act and we have no way of knowing what McQueary said to them or how indicative of any criminal act it may or may not have been.

As far as the law in 2002 concerns being compelled to report suspicious behavior goes we know what that law says and it's evident that the attorneys don't believe the administrators are compelled under that law.

Curley and Schultz were not informed of a sexual assault by Paterno or McQueary. At best McQueary told them about "inappropriate contact of a sexual nature" - a far cry from sexual assault.Why did the Attorney General claim Schultz and Curley were required to report suspicions?

Top administration officials at PSU, Curley and Schultz, after receiving a report of the sexual assault from both a graduate assistant and the coach Paterno, failed to report the incident, as required by law

The law in 2002 did not require Paterno, Curley or Schultz to report suspicions but Raykovitz was subject to that law. Does the Attorney General not know the law?

The 2002 law required that the abused child come directly in contact with a person in his or her professional capacity in order for that person to be considered a mandatory reporter. The law was then amended in 2007 to broaden the reporting requirements

Second Mile CEO implicated in failure to report in Sandusky scandal

Raykovitz has not been charged in the sex-abuse scandal even though PA law says anyone who works with children must report suspicions of child abuse " "A fair reading of the statute would implicate the CEO of the charity in the event he received a report or information regarding possible abuse,"

Raykovitz with a PhD in psychology was the CEO of the Second Mile subject to the Pennsylvania Mandatory Reporting law as a psychologist and head of an organization that constantly dealt with children. Why was Raykovitz not charged with failure to report? Raykovitz was in a position of responsibility for the victims of Jerry Sandusky who was being paid by The Second Mile and a trained psychologist who could have located and interviewed Second Mile kids with whom Sandusky spent time

The Motions filed on behalf of Curley and Schultz maintain through a Memorandum of Law that the State has failed to provide the particulars as required to prosecute these charges This makes the Attorney General's office appear to be quite incompetent. Perjury is a very specific offense. It requires proof backed up by two witnesses or one witness with corroboration that a witness under oath made statements known by him ot be false. Those particular statements must be provided and they have not been provided by the state.

Schultzmotion3_medium

Schultzmotion_medium

Schultzmotion2_medium

These dismissal motions should lead to the end of this bogus part of the state's case that led to the idea this was a Penn State Scandal involving some cover up by the university and start the ball rolling on shifting the blame for the longevity of this situation to the former Attorney General now Governor and Second Mile where it belongs.

It appears that the Attorney General's office cannot provide the particulars because there are none that apply to Curley and Schultz and when these charges are dismissed it will leave the the Attorney General with much explaining to be done. We can only hope that the dismissal of the charges will receive the same publicity that was aimed at PSU when these bogus charges were filed. Having charges dismissed in a case like this should show the public that the Attorney General's office was complicit in a cover up on behalf of the Attorney General and the Governor.

Poll
Do you think these motions will lead to a dismissal of charges against Curley and Schultz?
Yes
421 votes
No
48 votes
Not Sure
89 votes

558 votes | Poll has closed

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Welcome back.

I voted ‘not sure’ – I’m sure that the wheels will come off the AG’s narrative sooner or later, but given that the judge didn’t want to hear about Dranov during the preliminary hearing, I’d rather not make any bets that this will be the thing that loosens the lug nuts.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 15, 2012 6:14 AM EST reply actions  

Thank you LeeHarvey

it;s good to be back – I missed you guys.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 15, 2012 12:26 PM EST up reply actions  

I felt, even after reading the presentment that there were no grounds for perjury charges.

It was all a matter of who remembered their conversation how. Then with the embellishments written into the presentment it solidified my feeling that the AG was off on a wild goose chase to try and get others to come forward when it really appears there are no “others” be that victims or people who knew about the PSU incidents. I still have no idea why 2nd Mile people were not more closely investigated. Maybe that is happening now but it is a tad late in the process. They should have been No 1 on the list after the victim in 2008 came forward. He was not associated with PSU in the least while he was a 2nd Mile member.

"It doesn't matter what people think of me," Joe said. "I've lived my life. I just hope the truth comes out. And I hope the victims find peace."

by BMAN13 on Feb 15, 2012 6:55 AM EST reply actions  

Put that hat back on, mister.

The idea that people in Harrisburg had too much invested, directly or indirectly, in Second Mile is by far the best impetus for a coverup in this whole mess.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 15, 2012 8:05 AM EST up reply actions  

my hat has been on since I read the presentment and 2nd Mile was not brought into the investigation.

Instead of laying blame for who screwed up at PSU, my first impetus was where the hell is 2nd Mile in all of this. Why is PSU the center of these charges from the description of JS as a former coach to all of the perjury charges. And nothing, no testimony, nothing regarding 2nd Mile. My first thought was, why did the AG and Corbett completely leave 2nd Mile out of this, what is going on.

"It doesn't matter what people think of me," Joe said. "I've lived my life. I just hope the truth comes out. And I hope the victims find peace."

by BMAN13 on Feb 15, 2012 8:26 AM EST up reply actions   2 recs

I certainly thought something was up when it was revealed that records had gone missing from Second Mile...

but I wasn’t prepared to seriously entertain the notion of a ‘conspiracy of opportunity’ enveloping all of Harrisburg until recently. I’m still not prepared to say that a large number of people actually conspired to intentionally sweep Sandusky’s proclivities under the rug, but a lot of people had serious motive to brush off suspicions.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 15, 2012 8:57 AM EST up reply actions  

I'd rather have a 100 comment thread without any name-calling.

300 if we get some good tangents going.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 15, 2012 8:59 AM EST up reply actions  

Oh a tangent!

I love calculus. Big ups to my boy Isaac for inventing it for us.

Whittle your whiskey around like blazes, t'underin' Jaysus, do ye think I'm dead?

by psuphysicist on Feb 15, 2012 9:23 AM EST up reply actions   1 recs

I love calculus too, but as to tangents....

I thought they were a little before Sir Isaac’s time and so I consulted the great and wonderful Wikipedia:

Regarding Fermat’s work in analysis, Isaac Newton wrote that his own early ideas about calculus came directly from “Fermat’s way of drawing tangents.”[

Pierre de Fermat sent Isaac off on this tangent.

Striving for Success with Honor

by Frank O'Brien on Feb 15, 2012 10:02 AM EST up reply actions  

Newton was a dick

I'm on the Internet cause I'm an Internet thug.
#OccupyESPN

by skarocksoi on Feb 15, 2012 10:41 AM EST up reply actions  

BOOM!

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 11:25 AM EST up reply actions  

Calculus teacher to me

after another interminable statement questioning the basis for it:
“When you write your own book we’ll teach it your way.”

Humanum est pati.

by Smee on Feb 15, 2012 1:02 PM EST up reply actions  

Ugh. Is there a more pompous person on earth

than a Calculus professor who has written his own book?

Had a similar experience, where the Calc prof was terrible. Didn’t learn much from his lessons so at night a couple of us got together, used the book, and completed the assignments. After getting the right answers and him marking our HW wrong, we asked what was wrong with it. His reply, “the author of this book has his own ideas and I have mine. Since we are in MY class, we will use MY methods.”

I’ve never been so close to assaulting somebody in my life.

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 15, 2012 1:07 PM EST up reply actions  

Thats pretty shitty

I’ve never had a problem with a math or physics professor giving me shit about not doing it ‘the right way’. The point of physics and math is to get the right answer. It doesn’t matter the path you take, so long as its a viable one and your methods are valid.

I definitely would have assaulted him.

Whittle your whiskey around like blazes, t'underin' Jaysus, do ye think I'm dead?

by psuphysicist on Feb 15, 2012 1:32 PM EST up reply actions  

He's here all week folks!

Try the veal and don’t forget to tip your waitress!

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 15, 2012 11:26 AM EST up reply actions  

My Organic Chemistry professor

used to tell that joke, ALL. THE. TIME.

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 15, 2012 11:38 AM EST up reply actions  

I actually found it

printed on the circuit board of some electronics item I took apart one time. Engineers are weird man.

I'm on the Internet cause I'm an Internet thug.
#OccupyESPN

by skarocksoi on Feb 15, 2012 11:41 AM EST up reply actions  

Chris, I just posted a pic that can be removed to keep

the site PG. Not sure if it is over the edge or not. Please check and do what you must.

When I was in the Army, we used to ask, “How do you make a hormone?”

Tha answer is, of course: “Don’t pay her!”

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 11:50 AM EST up reply actions  

Understood.

Thanks!

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 2:59 PM EST up reply actions  

go on...

I'm on the Internet cause I'm an Internet thug.
#OccupyESPN

by skarocksoi on Feb 15, 2012 11:55 AM EST up reply actions  

Awesome. Nerd Humor!

I was a math major at PSU. My favorite pickup line was: let’s add you to me, subtract our clothes, divide your legs and multiply….I didn’t get laid very much in college.

by Nittany Lawyer on Feb 15, 2012 1:35 PM EST up reply actions  

sometimes you just over do everything

a lot of hyperbola

"It doesn't matter what people think of me," Joe said. "I've lived my life. I just hope the truth comes out. And I hope the victims find peace."

by BMAN13 on Feb 15, 2012 11:32 AM EST up reply actions  

/LOLZ

BTW, I hated geometry . . . .

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 11:45 AM EST up reply actions  

This is what happens when I go and do real work

I miss an exciting calculus thread. Wow, I didn’t think I’d ever type those words on a site dedicated to athletics. Or really in that order even.

Whittle your whiskey around like blazes, t'underin' Jaysus, do ye think I'm dead?

by psuphysicist on Feb 15, 2012 1:35 PM EST up reply actions  

The first question I ever asked in Calc

“Hey, who put all these letters in my math homework?”

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 15, 2012 1:37 PM EST up reply actions  

The same one that put them in your awesome cereal?

Man, I need to go buy some Lucky Charms. I haven’t had sugar for breakfast in years.

Whittle your whiskey around like blazes, t'underin' Jaysus, do ye think I'm dead?

by psuphysicist on Feb 15, 2012 1:50 PM EST up reply actions  

Get some Cap'n Crunch then.

Just remember to let it sit in the milk for awhile or you’ll tear up the inside of your mouth.

Humanum est pati.

by Smee on Feb 15, 2012 1:51 PM EST up reply actions  

Didn't Reese's make a cereal?

I believe it was peanut butter flavored, which, even as a child, angered me. So I had my mom buy Cocoa Puffs and Reese’s and combined them into one glorious breakfast.

I also loved the chocolate rice krispy’s, whatever they were called. The best part was the chocolate milk at the end.

Whittle your whiskey around like blazes, t'underin' Jaysus, do ye think I'm dead?

by psuphysicist on Feb 15, 2012 1:56 PM EST up reply actions  

And I wonder why

there’s not a molar in my mouth that hasn’t been rooted, drilled, filled or capped.

Humanum est pati.

by Smee on Feb 15, 2012 2:00 PM EST up reply actions  

Cap'n Cruch Peanut Butter FTW.

When my wife is dragging me through the organic section of the grocery store, I’ll occasionally grab the Peanut Butter Bumpers, which are also good.

by Chris Grovich on Feb 15, 2012 2:03 PM EST up reply actions   1 recs

Peanut Butter Crunch with sliced banana.

Fan-frickin’-tastic.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 15, 2012 2:05 PM EST up reply actions  

just make a peanut butter banana sandwich

I'm on the Internet cause I'm an Internet thug.
#OccupyESPN

by skarocksoi on Feb 15, 2012 2:06 PM EST up reply actions  

Peanut butter and banana sandwiches won't cut the roof of your mouth

The pain makes it taste better.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 15, 2012 2:09 PM EST up reply actions  

So throw in some drywall screws and call it a day

I'm on the Internet cause I'm an Internet thug.
#OccupyESPN

by skarocksoi on Feb 15, 2012 2:10 PM EST up reply actions   2 recs

My buddy used to work

in a hospital as an X-Ray tech. One night at a party he brought out a copy of an x-ray. Apparently some dude was brought in complaining of severe stomach pains. In his stomach was screws, buttons, change, paper clips, thumb tacks, nails, and small shards of glass.

The guy had developed Pica and nobody knew about it right away.

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 15, 2012 2:16 PM EST up reply actions  

developed Pica

Fontastic!

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 3:02 PM EST up reply actions  

Ugh...

Typesetting humor? Really?

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 15, 2012 3:02 PM EST up reply actions  

I know.

That was two-thirds of a pun: P – U.

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 3:04 PM EST up reply actions   1 recs

Well, He's actually HRH of PUN.

(ask those that have the privilege of living in his kingdom!) WLH (we love him)

When I stand before God at the end of my life, I would hope that I would not have a single bit of talent left, and could say, 'I used everything you gave me'.
Erma Bombeck

by ComfortHePuHuTh on Feb 15, 2012 8:51 PM EST up reply actions  

ILY!

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 9:23 PM EST up reply actions  

Peanut butter, banana, Marshmellow Fluff

Affectionately refered to as a fluffer nutter. I have also been known to substitute Nutella for peanut butter.

It helps to heat the fluff in the microwave for like 5 seconds to increase its spreadability.

Whittle your whiskey around like blazes, t'underin' Jaysus, do ye think I'm dead?

by psuphysicist on Feb 15, 2012 2:17 PM EST up reply actions  

Peanut butter, banana, and honey on an English muffin.

That’s good eatin’.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 15, 2012 2:33 PM EST up reply actions  

I prefer peanut butter and honey

In a flour tortilla. I could do without the banana.

Whittle your whiskey around like blazes, t'underin' Jaysus, do ye think I'm dead?

by psuphysicist on Feb 15, 2012 3:30 PM EST up reply actions  

Peanut butter and fluff on a saltine!

Soo good! Pretty much what I lived on in college.

by lexi1031 on Feb 15, 2012 7:13 PM EST via mobile up reply actions  

My dad introduced me to that sandwich

I thought he was an idiot up to that day, but now I realize what a genius he is. He also claims to have invented ice cream as we know it today.

I'm on the Internet cause I'm an Internet thug.
#OccupyESPN

by skarocksoi on Feb 15, 2012 3:08 PM EST up reply actions  

How do you make a dog sound like a cat?

Put in the freezer until it’s good and solid, then run it through a saw mill: “MMMEEEEOOOOOWWWWW!!!”

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 3:18 PM EST up reply actions  

oh no, no ... really

84 tells that one very well!

When I stand before God at the end of my life, I would hope that I would not have a single bit of talent left, and could say, 'I used everything you gave me'.
Erma Bombeck

by ComfortHePuHuTh on Feb 15, 2012 8:53 PM EST up reply actions  

OK, in fairness:

How do you make a cat sound like a dog?

Set it in your driveway, pour gasoline on it, stand back, throw a match, and it’ll go “WOOF!”

I know, I know — terrible “jokes”. My apologies to PETA — People Eating Tasty Animals.

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 7:53 PM EST up reply actions  

Your Dad sounds hot!

Had to write that — if he is the inventor of modern ice cream, he deserves a statue and homage.

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 3:17 PM EST up reply actions  

He claims (an my uncle supports)

that he was the first to come up with the idea of putting the fruit swirls in ice cream before anyone else did. Like if you get Raspberry Swirl or something and its got those ribbons of fruit flavored stuff in it. He would just take regular vanilla ice cream and mix in different kinds of jelly.

I'm on the Internet cause I'm an Internet thug.
#OccupyESPN

by skarocksoi on Feb 15, 2012 3:34 PM EST up reply actions  

Greatest cereal ever

was the S’mores cereal. It was basically Golden Grahams but then they added little marshmallows and the grahams were choc covered, IIRC.

They stopped making it about as fast as they started it because they realized it was horrible for kids.

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 15, 2012 2:03 PM EST up reply actions  

Corn Bran.

Corn Bran was the greatest cereal ever.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 2:04 PM EST up reply actions  

Oh that just sounds atrocious.

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 15, 2012 2:09 PM EST up reply actions  

You'd think.

It was fantastic.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 2:11 PM EST up reply actions  

I will only believe you

If they had commercials for it on either Nickelodeon or CBS Saturday morning cartoons

Whittle your whiskey around like blazes, t'underin' Jaysus, do ye think I'm dead?

by psuphysicist on Feb 15, 2012 2:29 PM EST up reply actions  

My fave is/was

Cocoa Frosted Flakes. They Weeeeeeee’re Great! (Chocolately great). Haven’t seen them in years.

"If there’s a villain in this tragedy. It lies in that investigation, not in Joe Paterno’s response to it," ~ Phil Knight

by rahpsu92 on Feb 17, 2012 11:31 AM EST up reply actions  

They now have Frosted Toast Crunch

Which I had never seen before

I like sports and I don't care who knows.

by Drea1020 on Feb 20, 2012 9:51 AM EST up reply actions  

And apparently

I do not know how to post images

I like sports and I don't care who knows.

by Drea1020 on Feb 20, 2012 9:52 AM EST up reply actions  

Give the post a title (this in the post a reply)

Move down to the larger box, type an exclamation (bat & ball) !
follow that with the picture url copied(sometimes found in properties) with the right click of mouse then PASTE after the bat &ball, and end with another exclamation
always PREVIEW before POST

fwiw: it doesn’t always work

When I stand before God at the end of my life, I would hope that I would not have a single bit of talent left, and could say, 'I used everything you gave me'.
Erma Bombeck

by ComfortHePuHuTh on Feb 20, 2012 10:07 PM EST up reply actions  

And actually this time...

what you did was click the image link… and put your image URL in there…. but it autoloads with http:\

Which means it doubled up the http:\ when you hit post… which means the site cant read the URL….

Simple fix…. delete the stuff in the box before you paste the URL of the pic… then preview it… just to be safe…

All of our comments are irrelevant - LetsGoPSU

by jaytay13 on Feb 20, 2012 11:38 PM EST up reply actions  

This is Penn State, remember.

Joe built the place based on the theory that athletics and academics mix. So why would discussing calculus on a sports blog surprise you?

by Ab4PSU on Feb 15, 2012 1:48 PM EST up reply actions   1 recs

I thought Joe cared more about getting the wins record

and maintaining the cash cow that is PSU Football, Inc. above all else?

by dbl5030 on Feb 15, 2012 3:36 PM EST up reply actions  

It's true.

I read it on Deadspin.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 15, 2012 3:43 PM EST up reply actions  

I wonder if aurabass is a cultist?

He has said multiple times that he is not a PSU fan, so, can you be part of the cult while not a part of the fandom?

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 15, 2012 10:08 AM EST up reply actions  

As do I.

(Note just one “do” in that comment.)

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 11:25 AM EST up reply actions  

I'll do it

aurabass is a doodoo head

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 15, 2012 12:27 PM EST up reply actions  

I have bunnies at the ready. I got this.

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 15, 2012 9:07 AM EST up reply actions  

To paraphrase Woody in "Toy Story" --

“Wind the bunnies!”

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 11:26 AM EST up reply actions  

That's an AD tangent.

"Believe deep down in your heart that you're destined to do great things." Joseph Vincent Paterno 1926-2012

by Paige2PSU on Feb 15, 2012 12:37 PM EST up reply actions  

i am "rec-ing" it but fear that if the Mods catch sight of it, the comment will be gone. LOL

along those lines: My mom’s favorite “x-rated” joke.

Q. Why did the male soap bubble follow the female bubble around the bathtub? A. To see her bust.

Aw, the glory of Victorian risque humor.

by WarBuck46410 on Feb 15, 2012 5:15 PM EST up reply actions  

Victorian?!?!

How old is your Mom?

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 8:02 PM EST up reply actions  

your mom does NOT sound hot.

We have little tranquility but tons of tranquilizers.

by mikeissurreal on Feb 21, 2012 2:41 PM EST up reply actions  

Don't knock those Victorian women

There’s nothing like the sight of a well turned ankle.

Alea iacta est...

by PSUGuru on Feb 21, 2012 11:52 PM EST up reply actions   1 recs

I voted not sure

I believe that a judge might be too intimidated to dismiss the charges, afraid of the public backlash. I think that is part of the reason the charges were not dismissed at the preliminary hearing. From a judge’s point of view, the safer bet is to let it go to trial and let the chips fall where they may.

by dontcallmescooter on Feb 15, 2012 9:20 AM EST reply actions  

I don't know if either Curley or Shultz commited perjury.

They very well might have, but from an untrained eye it seemed to me there wasn’t enough evidence known yet to convict them. However I don’t think that means they didn’t do anything “wrong”, it is just hard to say how illegal their actions were, IMO.

Whether or not either is actually convicted of a crime, it doesn’t appear the information was handled properly on their end. I am more worried about what Sandusky’s judgment will be.

by FB6244 on Feb 15, 2012 9:29 AM EST reply actions  

Agree

For some reason, “I don’t know” and “I’m not sure” are incredibly difficult for people to say. Here’s a brief list of things that have been presented as facts where the truth is that we just don’t know:

1) Sandusky abused children
2) Spanier tried to cover it up
3) Schultz perjured himself
4) Curley perjured himself
5) Paterno did not do enough
6) MM did not do enough

If we’re being fair, we know none of these things as fact. Many Penn Staters (using Jay’s definition) are starting to recognize what do not know and are getting comfortable saying “We don’t know.” Those who are not Penn Staters seem to believe there’s nothing else to learn because everything is already known. It is not and will not be for a long time, if ever.

by kflintosh on Feb 15, 2012 9:38 AM EST up reply actions  

What? Those are not..........facts?!

Anathema!!!!!!

"We'll take it from here"

by jls83 on Feb 15, 2012 9:49 AM EST up reply actions  

Correct

Jay’s article said (apologies for the lack of a callout box; not sure how to do that):

“The response shared with him what I learned about Penn Staters — it is an earned privilege and not a right. Having a Penn State degree doesn’t automatically make you a Penn Stater, and not having a Penn State degree doesn’t mean you can’t be a Penn Stater.

“A Penn Stater values love and loyalty to our university. Penn Staters serve others and stand for honor and integrity. Being a Penn Stater is a student braving bitter winter cold on a corner collecting coins in a can for THON. It is Relay for Life, Lift For Life, Take Back the Night, and the millions of dollars raised by students each year for people in need they may never meet.

“Those values do not fade away as Penn State students leave here and become Penn Staters.”

by kflintosh on Feb 15, 2012 10:17 AM EST up reply actions  

That's great.

On that note, when is that bozo Joyner going to quit and get his ass out of State College?

by FB6244 on Feb 15, 2012 10:24 AM EST up reply actions  

He has some time to figure it out

From what I understand, all of the departing staff received severance pay equivalent to a year’s salary.

by psu87intn on Feb 15, 2012 10:57 AM EST up reply actions  

Glad to hear that

That’ll give the guys who want to keep coaching the time to be fairly considered for open positions instead of taking the gig at Our Sisters of the Poor.

by kflintosh on Feb 15, 2012 11:01 AM EST up reply actions  

Whew. Still a Penn Stater.

I feel better now. Since I don’t have a degree and all.

Humanum est pati.

by Smee on Feb 15, 2012 1:05 PM EST up reply actions  

Still part of the family, Smee.

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 3:05 PM EST up reply actions   1 recs

The school obviosuly has quite a few

people who are less competant, less trustworthy, and more worthy of a kick in the nuts than JayPa right now. I cannot wait to see them go.

by FB6244 on Feb 15, 2012 11:03 AM EST up reply actions  

I like this, especially if the AG is forced to drop charges during the trial if there is no case.

"It doesn't matter what people think of me," Joe said. "I've lived my life. I just hope the truth comes out. And I hope the victims find peace."

by BMAN13 on Feb 15, 2012 11:36 AM EST up reply actions  

I want a judge to say

THE FUCK OUTTA HERE

"We gon' get down. We gon' do the do. I'm going to hit these mother****ers" - Dock Ellis, May 1, 1974.

by OctaShields on Feb 15, 2012 11:56 PM EST up reply actions   2 recs

PSU vs. 2nd Mile...

There were three previous GJ that led to no charges against JS

A forth was launched on the back of MM testimony. Prior to MM testimony all they had was alleged victim testimony and the AG knew they couldn’t win a case on that. The AG made this a PSU scandal, not a 2nd Mile scandal becasue MM’s testimony could give them the win they’ve been after for years.

All this other stuff is collateral damage.

"If there’s a villain in this tragedy. It lies in that investigation, not in Joe Paterno’s response to it," ~ Phil Knight

by rahpsu92 on Feb 15, 2012 10:16 AM EST reply actions   2 recs

I am not sure if this is acurate – and I am hoping a Pa legal eagle can explain the process. I believe that Grand Juries are seated for a certain term and that they hear about many cases during their terms. If unable to get a recommendation for indictment within a GJ term, the case has to be re-presented to the next GJ. I do not believe that they are convened for a specific case, but I could be wrong.

Could somebody cofirm, or correct me if I am wrong?

by dontcallmescooter on Feb 15, 2012 10:25 AM EST up reply actions  

About the "three previous GJ"...

There weren’t three other GJ investigations. This was a misnomer that came out when certain members of the BoT misspoke. There were previous investigations into Sandusky, but none of them were GJ’s.

I don’t have the links for back up of this, but I do remember that info coming out several weeks ago.

Penn State... from the outside you can't understand it, and from the inside you can't explain it.

by tadhg on Feb 15, 2012 10:51 AM EST up reply actions  

BNitts, had a conversation with a friend just last night

on points 1 and 2. Like you, I think they publicized a weak case in hopes of flushing out more (and more credible) victims. As I understand it, two more alleged victims did come forward, but haven’t they either retracted their stories or were found not to be credible?

There were people who said, “JS’ victims will be in the dozens/hundreds/millions — he didn’t start perpetrating these acts when he was 55.” That hysteria appears to be misplaced, true?

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 11:41 AM EST up reply actions   1 recs

I had this thought this morning.

I could see the loss of coaching as a distraction as the thing that pushed Sandusky over the edge into overt acts rather than thoughts. It’s entirely possible that he didn’t do anything with a kid until he started to see his coaching career slipping away.

Hypothetically, of course…

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 15, 2012 11:45 AM EST up reply actions  

418, I know NOTHING

of psychological triggers. Maybe SubLime can chime in.

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 11:48 AM EST up reply actions  

I've no background in this as well, but...

Junny, hbeach and I talked about this on a late Friday night thread several weeks ago. The assertion is that you don’t become a pedophile overnight stands to reason but the act of commiting the crime starts at some point. Assuming these allegations are true and the list of victims does not go much furhter than those that have come to light, Sandusky may have always been predisposed to these vile thoughts. Maybe he was able to repress those urges for a long time and never actually assaulted any children prior to these acts. Once he did, and presumably got a way with it, he became more brazen and the assaults escalated.

So yeah, there is a point when you go beyond being a disturbed human being to actually becoming a criminal with real victims.

Striving for Success with Honor

by Frank O'Brien on Feb 15, 2012 12:59 PM EST up reply actions  

I'm not that bright to remember which play,

but didn’t Shakespeare say the toughest kill was the first one? Might be the same thing here. Sandusky repressed these thoughts and urges for who knows how long, but once he started, he was unable to control himself.

by Ab4PSU on Feb 15, 2012 1:45 PM EST up reply actions  

I don't have an answer for you on the Shakespeare, maybe Richard III?

I usually defer to Sting and Murder by Numbers

“Once you have decided on a killing first you turn your heart into a stone.”

Striving for Success with Honor

by Frank O'Brien on Feb 15, 2012 1:51 PM EST up reply actions  

Let's hold onto

“innocent until proven guilty” just a tad longer, shall we?

It’s good to read that these are “assumptions”, but let’s not go all MSM until more of the facts are developed.

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 3:08 PM EST up reply actions  

I'm with you

Maybe I should have put this in bold:

Assuming these allegations are true

Striving for Success with Honor

by Frank O'Brien on Feb 15, 2012 3:39 PM EST up reply actions  

Grooming.

It’s probably as unintentional as an office wife at first. I truly believe that it just seemed perfectly natural and okay to him. Seriously, like a third date.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 1:49 PM EST up reply actions  

I'm no psychologist . . .

So I’ll defer this to Schultz BNittsDeMilo. Sociocultural questions are more my thing. I’m more likely to diminish anything causal and head straight to the “random and chaotic forces” sort of explanation.

"I think what the university did to him was grossly wrong" -- Mike Ditka

by SubLime on Feb 15, 2012 1:14 PM EST up reply actions  

Thanks, BNitts.

Please send your bill to M1EK.

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 8:01 PM EST up reply actions  

1998

predates his loss of coaching.

by M1EK on Feb 15, 2012 12:59 PM EST up reply actions  

I'm not certain it predates his retirement either.

I know he coached the 1999 season, but I believe he did so as a volunteer, not that I think that matters a great deal. It’s just another wrinkle.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 1:27 PM EST up reply actions  

I am 99% sure he retired in the spring of 1999.

The cutoff for the retirement deal was in May or June, and he was looking to get out under that.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 15, 2012 1:36 PM EST up reply actions  

Whatever the cut off was for that would make sense.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 1:37 PM EST up reply actions  

Retirement "early outs"

expire for employees in PA State Government on their last payday in June because new budget years start on July 1st and the trend under Ridge, Rendell and Corbett has been to reduce retirement benefits in some fashion with each new budget year as employees are expected to pitch-in anew to help balance the new budget. By taking an “early out” a State employee’s previously promised retirement benefits are locked in. I remember when Sandusky retired it was under this situation because I lost one of my staff in that retirement window. I also retired early from PA State Government in another window in June of 2004 in order to lock in my retirement benefits that were promised my whole career. Depending on the severity of the “broken promise” there have been 4,000 to 6,000 State workers that have retired in June in some of the past tight budget years (so many that the system is overwhelmed.)

Sorry for the rant, but I have seen comments that have suggested Sandusky retired for sinister reasons and there really is a more reasonable reason that applies to easily more than 10,000 other State employees under the past three Governors. And yes, PSU employees are covered under PA’s State employee retirement system.

Stop blaming Joe -- media mobs!
Vote out all nine alumni incumbents over next three years

by OlderBudweiser on Feb 15, 2012 7:04 PM EST up reply actions   2 recs

Thanks man

I’ve missed you guys

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 15, 2012 11:58 AM EST up reply actions  

Two things

1] I don’t see any benefit at all from the charges against Curley & Schultz being dismissed on a technicality. Even if that technicality is they technically didn’t commit a crime.

2] Somebody is going to have to explain to me why this Dr. Dranov (sounds like a god damned Bond villain) didn’t have a duty to report what he heard.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 10:42 AM EST reply actions  

Failure to report...

Either these are all horrible people or
MM didn’t know what he saw or didn’t express it properly.

"If there’s a villain in this tragedy. It lies in that investigation, not in Joe Paterno’s response to it," ~ Phil Knight

by rahpsu92 on Feb 15, 2012 11:33 AM EST up reply actions   1 recs

As for 2

According to the report Drano got NO for an answer three time when he asked Mike if he saw anything sexual

I want to know why Raykovitz and Second Mile did not take care of it. He was the trained professional charged with responsibility for the kids in the charity he ran and he was the educated pro.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 15, 2012 12:01 PM EST up reply actions  

Fear of killing the cash cow?

Look at how Second Mile scrambled when they got hit with a tiny piece of shrapnel from the crap grenade. Now imagine how they would react if that sucker had gone off in THEIR laps.
Raykovitz, Corbett, and who knows who else would have been drenched, with Penn State the entity able to brush off just a single speck or two.

I know this sounds cynical, but Raykovitz was pulling down — what? — a half-mil a year? I have nothing against high compensation, but compare that to salaries of some other charities. I know some CEO’s who make do with $25K a year, just so more $$ go towards helping the charity.

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 12:14 PM EST up reply actions  

233,000 for Raykovitz and wife annually

or two million dollars since this incident

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 15, 2012 12:22 PM EST up reply actions  

We just had a murder here for $20

Specifically, in Lemont. $hit gets real in Lemont.
And rumor has it that the Russian Mob has taken over Pine Grove Mills. I don’t think that’s true, but it’s a funny mental image.

by reedjohnmiller on Feb 16, 2012 12:37 PM EST up reply actions  

two people were just murdered

because they “defriended” someone on facebook. Yes that is a true story.

I'm on the Internet cause I'm an Internet thug.
#OccupyESPN

by skarocksoi on Feb 16, 2012 1:44 PM EST up reply actions  

Yeah, I saw that article, too.

Tragic does not begin to cover that situation.

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 16, 2012 2:34 PM EST up reply actions  

Throw in "unbelievable" and "ridiculous" too.

I’m not sure that the value of Fb outweighs the ridiculousness that it inspires.

by CvilleLion on Feb 16, 2012 3:33 PM EST up reply actions  

The worst part about it

aside from the fact that two people needlessly died, was that there was more than one person involved in the murder. The girls boyfriend was a getaway driver. Who the fuck would agree to that, just because your gf was defriended? I’d understand a little better if the dad was off his rocker and went nuts when he heard his daughter got defriended, but it sounds like they actually planned this shit out.

I'm on the Internet cause I'm an Internet thug.
#OccupyESPN

by skarocksoi on Feb 16, 2012 4:05 PM EST up reply actions  

You're right.

I don’t think the intelligence quotient was too high in this case.

by CvilleLion on Feb 16, 2012 4:20 PM EST up reply actions  

FTFY.

I don’t think the collective intelligence quotient was too high in this case.

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 16, 2012 8:45 PM EST up reply actions  

Facebook has value?

I fail to see it.

Whittle your whiskey around like blazes, t'underin' Jaysus, do ye think I'm dead?

by psuphysicist on Feb 16, 2012 4:35 PM EST up reply actions   1 recs

I find it to be a good way to share pictures

and activities with friends – along with views on events.

I can let some 550 friends know about a HS reunion or a death or reminisce about college days or keep up with their families and their activities.
We share music videos and some old pictures from the way back machine and get back in touch with people from the past with whom we’ve lost track.
It beats the crap out of email that attracts spambots and it communicates with larger groups like former HS Friends, frat bros, co-workers, club members or others who we’ve known and care to know about now.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 16, 2012 5:27 PM EST up reply actions  

Sometimes there's a nice sideboob picture of an old flame.

Otherwise it’s useless.

"Goodnight, Gorbachev"
I say and kiss my pillow
In my bed alone

by WorldBFat on Feb 16, 2012 5:42 PM EST up reply actions  

Can be fun to count one's conquests

Or to discover two of them in the same pic.

jtothetweet
"I’m not a from the hip guy," Brands said. "From the hip, gets you in trouble. We continually evolve, and you have to have that mindset.

by jtothep on Feb 16, 2012 6:01 PM EST up reply actions  

In high school

I was talking to two girls, trying to decide which one I liked better and wanted to date. This had been going on for a couple of weeks, when I saw them talking together in the hall after school. Apparently they were friends. Fail.

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 17, 2012 6:31 AM EST up reply actions  

this is a completely fabricated response. jman is still afraid to talk to girls. Other than the crazy one he dated for 6 months.

"It doesn't matter what people think of me," Joe said. "I've lived my life. I just hope the truth comes out. And I hope the victims find peace."

by BMAN13 on Feb 17, 2012 8:22 AM EST up reply actions  

In my defense

She didn’t unleash the full crazy until we were dating. Of course, that is SOP for most females. 0 to insane in 4.2 seconds.

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 17, 2012 8:29 AM EST up reply actions  

she was cute

"It doesn't matter what people think of me," Joe said. "I've lived my life. I just hope the truth comes out. And I hope the victims find peace."

by BMAN13 on Feb 17, 2012 8:52 AM EST up reply actions  

go to PSU athletics site and check out pic 9 from last night’s iowa game photo gallery. Zametrious and I were there and got free tickets handed to us on our way to buy tickets. Center court, three rows behind the students.

"It doesn't matter what people think of me," Joe said. "I've lived my life. I just hope the truth comes out. And I hope the victims find peace."

by BMAN13 on Feb 17, 2012 8:54 AM EST up reply actions  

Oh sweet

And they just did get you two in the pic. Almost couldn’t see you and Z from all the cheeseburger signs.

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 17, 2012 9:03 AM EST up reply actions  

indeed

Though sometimes it is more of a gradual build up. They seem perfectly fine for the first few months, then all of a sudden little things start to crop up. You ignore them as unique traits, but then a few more months go by and more stuff keeps happening. Nothing too much at any given time, but then after a couple years you look back at the whole of the crazy and think, “I chose to be with this psychopath?” But then you’ve been suffering with your own version of Stockholm Syndrome and it is hard to break out of.

by The JuggerNitt on Feb 17, 2012 8:58 AM EST up reply actions  

You're right

and I think the gradual build up is worse. As you said, by the time you realize you have a tiger by the tail, it’s already scratched your face off.

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 17, 2012 9:04 AM EST up reply actions  

don't listen to him

or I am canceling the wedding

UNCIVIL!

by letsgopsu on Feb 17, 2012 9:38 AM EST up reply actions  

Just promise me

that you are not crazy.

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 17, 2012 9:43 AM EST up reply actions  

totally, 100% sane

as long as you don’t consider it insane to refuse to speak to anyone for 48 hours after you lost to Iowa on a last second FG

UNCIVIL!

by letsgopsu on Feb 17, 2012 9:46 AM EST up reply actions  

Thats the opposite actually

marraige material right there.

Also, you’re lying. No one is 100% sane, especially women.

Whittle your whiskey around like blazes, t'underin' Jaysus, do ye think I'm dead?

by psuphysicist on Feb 17, 2012 9:48 AM EST up reply actions  

Agree with psuphysicist

I always say, “all women are crazy, you just have to find one that’s a little less nuts than the rest”

Sometimes I wonder why I’m still single.

The one cool thing about our wedding is that there is 0% chance either of us would want it in the fall. Other than that, just tell me when it is and I promise the groomsmen and I will be there, on time and sober.

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 17, 2012 9:54 AM EST up reply actions  

hold the reception in your back yard

I’ll play the music. I’ve played 6 different weddings dating back to 1988 and not a single divorce.

"It doesn't matter what people think of me," Joe said. "I've lived my life. I just hope the truth comes out. And I hope the victims find peace."

by BMAN13 on Feb 17, 2012 10:08 AM EST up reply actions  

I'll admit

that at this point I am crazy. At least temporarily.

"Believe deep down in your heart that you're destined to do great things." Joseph Vincent Paterno 1926-2012

by Paige2PSU on Feb 17, 2012 12:40 PM EST up reply actions  

Oh JNitt

We've so missed your expert advice on women

UNCIVIL!

by letsgopsu on Feb 17, 2012 9:38 AM EST up reply actions   1 recs

We are in a tense situation right now

some of it internal factors, some of it external factors. I just heard some really good news (relating to some very financially questionable decisions I’ve been making that I think will ultimately make me happy, but I could also just be a fool), but because of yet other factors I can’t really tell her just yet, so I’m sorta bursting at the seams.

by The JuggerNitt on Feb 17, 2012 5:48 PM EST up reply actions  

So you have an internet wife?

It’s a brave new world.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 17, 2012 8:50 PM EST up reply actions  

as long as you can watch football

but good luck with the other stuff. When do you finish school?

UNCIVIL!

by letsgopsu on Feb 18, 2012 10:56 AM EST up reply actions  

.

When I stand before God at the end of my life, I would hope that I would not have a single bit of talent left, and could say, 'I used everything you gave me'.
Erma Bombeck

by ComfortHePuHuTh on Feb 17, 2012 3:12 PM EST up reply actions  

Is that my autographed copy, sweetie?

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 17, 2012 3:20 PM EST up reply actions  

xoxo

check this out:
http://en.wikipedia.org/wiki/List_of_peop
le_with_the_longest_marriages

When I stand before God at the end of my life, I would hope that I would not have a single bit of talent left, and could say, 'I used everything you gave me'.
Erma Bombeck

by ComfortHePuHuTh on Feb 17, 2012 3:24 PM EST up reply actions  

it's a huge benefit to my company

I run a sport and social club and FB is right in the money market – 20 – 35 year olds. Great way to promote and advertise for no cost.

We have little tranquility but tons of tranquilizers.

by mikeissurreal on Feb 21, 2012 2:51 PM EST up reply actions  

Also

Bill of Particulars = a beautiful and under used pleading.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 10:45 AM EST reply actions   2 recs

Who rec'd this?

Does my old boss read BSD?

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 12:57 PM EST up reply actions   1 recs

I did for one

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 21, 2012 4:20 PM EST up reply actions  

This is definitely wishful thinking...
We can only hope that the dismissal of the charges will receive the same publicity that was aimed at PSU when these bogus charges were filed.

I definitely do not seeing the same amount of publicity by the MSM if/when these charges are dismissed. It may be mentioned, but College Ave will not have the line up of TV trucks and Old Main lawn won’t be littered with reporters again. At least not yet. Maybe at the conclusion of the Sandusky trail when the verdict is read.

Penn State... from the outside you can't understand it, and from the inside you can't explain it.

by tadhg on Feb 15, 2012 10:53 AM EST reply actions  

Student response won't be there

If all this hullabaloo wasn’t enough to essentially ex-communicate Sandusky from Penn State (yes, I know it’s not a church, just couldn’t think of a better word), the current seniors were probably 9 or 10 years old when he last coached a game. I imagine that group hates Sandusky the Abuser but couldn’t care much less about Sandusky the Man.

And I’m assuming here, but most people don’t even acknowledge Sandusky the Penn Stater any more.

by kflintosh on Feb 15, 2012 11:00 AM EST up reply actions  

I don't see how Paterno's death changes anything

I think these perjury charges are bogus, but I don’t see what has changed that is different now from the preliminary hearing other than that Joe Paterno has passed away, but I don’t see how his testimony really matters very much to either case. It only comes down to what McQuery told Schultz and Curley, doesn’t it?

by reedjohnmiller on Feb 15, 2012 11:04 AM EST reply actions  

I would think so

Joe wasn’t in the conversation, so he could theoretically testify to what MM told him, but all parties acknowledge he was not in the MM/Curley/Schultz conversation, so his testimony would be irrelevant in regards to that conversation.

by kflintosh on Feb 15, 2012 11:08 AM EST up reply actions  

Paterno

supposedly testified that he said something to Schultz – hearsay from other sites.

by M1EK on Feb 15, 2012 11:09 AM EST up reply actions  

Paterno's GJ testimony was read into the record at the Preliminary Hearing.

I don’t know the specific answer to this, but it’s available if you’re interested. And it’s like five pages of testimony, there is really not all that much to it.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 11:13 AM EST up reply actions  

Schultz' testimony is much more interesting.

…if you’re entertained by train wrecks, that is.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 15, 2012 11:16 AM EST up reply actions  

I just read it.

Unless I missed it, the word “Schultz” does not appear in Paterno’s testimony in any context.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 11:18 AM EST up reply actions  

Nope.

Paterno’s testimony spans pages 173 to 178. There’s a mention of the name Schultz on line 3 of page 173 (when they’re laying out the agenda for the reading of the Grand Jury testimonies) and no other mention of the name until page 180.

Every document needs a word summary at the end.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 15, 2012 11:41 AM EST up reply actions  

Heat maps of key words

would be nice.

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 11:43 AM EST up reply actions  

Seriously, it's less than five pages.

That’s how little the DA thought his testimony mattered.

For instance, when I summarize my clients testimony in a child support case, in a hearing that is limited to 20 minutes, that testimony is usually about 8-12 pages long. That’s off a list of questions that would be less than two pages long. Or something that would take me less that a half hour to prepare.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 11:53 AM EST up reply actions  

Solid sources

"We gon' get down. We gon' do the do. I'm going to hit these mother****ers" - Dock Ellis, May 1, 1974.

by OctaShields on Feb 16, 2012 12:11 AM EST up reply actions   2 recs

My understanding is

Basically, they want to show that MM told other people that what he saw was sexual in nature. If they can show that his story was fairly consistent in that regard (his father, Joe, etc) then it would stand to support the idea that he would have told Schultz and Curley the same thing.

by ppfcpp on Feb 15, 2012 9:58 PM EST up reply actions  

The biggest problem

for the state is Joe Paterno no longer being alive to testify (presumably corroborating). All the rest of this is conspiracy theory garbage – but Joe not being around is a serious problem for the prosecution.

I voted “Not Sure” because of this. I’m fairly sure your rationale above is a load of nonsense, but the charges may still be dropped because of Paterno.

by M1EK on Feb 15, 2012 11:08 AM EST reply actions  

Paterno was the corroborating witness.

Without him I think their case goes to shit. I mean there could be some other corroboration that we’re not aware of, but that is the purpose of the Bill of Particulars. If Paterno is all they had they are probably out of Court, but if they have something else, they need to spill it.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 11:11 AM EST up reply actions  

I'm in need of some clarification.

Do we believe that Curley, Schultz, or McQueary told Joe particulars of what was discussed in their face-to-face meeting?

Absent that, it seems that the only corroboration Joe could have provided would be what he told Curley / Schultz as being the reason for setting up the meeting in the first place — the fondling / inappropriate / something-sexual testimony. If this is the case, my next question is “would that have been sufficient corroboration to support a perjury conviction?”

by CvilleLion on Feb 15, 2012 11:22 AM EST up reply actions  

I'm not sure.

My guess is that it has to do with “fondling…contact of a sexual nature”. They didn’t need to hear SODOMY!!!!! but if Paterno told them something of a sexual nature, in conjunction with McQueary’s testimony, it becomes more clear the that Curley & Schultz weren’t told “horsing around”.

Or, Paterno and McQuerey didn’t have to tell Curley & Schultz the same thing for Curley & Schultz’s testimony to be perjury.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 11:32 AM EST up reply actions  

IMO

Horsing around came from Sandusky when they, or one of them, talked to him and for whatever reason they just believed him. Terrible really for both.

by FB6244 on Feb 15, 2012 11:48 AM EST up reply actions  

McQueary is obviously the key

If Mike told them he could not see hands or genitals
If he told them he only caught two 1 or 2 second glances of a back
If he told them he only heard 2 or 3 slapping sounds
How were they supposed to see the crime in that?

So they questioned Sandusky and passed it on to his boss at his place of employment where the children he was in contact with came from and they were the people with the expertise in handling disadvantaged children who were paying the guy $467,000 and Raykovitz was the man closest to Sandusky and was a trained Dr of Psychology.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 15, 2012 11:57 AM EST up reply actions  

As to perjury your asking the wrong questions....

Mike McQuery could have reported to Schultz that he was the second shooter on the grassy knoll in 1962. If McQuery and Schultz lied to the grand jury about having been told that, it’s perjury. The veracity of McQuery’s statement means nothing in the context of the perjury trial.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 12:45 PM EST up reply actions  

This is about a 10 or 12 minute meeting 10 years ago

with no note, recordings or minutes.

Curley and Schultz seem to concur on the content of that meeting and their belief that no criminal activity was revealed is what they testified to before the Grand Jury.

They were certain that reporting the incident to Raykovitz and Second Mile was the appropriate thing to do along with barring Sandusky from bringing kids to the campus. ACTIONS SPEAK LOUDER THAN WORDS

These are the actions they took based on what they thought they were getting from McQueary.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 15, 2012 1:03 PM EST up reply actions  

Like I said.

They could have been guided by Jesus himself into performing the absolutely morally correct actions. But if they lied to the GJ about what MM told them, they committed perjury.

At it’s core, the perjury charge is a technicality, a footnote to the whole story. It has no bearing on whether anybodies actions were correct or not.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 1:25 PM EST up reply actions  

That's the point

who lied?

Well it’s Curley and Schultz vs McQueary with no possibility of corroboration.
Even if JoPa told them the boy was brutalized it doesn’t change what they say they heard from McQueary

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 15, 2012 1:56 PM EST up reply actions  

It deals with their credibility as to what they say they were told.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 2:06 PM EST up reply actions  

First let's deal with Paterno's Testimony


In his testimony read into the record this is all we have to go on for what Paterno said to Tim Curley and Gary Schultz

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 15, 2012 5:48 PM EST up reply actions  

There is no way that testimony corroborates

any statement made by Mike McQueary because there are no particulars in what he said

Remember we are questioning the memories of 10 minute meetings in 2002 some 10 years back now.
Joe talked about not knowing what Mike meant and avoiding the specifics – something that may have included fondling – which he did not know the specific definition and possibly something sexual.

But Joe deliberately avoided knowing the specifics according to his testimony and he is never specific in his testimony about what he said to Curley and Schultz

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 15, 2012 5:52 PM EST up reply actions  

He doesn't have to know the specifics.

Moreover, he was not supposed to die. The relevant testimony would have been what he testified to at trial, which now, obviously he won’t.

Like I said, it simply doesn’t ring true to me that MM did not tell them that he saw something sexual. They may not have found his report credible, but I don’t buy that he didn’t tell them.

Also, I have no interest in Tim Curley or Gary Schultz walking on this.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 8:11 PM EST up reply actions  

Regrettably maybe - Curley & Schultz = PSU in this
I have no interest in Tim Curley or Gary Schultz walking on this.

and I think you’ve made that quite clear.

I’ll wager almost anything that MM did not tell them what the prosecution says he did in the presentment. He may have said he thought it was something sexual in nature
But ACTIONS speak louder and he left the boy there and said nothing to either Sandusky or the boy. His actions seem to be inconsistent with his beliefs or suspicions.

I am satisfied that Curley and Schultz did what should have been the right thing by putting this in the Second Mile court. McQueary probably told them about the 2 glances and the 2 or 3 slaps and it did not matter what he suspected at that point as far as they were concerned.

I can hear them saying to each other “what would we tell police”? We have a young coach who suspects something but left the boy with Jerry after seeing his back for a couple of seconds and who thinks 2 or 3 slapping sounds is rhythmic and sexual?

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 15, 2012 8:26 PM EST up reply actions  

I’ll wager almost anything that MM did not tell them what the prosecution says he did in the presentment.

Doesn’t matter.

He may have said he thought it was something sexual in nature

Bang. Perjury.

What Mike McQueary said isn’t really the issue. The issue is whether they lied about whether or not they were told about something “of a sexual nature”.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 8:30 PM EST up reply actions  

Now I think Aurabass is getting at the likelihood of conviction.

If McQueary has changed his story about what degree of detail he gave them, then he is very impeachable. But if that is the sole issue, they need to go to trial.

"Today we have experienced a great loss. This loss is incomparable to what we gained from coach Paterno." - Mike Wallace

by PSUinBOSSton on Feb 15, 2012 8:32 PM EST up reply actions  

Likelihood of conviction is a totally different story.

The case against those two is probably pretty weak.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 8:39 PM EST up reply actions  

That isn't right Jesse

Curley said he could not recall the exactly words used in a 10 min meeting 10 years ago. He said his recollection was that Mike was upset about the inappropriate nature of a grown man with a boy in a PSU shower late in the evening.
Whether Mike said it was of a sexual nature was not asked in the Q&A. What was asked was if it was A. I . as stated in the Presentment and Curley says “Absolutely NOT that he did not tell me that”
This is the only specific refutation in the transcript. Nowhere else is there any specific answer about what he was told. He says clearly in the bottom page of the transcript below he doesn’t recall specifics only his impression that some playful horsing around that was inappropriate is what he though was being described.
That is NOT PERJURY PERIOD

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 16, 2012 12:28 AM EST up reply actions   1 recs

It seems likely to me

that Curley’s recollections of those events has mixed up what he heard from McQueary, Paterno and Sandusky. He simply did not find whatever MM told him to be that memorable except he knows for certain he was not told about A_ _ _ Int _ _ _ _ _ _ _ _. as described in the Presentment.

Mike could have said “possibly sexual” or Paterno could have said that but those words in those two meetings and subsequent conversations with Paterno were not memorable for whatever reason. The qualifier “possibly” or “I suspected” probably were enough to dismiss that factor from the reality of 2 second glances, slapping sounds, and Mike leaving in a hurry. But he was not asked “Did Mike tell you he suspected it might be sexual in nature”? by the prosecutor so he did not have to provide an answer to that under oath.

He said to the best of his recollection it was inappropriate – horsing around – playful – and I’m pretty sure that came from Sandusky’s explanation. Mixing up the source of his perception of brief meetings a decade back is not a crime.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 16, 2012 2:43 PM EST up reply actions  

Isn't a pain

that we can’t easily cut n paste from that PDF?

by cs93 on Feb 16, 2012 1:03 AM EST up reply actions  

So let's go over Curley's Grand Jury Testimony




McQueary asserts that he was emphatic about some kind of intercourse and here the prosecutor asks and Curley is emphatic that he heard nothing of that sort. It’s clear the prosecution used that terminology in the presentment and they feel that Curley and Schultz were told about a specific type of assault.
I think we all know that Mike has been all over the place in his depictions of what he observed in two 1 or 2 second glances after hearing 2 or 3 slapping sounds.

Curley states at the beginning he has no clear recollection of what specifically was said but in trying to get to a solution to the problem I believe he offered his best explanation of his thought process leading up to 1) Informing Spanier
2) Informing Sandusky of the decision that he would not be allowed to put them in this position again
and in my mind most importantly
3) Turning it over to Jack Raykovitz and The Second Mile because Jerry was their employee or consultant. Second Mile was the place where the kids were the responsiblity and Second Mile had the relationship and expertise to deal with this problem

Curley did not believe Mike’s observations constituted evidence of criminal activity. He believed it was inappropriate social activity not suitable for Penn State and he wanted Raykovitz and Second Mile to deal with it.

I think that is perfectly acceptable under the circumstances. It’s a pro active reasonable response.
And as far as perjury goes Curley could have said “I do not recall” but he tried to back his way through his actions to the reasoning behind them without having a specific recall of the words used by McQueary but he knew for certain he did not hear what the prosecutors put in the presentment.

This is not a viable perjury case and our hindsight may lead us to wish Tim and Gary had done it differently but given the same set of circumstances I believe I would have assessed Mike’s rather crazy statements about a 45 second locker room visit and two glances and I would have gone to Raykovitz because it truly was his problem.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 15, 2012 6:09 PM EST up reply actions  

MM's crazy statements...

A sample of his testimony at the preliminary hearing:

Q: You indicated that there was no question in your mind that you observed a sexual act?
A: No question.
Q: Between Jerry Sandusky and a young boy?
A: That’s right.

Except this is a lie. A flat-out lie that he himself refutes in other places. He didn’t see an “act”. Did not see it. He wants to believe he saw it. He thinks he saw it. He’s ashamed he might have seen it. But he didn’t observe a sexual act.

And once he lied to himself, it was easy to lie to others, which he did and continues to do. IMO, as unfortunate as it is, therein lies the seed of our discontent.

Humanum est pati.

by Smee on Feb 15, 2012 6:30 PM EST up reply actions   1 recs

excellent point Smee

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 15, 2012 7:33 PM EST up reply actions  

That's semantics.

Could just as easily be: “I observed what I believed to be a sexual act”.

Under cross-examination, you could get into more details, but that is not a lie.

And those of you who keep saying he’s a liar have a lot to answer for.

by M1EK on Feb 16, 2012 1:26 PM EST up reply actions   1 recs

He's at best...

inconsistent with what he says he saw.

"Never hold discussions with the monkey when the organ grinder is in the room." - Churchill

by Esteban d' Amur on Feb 16, 2012 4:13 PM EST up reply actions  

If only I would've caught this sooner,

I could’ve rec’d your first comment and made you think you were successful. That would have been entertaining. Have a couple rec’s anyway for admitting when you’re wrong!

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 17, 2012 3:49 PM EST up reply actions  

isnt saying

“theres no question it was a sexual act” and “i believed it to be a sexual act” different?

by swiggy04 on Feb 16, 2012 4:19 PM EST up reply actions  

No.

Not necessarily inconsistent. Cross-examination would tell you one way or the other. “I had no doubt it was a sexual act” is consistent with “I believed it to be a sexual act”. He could have simply been asked “Did you believe it was a sexual act” in the second case.

by M1EK on Feb 20, 2012 9:05 AM EST up reply actions  

As far as the actual meeting with McQueary

He says they “got the information from Mike about the activity, what he saw” and that is IT. Everything else is his recollection of what Mike told Joe – a conversation he did not actually witness! So while it may be an erroneous translation of the conversation, I can’t see how it is a purposeful fabrication.

by cs93 on Feb 16, 2012 1:09 AM EST up reply actions  

Must it just be lying?

Or does it have to be purposely lying with intent to deceive? I thought the standard for perjury allows for imperfect recollection. This was discussed previously, but not sure how we nailed it down.

by cs93 on Feb 16, 2012 1:02 AM EST up reply actions  

Unless the state's entire case is

riding on one eye witness’s testimony. Then the standard is whatever is needed to make that witness’s testimony as ironclad as possible. Anyone refuting that eyewitness is an enemy of the state and will pay for getting in the way.

"If there’s a villain in this tragedy. It lies in that investigation, not in Joe Paterno’s response to it," ~ Phil Knight

by rahpsu92 on Feb 17, 2012 12:36 PM EST up reply actions  

It does require intent

and so far I’ve seen nothing in Curley’s GJ testimony that constitutes “lying”.
Trying to get perjury out of a muddled recall of a 10 minute meeting with McQueary and the rather obvious mixing of his statements with those of Paterno and Sandusky is simply not the way the law was designed to work.

That’s why the AG levied the BOGUS “Failure to Report” charge – in order to supply a motive for a lie to the Grand Jury. Otherwise they have to show that some kind of cover up conspiracy was in effect between Joe, Tim Gary and Graham to protect the program and PSU. That’s a wild stretch given the lack of any action to silence McQueary.

The truth is that Curley did not lie and his qualified statements about his lack of a clear recollection and his impressions from that meeting. He and Gary came away from that 10 minute encounter thinking that Mike did not observe a crime. He may have said he suspected something sexual but his glances and slaps were insufficient. Joe and Sandusky likely used the “horsing around” description they attributed to Mike but that does not constitute a deliberate lie. – it’s just faulty memory. And it’s understandable since they were predisposed to think of Sandusky as a benefactor to underprivileged kids instead of a predator. And Mike has already shown a reticence to be emphatic and clear about his suspicions by what he said to Joe and to Dr Dranov.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 17, 2012 12:53 PM EST up reply actions  

two things

1) why would anyone be on the grassy knoll in 1962?

2) MM could say a whole bunch of stuff whether its true or not and Schultz/Curley could tell the GJ anything they want that defies what he said. If no one is there to say they heard MM tell Schultz/Curley this, there is no way to prove they ever heard it and therefore, that they lied under oath.

MM could blatantly tell Curley or Schultz that he saw intercourse. If Curley or Schultz is asked “Did he tell you he saw intercourse?” They can still say no without it being perjury, because there is no proof that he said it to them, other than the guy who is saying he said it. It is a specific element of perjury that it be corroborated by a separate witness. In this case all you have is MM. I dont even think JoePa could corroborate since he wasnt at the meeting.

Further, do we know exactly what statements they are being accused of perjuring themselves of? (Im asking I dont know I havent followed this portion too closely). There is a mental aspect to perjury. He has to know he is saying something false. For example If he was told by MM that he saw horsing around and he was asked at the GJ if MM said he saw “actions of a sexual nature” and his reply was no, its not necessarily perjury. You might define horsing around while naked sexual in nature, but he may have thought of that description differently.

by swiggy04 on Feb 16, 2012 4:12 PM EST up reply actions  

1) why would anyone be on the grassy knoll in 1962?

Planning ahead?

by CvilleLion on Feb 16, 2012 4:22 PM EST up reply actions  

Exactly.

"I think what the university did to him was grossly wrong" -- Mike Ditka

by SubLime on Feb 16, 2012 4:26 PM EST up reply actions  

That's why the defense is asking for the particulars

What statements by Curley or Schultz constitute perjury?

The testimony is available for everyone to read and anyone who wants to support these charges can present those statements here.

So far all I see from Curley is a characterization of what he says he recalls from the meeting. If he does not recall the words “sexual” or “fondling” it does not mean he denies they might have been used – it only means he does not recall them. But he is never asked if he heard those words. He is only asked if he was told about A I and he says he definitely was not.
McQueary has already said he did not use those words.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 16, 2012 5:16 PM EST up reply actions  

Prosecution:

“Aw crap, do we really need to give the defense specifics? Why can’t these guys just shut up and go away, they’re totally screwing up our case.”

"If there’s a villain in this tragedy. It lies in that investigation, not in Joe Paterno’s response to it," ~ Phil Knight

by rahpsu92 on Feb 17, 2012 12:38 PM EST up reply actions  

Fondling is a bit vague, is it not?

Could be sexual or just very creepy/potentially sexual?

All of this legal discussion makes my brain hurt. Clearly it’s not simple and I wish more of media would grasp that.

by reedjohnmiller on Feb 17, 2012 12:47 PM EST up reply actions  

Keep in mind

MM didn’t see fondling.

Humanum est pati.

by Smee on Feb 17, 2012 2:38 PM EST up reply actions  

If I were the defense

I’d claim the “rhythmic slapping” was the kid slapping his foot in the water. There are times when I still stomp through a puddle, rather than walk around it, just to make the water fly.

/Bigkidatheart

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 17, 2012 2:41 PM EST up reply actions  

Back in my day...

or maybe it was just my family or town, ‘fondling’ was the catchall term for any kind of child sexual abuse. It wouldn’t surprise me in the least if other people from Pennsylvania about my age (Mike McQueary, I’m looking in your direction) would use the word thinking it carried the full weight of saying molestation or something like that.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 17, 2012 4:03 PM EST up reply actions  

Here's what gets me

Why is what McQueary told Paterno not only admissible re: the perjury charges, but considered by some to be vital to the case…meanwhile, Dranov’s testimony was ruled as inadmissable.

Paterno wasn’t there for the meeting that one would have to believe is the subject of the perjury (the meeting between McQ, Curley and Schultz). He can’t corroborate what McQueary said, or what C&S heard any more than Dranov could. I guess his role as corroborator could be cleared up if the prosecution ever gets around to saying exactly what the perjured statements pertain to…

"We gon' get down. We gon' do the do. I'm going to hit these mother****ers" - Dock Ellis, May 1, 1974.

by OctaShields on Feb 16, 2012 12:18 AM EST up reply actions   1 recs

Well as far as the Preliminary Hearing went

the judge was basically hearing testimony provided by the prosecution to see if enough evidence existed to bind them over for trial.

IF the perjury trial is held the defense will call Dr Dranov and everyone else they can find who heard some account from McQueary

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 16, 2012 12:37 PM EST up reply actions  

Paterno as corroboration is a strain in and of itself

He was not a witness to the conversation in question. Unless Curley and / or Schultz told Paterno after the fact that something more explicit was told to them by McQueary, then what corroboration could he possibly provide?

GO IOWA AWESOME

by ckmneon on Feb 15, 2012 1:15 PM EST up reply actions   1 recs

No it's not.

Inconsistency in Paterno and McQueary’s story is not relevant. I’ll use the above example again;

McQuearey – I was the second shooter on the grassy knoll in 1962.
Paterno – McQueary says he was in Dallas in 1962 and he may or may not have killed somebody.

Those stories are different, but consistent. They are different from….

Curley & Schultz – I was told that Sandusky was screwing around with a 12 year old in Dallas in 1962.

Both McQueary’s and Paterno’s statements require action. Either both McQueary and Paterno are lying, or, chances are, Curley and Schultz perjured themselves as to what they were told. Again, only what they were told matters, the veracity or ultimate truth of the statements is wholly irrelevant in the perjury context.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 1:22 PM EST up reply actions  

I concur that McQueary and Paterno's stories are not inconsistent

I don’t agree that they’re relevant to perjury. The perjury charges stem from a conversation that Paterno was not a witness to. It’s Schultz and Curley’s testimony about what was stated in that conversation from which the perjury charges come.

If Paterno was told after the conversation took place by either Schultz or Curley that McQueary had told them, “zOMG SODOMY,” or anything else of a sexually explicit nature, then it would be relevant, but probably even then falling short of proof unless both of them did. Even then, I haven’t seen any evidence that Paterno was briefed on the level of sexual explicitness after the conversation in question took place.

What Paterno was told after the conversation McQueary had with Schultz and Curley is very relevant to the Failure to Report charge, because it would speak to what Curley and Schultz believed they were told, irrespective of what they were in fact told.

GO IOWA AWESOME

by ckmneon on Feb 15, 2012 1:34 PM EST up reply actions   1 recs

This isn't the point.
The perjury charges stem from a conversation that Paterno was not a witness to

They both (JVP & MM) say that they told Curley & Schultz something beyond “horsing around”. Ergo, if MM told JVP something beyond “horsing around”, and JVP told Curley & Schultz something beyond “horsing around”, why would MM tell Curley & Schultz “horsing around”?

It’s corroborating evidence. It’s circumstantial, but I think it’s enough.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 1:41 PM EST up reply actions  

The statement from Paterno that you're referencing

was concerning his conversation with McQueary that prompted Paterno to set up a meeting between Schultz, Curley, and McQueary. It was no statement of fact whatsoever concerning what MM told Schultz and Curley.

As you’ve already said, the actual facts about what actually happening concerning the alleged victims and Sandusky are irrelevant to the perjury charges.

That’s why I call it a strain. You have to make the assumption that just because Paterno’s recollection of his conversation with MM referenced “something of a sexual nature” that “something of a sexual nature” was actually told to Schultz and Curley. Possible? Sure. Corroboration? Barely at best, because it necessarily involves the above assumption.

GO IOWA AWESOME

by ckmneon on Feb 15, 2012 1:49 PM EST up reply actions   1 recs

My question above here a little

Why then was Dranov’s testimony inadmissible. Both were willing to testify as to what they were told, directly, by Mike McQueary. Both were circumstantial. Was it inadmissible only because it was a preliminary hearing, but would presumably be allowed at a full trial? Otherwise, I’m struggling to see why Paterno’s testimony is in a legally favored position over Dranov’s.

"We gon' get down. We gon' do the do. I'm going to hit these mother****ers" - Dock Ellis, May 1, 1974.

by OctaShields on Feb 16, 2012 12:23 AM EST up reply actions  

Because he was CEO of Penn State Football, Inc.

by cs93 on Feb 16, 2012 1:11 AM EST up reply actions  

Good question

I suppose it’s because Paterno’s testimony helped establish the timeline.

The better question might be, why was John McQuery’s testimony admitted but not Dranov’s. Dranov and John McQuery were in the same conversation with Mike McQuery, were they not?

by reedjohnmiller on Feb 16, 2012 1:39 PM EST up reply actions  

I believe Dr. Dranov's testimony was for credibility.

The prosecution didn’t feel his testimony was necessary to support their case in the preliminary hearing. The only reason the defense would call him would be with the intent of discrediting McQueary’s testimony. Since you are not allowed to challenge the credibility of a witness in a preliminary trial, his testimony was not allowed. I believe it will be allowed during the criminal trial when the defense is allowed to attack the credibility of the witnesses.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 16, 2012 2:05 PM EST up reply actions  

We won't know that until we know the question and answer that the perjury charge is based upon.

If the question was, “Did anyone tell you that something sexual was happening?”. And they answered, “No, we were consistently told they were just horsing around in the shower.” Then it matters, and Paterno is a corraborating witness. If it was, “Did McQueary tell you that something sexual was happeing?” Then you are correct.

"Today we have experienced a great loss. This loss is incomparable to what we gained from coach Paterno." - Mike Wallace

by PSUinBOSSton on Feb 15, 2012 1:49 PM EST up reply actions  

You're right

I was taking the GJ presentment literally

GO IOWA AWESOME

by ckmneon on Feb 15, 2012 1:52 PM EST up reply actions  

Even if this is the question...
Did McQueary tell you that something sexual was happeing?

Paterno’s testimony would have been corroborating evidence that MM told them something sexual was happening. Keep in mind, just because it’s evidence, doesn’t mean it’s great evidence. Your arguing weight, not relevance.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 1:55 PM EST up reply actions  

I guess I'm just not clear on the corroboration requirement of PA law.

If you need actual corroboration, 2 first hand witnesses, and the question was phrased only as to the single private meeting with MM, then I weight never even comes into play. You are correct that it’s relevant no matter what, absolutely. But that’s an insanely low bar.

"Today we have experienced a great loss. This loss is incomparable to what we gained from coach Paterno." - Mike Wallace

by PSUinBOSSton on Feb 15, 2012 2:02 PM EST up reply actions  

It is a low bar...

But I think it gets you to trial. If written entire briefs, that could be summarized with “I didn’t say it was strong evidence”.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 2:04 PM EST up reply actions  

You could very well be correct.

But I don’t know the PA case law on the corroboration requirement. I guess I was assuming whether it has to be a first hand witness to the perjury testimony or not is settled law. Which is not necessarily true. If the statute were brand new I would say we would have a bench decision and an appeal to the top court for clarification. But I have no idea.

"Today we have experienced a great loss. This loss is incomparable to what we gained from coach Paterno." - Mike Wallace

by PSUinBOSSton on Feb 15, 2012 2:06 PM EST up reply actions  

I honestly don't know.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 2:07 PM EST up reply actions  

false statements under oath

CAN NOT be established by uncorroborated testimony of a single witness, unless they are inconsistent statements under oath.

Ergo, MM alone cant say they are lying. someone else has to know they are lying and say they know MM said it to them that way, or its uncorroborated and the case is dismissed.

by swiggy04 on Feb 16, 2012 4:26 PM EST up reply actions  

corroboration is an element of the perjury offense

meaning if it doesnt exist, the crime never occured and the charge can be dropped

by swiggy04 on Feb 16, 2012 4:27 PM EST up reply actions  

That's how I see it too

and as far as I can tell Curley was careful to qualify his characterizations as ‘the best he could recall’ and being completely unspecific except for saying “absolutely not” when asked about the McQueary Presentment statement of seeing A. I.
He basically gave his interpretation in summary of what he got from the meetings with Paterno, McQueary and Schultz without ever saying that he did not hear ‘sexual’ or ‘fondling’. He was never asked if he heard those specific terms.
Thus even if another witness can corroborate a statement made by McQueary to Curley it still does not make Curley a perjurer. He did not recall that specifically or he did not accept it as key to the testimony. He never says he did not hear it.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 16, 2012 5:11 PM EST up reply actions  

We'll just have to agree to disagree

I still think the only way it’s corroboration is if you assume that just because Paterno’s recollection of his conversation with MM referenced "something of a sexual nature" that "something of a sexual nature" was actually told to Schultz and Curley. If you don’t make that assumption, it’s only borderline relevant.

GO IOWA AWESOME

by ckmneon on Feb 15, 2012 2:05 PM EST up reply actions  

And let's remember

“corroboration” is required for charges. Proof beyond reasonable doubt is still required for conviction.

GO IOWA AWESOME

by ckmneon on Feb 15, 2012 2:10 PM EST up reply actions  

I agree.

But my personal opinion, and the opinion I’d have if I were a Judge, would be to let the jury decide.

I mean, come on. He told his dad, JVP and the Grand Jury that he saw “something of a sexual nature” but tells Curley & Schultz “horsing around”. That doesn’t make any sense, and we’re not required to abandon all common sense to the rules of admissibility.

I don’t believe Curley and Schultz, and and one of the reasons is Joe Paterno’s testimony. I can’t see dismissing the case on a sufficiency/weight of evidence charge. But if goes the other way I’d certainly understand why it did.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 2:16 PM EST up reply actions  

"Sexual in nature" is a bit vague

It could mean that he was concerned that what he saw was sexual, or that was just very creepy and creepy because of the sexual possibility. But nobody can say with any certainty it is sexual if the witness didn’t see the guy’s Johnson.

A naked dude “horsing around” with a naked kid in the shower is not “appropriate,” as Curley said in his testimony. And the reason we all agree that it’s not OK is because the specter of sexual abuse looms large in that situation. You know, it’s just creepy, right?

But there are non-sexual interpretations of that (not many, but a few). So there’s a gap there between merely “inappropriate” and “criminal.” Not a wide gap, but enough to see daylight. Curley seems to be saying in his testimony that this is where he thought this incident landed.

Most people worried about legal liability, not to mention moral responsibility, would say that that’s still too close to criminal to feel completely confident that it’s not. Even if he really thought it was “horsing around,” I’ll never understand why Curley, Schultz, and Spanier didn’t forsee potential legal problems arising from this.

BTW, there’s also a possibility that it was sexual but not rape. The only way to really know that would be to see inside the mind of the alleged molester.

BTW, the habit of sticking “in nature” after an adjective is a bad habit that has crept into our language. It doesn’t help the sentence at all. It’s like saying that today’s weather is “rainy in nature.” If “it was sexual in nature,” just saying “it was sexual” means the same thing and uses fewer words.

by reedjohnmiller on Feb 16, 2012 1:24 PM EST up reply actions  

I agree with what your overall point,

however the “something of a sexual nature” is not something I hold in absolute. Yes, Paterno said it, and I believe that was his understanding of the initial allegations (which is the only thing that is relevant to the perjury charges), however there has been no clarification whether those were his words, or merely what he conveyed.

If the sexual nature was merely something insinuated and not expressly stated, there’s really no way you can make this perjury case. You can not prove that someone picked up on the insinuations and intent of what McQueary said unless he used explicit terms, which it seems was not the case. I also think this should go to trial, not because Curley & Schultz are guilty, but I don’t think the current situation meets the standards for dropping the charges and if they are dropped now it will offer no absolution for anyone involved.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 16, 2012 1:58 PM EST up reply actions  

Yes and no

I agree that for PSU it would be best if this went to trial and all of the facts came out and Curley and Schultz are found not guilty.

But it concerns me more generally that at each step along the way, the prosecution has only been asked to meet a very low bar to push these charges to the next level. This is costing the university and the state a lot of money and it seems almost certainly doomed to fail. It worries me that the law makes it all too easy for people to get carried away in a river of shit that they didn’t really create.

If I’m not mistaken, the perjury charges were in the same GJP as the charges against Sandusky and, again if I understand this right, all that is needed to “ratify” (or whatever the word is) that GJP is a majority vote.

So the prosecution whips up this long story of lurid details of crimes against children and then throws in these perjury charges just to bolster McQuery’s credibility (as a witness of an incident against a kid who has not come forward). The majority had to vote for it because they wanted to see Sandusky tried for these crimes.

They did determine, according to the GJP, that Schultz and Curley weren’t credible, but for all of these reasons were discussing, that’s a rather difficult judgement to make with the evidence they had. It’s all very murky. I doubt they gave it very much thought.

by reedjohnmiller on Feb 17, 2012 1:00 PM EST up reply actions  

"ratify" (or whatever the word is)

Since this thing has a clearly Inquisitorial tone, why not “place their imprimatur on?”

"I think what the university did to him was grossly wrong" -- Mike Ditka

by SubLime on Feb 17, 2012 1:07 PM EST up reply actions   2 recs

I think the perjury charges are intended to serve a bigger purpose.

The specific purpose is debatable as you can consider it merely to support the Sandusky charges or you can attribute it to political purposes to deflect blame from Corbett. Either way, they concern much more than simply contradictory testimony.

I agree regarding the low bar to push these charges, but that low bar is meant for a reason. The grand jury process isn’t typically part of a perjury case, and none of these incidents typically get the amount of attention that these charges have got. If people weren’t trying to use the preliminary trial as a means to access information about Sandusky that has been withheld, and also using the perjury charges to indicate this was a cover up, nobody would know about these charges or this trial. It’s the larger picture that puts all the emphasis on these charges, which I believe to be incredibly weak from a conviction standpoint.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 17, 2012 1:07 PM EST up reply actions  

That makes me feel better

I just don’t like the idea that it’s very easy to be accused of perjury and then be forced to hire an expensive lawyer and the whole bit.

I haven’t really given much thought to the Corbett/Kelly “bigger purpose” stuff. I think its plausible, but I don’t see a ton of evidence for it yet beyond motive, so I’m just leaving that alone for now.

I’ve thought Corbett was a giant douchenozzle of a corporate whore long before this stuff came into the news and there’s never been the slightest chance that I’d vote for him anyway. So his role in this doesn’t have much practical bearing on my feelings about him or Kelly.

by reedjohnmiller on Feb 17, 2012 3:49 PM EST up reply actions  

Anything legal is frightening to me.

So much time and money get tied up in it, and in regards to Schultz and Curley, the best you get for that time & money is a “not guilty” verdict and public doubt.

Regarding Corbett, I haven’t gone down the path of any motives yet other than the AG is trying to make a name for herself and Corbett gets recognition and political exposure out of it. I do think there is a lot of potential for malicious motives, I’m just waiting for more information before going down that road.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 17, 2012 4:04 PM EST up reply actions  

Which statements of Curley and Schultz Jesse?

What is it specifically that you don’t believe?

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 17, 2012 1:01 PM EST up reply actions  

I believe the Mike told them enough that they should have reported it to the police.

Whether it was fondling, or OMG RAPE!!!!, or nebulous creepy activity, I do not believe that Mike only told them “horsing around” such that their actions (or lack thereof were acceptable). I think that in their testimony they downplayed what they were told to make their actions seem more reasonable.

Does that amount to perjury? We’ll see. I do not think that either one of them told the truth, the whole truth, and nothing but the truth.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 17, 2012 1:13 PM EST up reply actions  

to be honest

even if Mike only said “naked horsing around in the shower” that should have been enough to report it to the police.

by The JuggerNitt on Feb 17, 2012 1:27 PM EST up reply actions  

Yes, it should have.

But no matter what Mike said he saw, if what he claims he witnessed was what he actually saw, HE should have reported it to police. The whole should they/shouldn’t they debate isn’t relevant to the perjury trial. All this comes down to is whether or not a reasonable person could not attribute the information McQueary gave Schultz and Curley as a sexual act. I think Curley and Schultz can play stupid and be found innocent. It’s only if they try and claim things that are not true and can be proven false that will get them convicted.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 17, 2012 1:36 PM EST up reply actions  

The whole should they/shouldn’t they debate isn’t relevant to the perjury trial.

Correct, but if they down-played what Mike told them before the Grand Jury to make it sound like they didn’t need to call the police, which I believe they did (poorly), then they committed perjury.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 17, 2012 1:39 PM EST up reply actions  

Right.

I think that this is going to be a situation where the verdict may not be reflective of the reality though. I don’t think there’s anything as we stand to incriminate Curley and Schultz enough for a conviction. The only way there will be enough is if they make more statements on the record, which would be foolish.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 17, 2012 1:49 PM EST up reply actions  

Yes, BUT....

If we believe Schultz, he was under the impression that CYS was already on the case. If he really believed it – even if his belief in that was the result of a hallucination – then their actions don’t look so weak.

by reedjohnmiller on Feb 17, 2012 3:43 PM EST up reply actions  

This is a really muddied argument.

This is another tangent that isn’t really relevant to the perjury trial. The follow up actions aren’t relevant to the issue on trial, which is whether Curley and Schultz were told it was sexual (which they’ve denied being told).

Regarding if CYS was on the case, I think it makes his lack of pressing the issue (as far as we know) less wrong, but I still think it’s an issue you press or pass on to an investigator. The only reason I can understand Schultz not pressing this issue further is if he truly didn’t consider it sexual. While in hindsight it was clearly the wrong decision, it could be understandable.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 17, 2012 3:53 PM EST up reply actions  

It goes to motive, your honor! (I think that's how they say it on TV).

He seems to be under the impression that CYS is better equipped to handle these things than campus police. There’s that one bit where he says he’s surprised to learn that the 1998 report was created by his own campus police.

I think it’s somewhat relevant, maybe. The prosecution alleges that their motive for lying to the GJ is to cover the fact that they mishandled the evidence that McQuery gave them (or something to that effect). But if they told CYS, or at least thought they did, than they could honestly believe that they hadn’t mishandled it and therefore had nothing to hide.

by reedjohnmiller on Feb 17, 2012 4:00 PM EST up reply actions  

Actually there was no downplaying

it was a difference in recollections even between Schultz and Curley

Schultz believes someone reported it to a child protective agency

The prosecutor flat out lies to Schultz during his Grand Jury Testimony because the 1998 incident was reported to Child Protective services and they came back with a judgement that no molestation had occurred.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 17, 2012 4:06 PM EST up reply actions  

Schultz's impression was

that during some horsing around or wresting that he knew Sandusky was prone to do that some inadvertent touching of the groin may have occurred.

He did not think the inadvertent touching was enough to constitute a crime but he thinks someone reported it to CYS – the same agency that handled the 98 investigation that the prosecutor says never happened.

So is the Prosecutor committing perjury?

Perjury requires a statement under oath that is a known lie. Poor judgement isn’t perjury. The opinion that what happened did not constitute a crime is not perjury.

Schultz is talking about his recollection of a 10 or 12 minute meeting a decade past and a bad memory isn’t perjury.

The prosecutor never asks specific questions about what Mike said. Schultz offers his memories and recollections and says repeatedly that he does not recall exactly what Mike said. He only knows what he imagined given what he remembers and he imagined horseplay or wrestling with the possibility of some inadvertent touching.

Of course Mike never saw Sandusky’s hands and his use of the term ‘fondling’ to Paterno was in error however Schultz heard the term (likely from Paterno not McQueary) and he thought that was what this was about. But he did not believe it was criminal – only inappropriate


Curley on the other hand is far more circumspect in his testimony. He does not recall the exact wording used by McQueary and it’s clear to me his recall is of three conversations – Paterno, Sandusky and McQueary and his impressions of those combined conversations which he has mixed up in his mind after a decade

I find it difficult to fault anyone for limited recall of a 10 minute meeting that did not appear that serious at the time. Why would they remember it. Mike told them about 3 slapping sounds and 1 or 2 second glances with no observation of any crime. At best he told them of his suspicions and their combined information led Curley to believe it should be handled by The Second Mile and Raykovitz.

Schultz evidently confused this with CYS or perhaps some CYS official was informed. They did not think it was very serious because of what they knew about Sandusky. That may be poor judgement but it is not perjury

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 17, 2012 4:19 PM EST up reply actions  

The transcript images above

can be viewed in full with a right click and OPEN IMAGE IN NEW TAB

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 17, 2012 4:27 PM EST up reply actions  

Jesse - I believe perjury requires a specific

statement under oath that is a known lie

i.e. Did Mike McQueary tell you XXXXX?
answer: No Mike said it was not sexual but just creepy.

Now we have a specific statement the jury can decide is perjury if Curley says NO and Schultz says YES
but even under those circumstances a qualifier like "I’m sorry but I cannot recall exactly what was said or I don’t remember but my impression is _______xxx is sufficient to exclude perjury.

The long and short of it is that there is no Perjury case here. And I believe that both Schultz and Curley were trying to be a forthcoming as possible given a limited memory of a 10 minute meeting a decade in the past they did not find to be that memorable.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 17, 2012 4:34 PM EST up reply actions  

Not to get all M1EK with you...

But if there were no perjury case, it would not have brought forth a Grand Jury indictment, nor would the charges have been bound over for trial after the Preliminary Hearing. I understand that there are politics in play here, and a world of other stuff, but if there was literally no case, the charges would have been dismissed, or never brought.

The strength of the case is certainly questionable. But the Judge has seen fit to allow the case to go to trial, and Tim and Gary will be judged by their peers in a Jury trial. I agree with the Judges decision, and I hope that they get the fair and impartial trial that they deserve. Nothing more, nothing less.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 17, 2012 4:48 PM EST up reply actions  

Not to get all semantical on you

but just because the AG brings charges and the Judge binds them over to trial does not mean the AG has a case.

This is America and anybody can be charged with anything if the AG can get 12 retirees to agree to an indictment in a Grand Jury and have a Judge sign it. Getting such charges tossed out at a prelim hearing is uncommon even with an impartial judge.
The Motion for the Particulars and dismissal will tell us more but I agree completely with the defenses summary in the Preliminary hearing:

and



There is no corroboration and never could be and Curley and Schultz did not make a single statement that approaches perjury. In perjury there has to be precision of the language. Curley and Schultz testified to their impressions of what McQueary said to them based on a decade long ago brief meeting that was of limited importance in their minds. They obviously did not even bother to coordinate their testimony prior to the Grand Jury appearances.
These were not men bent on covering up
They did not believe they did anything remotely wrong. They heard whatever McQueary had to say and judged it to be insufficient to pursue a criminal investigation. That is not a case for perjury.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 17, 2012 5:04 PM EST up reply actions  

Belief

One of the things that stood out to me when this all broke was the number of people who have known Curley for a long time (I remember Lou Prato specifically, but I know there were others) who spoke out in support of Curley. The common theme was that he was a decent person who played by the rules, and the things he was accused of and the bucket of poo that he was being lumped in with were not indicative of his character.

I agree with aurabass here — I do not see this as a coverup, but as an incredibly, colossally, terribly poor decision on their part. It’s justifiable to be angry at them based on results, but I just don’t see the intent there that has been accused.

by kflintosh on Feb 17, 2012 7:56 PM EST up reply actions  

I'll leave it at this.

Lawyers hate to lose. They f@#king hate it. It keeps them up at night, it drives them to drink, it is often their sole motivation in life.

The DA doesn’t make charges with it in his head that his case is total dog-shit. He’s got an argument, the Judge has heard it, and has decided he can take it to a Jury. Perhaps on the basis of the Bill of Particulars the case will be dismissed. We’ll see.

I’ll let the case play out before I decide whether or not the charges are groundless.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 17, 2012 8:49 PM EST up reply actions  

Suppose their agenda is driven more by politics than winning/losing?

Striving for Success with Honor

by Frank O'Brien on Feb 17, 2012 9:28 PM EST up reply actions  

I wonder if the prosecutor on the perjury

case is the same as the prosecutor who handled the Grand Jury testimony. Perhaps he actually believes that Mike told Curley and Schultz that he SAW (explicit A_ _ _ Int_ _ _ _ _ _ _ _ ) as stated in the presentment.
I don’t believe that for a minute but I do think Mike might have led him to believe that. Prior to the preliminary hearing.
I also think that all of this will have jogged Curley and Schultz’s memory of Mike’s actual statements and they will come together with mutual recollections they likely did not have at the GJ testimony.
These are educated intelligent men who had serious demanding jobs in 2002. I imagine they thought the GJ proceeding was not that important for them. Now they have every reason to focus on exactly what was said and done to get their ducks in a row.
Mike could come out of this looking worse and that may be something the prosecution wants to avoid.
Do you think Mike told them he saw A Int as stated in the presentment? I don’t.
I imagine him being ambiguous about his suspicions and specific about exactly what happened as he has been in most of his statements.
Some folks here with the benefit of hindsight blame Curley and Schultz for not going to police and it’s either because they think the idea of a man and boy in the shower at 9pm is enough OR they think Mike actually saw something sexual instead of suspecting something sexual.
I’m stuck with thinking Mike’s 2002 descriptions did not convince anyone – His father, Dr. Dranov, Joe or Tim and Gary that he witnessed a crime or that bringing in police would be a good thing for him and he obviously was not convinced enough of his own observations to go to police on his own.
So if you are going to suspect Tim and Gary of poor judgment do you also hold John McQueary and Dr. Dranov responsible? And what do you think about Raykovitz responsibility?

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 17, 2012 10:27 PM EST up reply actions  

The sad part, of course

being that had Paterno lived and been able to testify, I don’t think the prosecution could have sniffed victory on the perjury counts. So now it’s going to be “they got off because Paterno died and couldn’t testify” and not “they weren’t guilty of perjury”.

"We gon' get down. We gon' do the do. I'm going to hit these mother****ers" - Dock Ellis, May 1, 1974.

by OctaShields on Feb 16, 2012 12:13 AM EST up reply actions   1 recs

That could be a move to anticipate by the prosecution

They may drop the charges and say it is because without Paterno they are not provable.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 17, 2012 1:02 PM EST up reply actions  

I'm still not following

If McQuery told Schultz and Curley he saw a rape, then it doesn’t matter what McQuery told Paterno nor will it matter what Paterno told Schultz and Curley. McQuery was the witness. Whatever he said directly to Curley and Schultz trumps whatever Paterno told Curley and Schultz. Does it not?

I don’t see how Paterno being alive would help the prosecution. The best thing he could possibly say for the prosecution is that McQuery told him that he’s seen a rape and that he told Curley and Schultz that McQuery told him that he’d seen a rape. That would at least support their version. But

a) all of the testimony so far – both in the prelim hearing, the GJ transcript, and the WP interview shows that McQuery didn’t tell Paterno that, at least not explicitly, so its unlikely that Paterno could help the prosecution much there.

b) If McQuery didn’t say “I saw a rape/sodomy/crime” in his meeting with Curley and Schultz, it wouldn’t matter if he’d told Paterno he’d seen a Temple of Doom style ceremonial human sacrifice. The meeting between McQuery and C&S is all that matters.

Now, since we don’t have a transcript of the meeting between M, C, and S, I suppose it would help the prosecution if McQuery told somebody else that he saw a rape. And it would help the defense if he told somebody else he didn’t quite see a rape. But since the burden is on the prosecution, it’s more important for them to find corroboration than it is for the defense. Right?

Also, either side can still call on McQuery’s dad and Dranov. If the Patriot’s third-hand account of Dranov’s testimony is correct, then that would seem to be pretty bad for the prosecution.

All of this really concerns me because I just don’t see any way that the state can prove that Curley and Schultz are lying, Paterno or no Paterno. And yet loads of money have been spent, not to mention all of the reputation damage and so forth, on prosecuting this and the only point of it seems to be that the prosecution wanted to make McQuery seem like a more credible witness in the case against Sandusky. But they don’t even need McQuery at all to send Sandusky away for a while if they can get their 10 victims to testify credibly.

It all just feels like an abuse of power and will deter anyone from ever wanting to testify or come forward in a criminal case in the future.

by reedjohnmiller on Feb 16, 2012 1:01 PM EST up reply actions   1 recs

This is exactly right in my opinion reedjohnmiller

In addition both Curley and Schultz state often that they are working from limited recall of a meeting that lasted 10 or 12 minutes a decade ago. A meeting they did not find to be that memorable. They believe they did the right thing by telling JS not to bring kids to PSU and reporting the incident to his boss at the Second Mile. I happen to believe that was the right thing too.
If they heard from Mike what he testified to under oath at that preliminary hearing they weeded out his suspicions to get to exactly what he observed and what he observed was not a crime as far as they could tell but it was inappropriate and they acted appropriately

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 17, 2012 4:39 PM EST up reply actions  

Thanks, Junny, for laying down the law.

I am guilty of name-calling this particular individual; I will try harder to forbear . . . .

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 12:31 PM EST up reply actions  

I'm telling you PSU_84, embrace the bunny.

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 15, 2012 12:35 PM EST up reply actions  

As long it is not the one whose

pic I posted.

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 15, 2012 12:40 PM EST up reply actions  

Embrace the Bunny!!!!

Freedom is just another word for nothing left to lose - Janis Joplin

by AriesGD on Feb 15, 2012 5:27 PM EST up reply actions   2 recs

Thanks Jeff

you make your point perfectly

I still know that reasoning called “a load of nonsense” by M1 must be solid.
It’s close to being an affirmation or hitting the nail on the head ;-)

I see that not much has changed here in my absence. lol

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 15, 2012 12:44 PM EST up reply actions  

I'm not for or against anyone, despite what Mike may say in reply to my comment.

I’d just like to see all of these petty pissing matches stop. I know the subject matter makes for heated discussions, but there is no reason to act like a bunch of kids. And that’s not just for Mike. I’ve seen a lot of comments along those lines.

by Jeff Junstrom on Feb 15, 2012 12:58 PM EST up reply actions   2 recs

Not buying this at all

1. Calling somebody a name is not the same thing as calling their argument a load of nonsense.

2. This particular person upped the ante a long time ago. I don’t escalate, and I don’t go negative first, but neither do I claim to be a saint and never respond to name-callers and ante-uppers.

by M1EK on Feb 15, 2012 12:58 PM EST up reply actions  

1. Thanks.

2. Your opinion. I should probably say “I strive very hard not to escalate or go negative first”, because I’m sure in the billions of comments I’ve made I’ve slipped up. But it’s a very solid effort, and if you go back and read the threads with an honest eye, you will, in fact, see it.

by M1EK on Feb 15, 2012 1:01 PM EST up reply actions  

As to the first point...

I have no interest in not being able to tell somebody what I think of their argument. I’m basically your ACLU lawyer on that one.

As to the second, I am dead certain that you are not always the first to go negative. But I believe you provoke it intentionally, and then you respond negatively. I’ll be very frank here, I often attempt to provoke you (and sometimes others) to write rash and angry responses. It makes their arguments weaker and it compromises their credibility. It’s a tactic, one that we both use, but one that in my opinion you rely on way too much.

...may we compete with fierce intensity, with the gifts that we have been given...

by jesse. on Feb 15, 2012 1:36 PM EST up reply actions  

Good thing for me I have no credibility.

Muahahaha

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 15, 2012 1:42 PM EST up reply actions  

I was going to post something to this effect

but yes, its quite impressive how often I see this tactic working around here. And not only does it afford people the ability to destabilize their opposition, but it allows them a “get out of argument free” card by saying the other person is a “jerk” or “uncivil” and refusing to continue the debate and allowing some form of verbal reprise, though never quite to the level of that which might get him in trouble with those in charge.

I'm on the Internet cause I'm an Internet thug.
#OccupyESPN

by skarocksoi on Feb 15, 2012 1:49 PM EST up reply actions  

You're welcome to your (wrong) opinion.

Seriously, though, it’s a common cognitive problem. People who present an opinion strongly with which we strongly disagree are almost always treated as if they said it wrong, when it’s really what they said.

If I hadn’t had the opportunity to see this pathology in evidence against pretty much everybody who posted anything the in-group strongly disagreed with for years, I’d be less likely to write off your comment.

by M1EK on Feb 15, 2012 3:51 PM EST up reply actions  

You are fantastic in almost every single way

I'm on the Internet cause I'm an Internet thug.
#OccupyESPN

by skarocksoi on Feb 15, 2012 4:03 PM EST up reply actions  

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 15, 2012 5:04 PM EST up reply actions  

This is some high-quality close textual analysis.

Also note the incremental, sedate move from “problem” to “pathology.”

"I think what the university did to him was grossly wrong" -- Mike Ditka

by SubLime on Feb 15, 2012 6:17 PM EST up reply actions  

Dear skarocksoi

It was a JOKE. Hence the “Seriously”, right after it.

And, jesse.? Talk about an intellectually dishonest arguing style – this, and the shit OctaShields pulls, and for good nature, everybody who thinks I’m a troll?

yeah. Much worse than just being aggressive.

by M1EK on Feb 16, 2012 1:24 PM EST up reply actions  

LOL

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 16, 2012 3:09 PM EST up reply actions  

"It was a joke"...

classic end around exit strategy when the scaffolding of an arguement begins collapsing in on itself. This is a staple of my wife’s debating skills.

"If there’s a villain in this tragedy. It lies in that investigation, not in Joe Paterno’s response to it," ~ Phil Knight

by rahpsu92 on Feb 17, 2012 12:54 PM EST up reply actions  

Dear MainLion

No.

If he wants to restate his objections to that comment while understanding that the first part was a joke, he’s free to do so. Until then, I will stick with my assumption – that his misinterpretation made the rest of his complaint moot.

by M1EK on Feb 20, 2012 9:07 AM EST up reply actions  

LOL

"I just want everyone in this situation to man the fuck up and accept some of the responsibility." SwHA

by kijana's acl on Feb 20, 2012 5:11 PM EST up reply actions  

LOL

"I just want everyone in this situation to man the fuck up and accept some of the responsibility." SwHA

by kijana's acl on Feb 16, 2012 8:19 AM EST up reply actions  

The dude is

a master computer programmer so the lack of personal skills is not surprising.

John Thompson, the former CEO of Symantec, was doing a site visit to the Newport News office. His tour of the facilities included a stop in the programmer cubicle farm. This room was kept pitch dark I guess so the programmers wouldn’t strain their eyes while writing code in the light (I don’t know – some of you code geeks help me out here). They walked into the room and flicked the lights on so Thompson could see the room and maybe meet the crew. One guy yells “Who the fuck turned on the goddamned fucking lights”. When he didn’t get an immediate answer, he stood up to give someone an earful. He instead said “Oh, uh, I was just joking” sat down (and started looking for his pink slip).

"If there’s a villain in this tragedy. It lies in that investigation, not in Joe Paterno’s response to it," ~ Phil Knight

by rahpsu92 on Feb 17, 2012 1:04 PM EST up reply actions  

I voted "no"

because I don’t think the judge will want to touch this — he/she will put it in the hands of a jury. Law, as we all know, is not immune to politics. It would take a gutsy judge to dismiss the charges.

by CvilleLion on Feb 15, 2012 11:10 AM EST reply actions  

I voted C

because I like the intesity he brings but there are some serious ques-oh. Wrong type of vote.

I'm on the Internet cause I'm an Internet thug.
#OccupyESPN

by skarocksoi on Feb 15, 2012 11:15 AM EST reply actions  

I have said from the get-go.....

That Corbett and the Second Mile were involved up to their money grubbing and protect their
asses position all of the time….they have to answer for their involvement and I don’t give a tinker’s damn if it involes shutting down Second Mile and the recall of that bastard Corbett.

" The Truth, the whole Truth, and nothing but the TRUTH, so help me God."

by DerryPharmer on Feb 15, 2012 11:32 AM EST reply actions   2 recs

Does anybody know how to initiate a recall?

Corbett is slime, and he needs to be removed from office.

by Ab4PSU on Feb 15, 2012 1:29 PM EST up reply actions  

It has to start in the state House

So inundate Scott Conklin, the (D) state Rep for most of the University’s portion of Happy Valley with emails to get a move on. Link HERE or paste this: http://www.pahouse.com/conklin/

Humanum est pati.

by Smee on Feb 15, 2012 1:37 PM EST up reply actions  

"Will" and "should" are different things, and that's why I went with "Not Sure"

Anyone who doesn’t think they “should” is being completely ridiculous. One man’s recollection of the level of explicitness of one facet of a 10-12 minute conversation that happened 9 years ago does not a perjury case make, especially since his testimony is denied consistently by 100% OF THE OTHER WITNESSES TO THE CONVERSATION.

As to “will,” I don’t know. It should have been thrown out at the preliminary hearing.

GO IOWA AWESOME

by ckmneon on Feb 15, 2012 1:11 PM EST reply actions  

I unhappily voted no.

Because both Curley’s and Schultz’s lawyers essentially said the same thing at the end of the preliminary hearing testimony. Even though PA law requires corroboration for a perjury conviction, apparently all you need to have the charge bound over for trial is differing testimony (a great reason to plead the fifth if you ever end up in front of a GJ). Curley and Schultz’s lawyers kept trying to determine what testimony the AG was going to use to corroborate MM’s, and the AG lawyer kept saying, “prima facie” – meaning he didn’t have to show corroboration, just that Curley and Schultz said something (anything) different than what MM said. Which they showed when they read Curley’s and Schultz’s testimony into the record. Mike says “sexual”, they say “horsing around”. Bottom line, I think it’s going to trial, where I believe C & S will be found not guilty.

Humanum est pati.

by Smee on Feb 15, 2012 1:32 PM EST reply actions   1 recs

I'm with you on that

And (I know schadenfreude isn’t healthy) but if Corbett was forced to spend some incarcerated time with other guys I would be happy to remember him in the shower.

Humanum est pati.

by Smee on Feb 15, 2012 1:49 PM EST up reply actions  

I voted Not Sure

Mostly because I don’t know anything about lawyerin’, and partly because I’m fond of the movie Idiocracy

Whittle your whiskey around like blazes, t'underin' Jaysus, do ye think I'm dead?

by psuphysicist on Feb 15, 2012 6:56 PM EST reply actions  

I'm a little late to this discussion, but I wanted to throw in my $0.02.

Please take into account I am predominantly ignorant regarding the specifics of our legal system, so I only have the enlightenment from fellow posters to help my understanding. This is also similar to what I posted in another FanPost.

The purpose of Mike McQueary’s testimony is what I feel is really on trial here more so than his words. The prosecution is using his words and his account of the incident to assert a sexual assault happened and that he was aware of it. This creates a 2 front offense as the defense has to fight the battle regarding what the actual words were as well as the intent of the words. It’s not so much the actual verbage that is on trial here as it is the intent of the words used. If this was regarding only the actual words McQueary used, I don’t think charges would have been filed to begin with. So what we are left with is the intent McQueary was trying to convey with the words he used. In order to support this assertion, the prosecution needs to paint McQueary as being fully aware of the sexual nature of events from the moment he first witnessed them. If he conveys any doubt that it wasn’t sexual, it will undermine the spirit of his words when relaying the incident to Schultz and Curley.

I truly think that this is a very difficult position for McQueary to find himself in. I haven’t read the blog post that initially alerted investigators to his knowledge of this incident, so I can’t comment on what his current motives might be. I think that we need to consider the polarization of McQueary’s testimonies as a reason to consider he’s most likely in the middle and not looking to support any specific causes. I think it’s equally unlikely that he’s actually trying to claim Penn State was at fault and missed their chance at stopping Sandusky as it is that he’s trying to defend Penn State and Joe Paterno. I think the reality falls in the middle where he wasn’t sure what he witnessed, and followed the directions that people he trusted advised him to follow. He’s been confused since day 1 of the incident, and that confusion still exists in his understanding of it today. Since the only people who are promoting his testimony are the defense and prosecution, it makes sense that we see a complete polarization of his words, and we must apply reason to find the middle ground.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 16, 2012 11:18 AM EST reply actions   1 recs

A fine assessment of his position with some reservations

It seems to me that Mike has some serious problems with his perceptions about this.
From the minute he entered the locker room and heard 2 or 3 slapping sounds late in the evening he seems to have assumed there was something sexual happening in the showers. I assume he thought it might be a coach and a woman and he did not wish to embarrass them or himself.
To describe 2 or 3 slapping sounds a rhythmic and sexual is a stretch – unless maybe he had heard of such activity in the showers from players or coaches in the past.
That preconception of something sexual was on his mind when he glimpsed Sandusky’s back and the side of the boy but 1 or 2 seconds was not enough to affirm his suspicion. He wishes he had been more pro active and confronted them but he freaked out and split and is somewhat ashamed of that.
The problem is that his 2 or 3 slaps and 1 or 2 seconds were not enough to establish a criminal act in the absence of any action on his part to confront Sandusky. It just doesn’t make sense to Paterno or Curley or Schultz.
The disconnect between his serious suspicions and his actual observations and his response created the problem. The Actions speak louder mantra comes into effect – His words convey a horrific crime but his actions do not.
That really puts Curley and Schultz in focus. No matter how he described what he suspected it did not measure up to what he actually observed or what he chose to do about it. So he may have said he suspected sexual activity but he also had to admit he did not observe it definitively and he acted inappropriately IF HE HAD observed it.
So Curley and Schultz left that 10 minute meeting and spoke with Sandusky who claimed they were horsing around – so they had McQueary’s limited observations, rather wild suspicions given those observations, and Sandusky’s explanation and whatever Paterno told them and they put that together and came up with – Report to Spanier, Bar Sandusky from bringing children to PSU and then turn the whole thing over to the Second Mile where the kids come from, where he works, and where Raykovitz the Dr. of Psychology is in charge.
That reasoning does not seem unreasonable given that Schultz knows of a similar incident in 98 that was fully investigated and dropped.
They believed Jerry was guilty of inappropriate conduct for having the boy there alone but they have no credible evidence of a crime.
So McQueary harbors his suspicions for years and regrets his actions due to those suspicions.
Now he is trying to relieve his guilt by making himself an asset to the prosecution against Sandusky and PSU Paterno and Curley and Schultz become collateral damage

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 16, 2012 1:18 PM EST up reply actions  

I buy into most of your narrative.

Where we differ is that I don’t believe McQueary actually considered it sexual from the start. I think that he attributed that characteristic to it later on, either through the coaching of the investigators or through some other source of information regarding Sandusky’s inappropriate actions with children.

The point that I want to make out though is that we don’t have McQueary’s whole account of events. We only have answers to questions that aid either the prosecution or the defense. While there is certainly enough contradictory testimony to discredit the presentment and the prosecution’s claims, I don’t believe that makes the version from the defense absolutely true.

I personally have been quite conflicted with McQueary throughout this whole ordeal, and I think my emotions and judgments will remain confused. What I want to stress is that the only information that we have and that is being asked of McQueary on the public record is information that supports either the prosecution’s or defense’s efforts. They are intentionally avoiding the middle ground because it serves no purpose to their cases, but that is precisely what the public opinion should be based on. That’s why McQueary is such a polar figure in arguments regarding both the sexual abuse allegations and the perjury charges, because there is really only one version you are allowed to pick and you’re not allowed to pick both.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 16, 2012 1:31 PM EST up reply actions   1 recs

I think the wheels came off Mike's train of thought as soon as he saw that it was Sandusky.

I don’t know as much about perceptual psychology as I’d like to, but I’d wager that Mike’s perception of events is a perfect case study of how our minds actually reconstruct events after the fact, based on a very few details that are actually remembered.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 16, 2012 2:21 PM EST up reply actions  

As far as the Perjury Charges go

Mike has put himself or has been put in the position of being the one guy who could possibly put Curley and Schultz behind bars based on their interpretation of what he told them in that 10 min meeting 10 years ago. I would hate to be in that position.

He may actually believe he was emphatic enough in his description to have impressed upon them the criminal nature of what he observed OR he may think he was not emphatic enough.

In either case he is being used by Linda Kelley to go after two guys he was never interested in attacking. By his actions after the meeting he did not seem to be upset by their decisions to bar Sandusky from bringing kids to PSU or to alert Second Mile. He may have agreed with that result. He never asked them to do more nor did he express any disapproval of their actions. In fact what they did was pretty much what his father and Dr Dranov advised. They did not ask him to go to police and they handled it their way.

Once Sandusky was exposed as a serial monster everything changed.

Still Curley at least never said specifically what he was told by McQueary in that meeting with the sole exception of stating emphatically NO Absolutely Not – when he was asked if Mike told him he had witnessed A_ _ _ Int _ _ _ _ _ _ as was stated in the Grand Jury Presentment. I would love to know what Mike thinks about that summary of his testimony.

So Mike is the state’s key witness against his former Athletic Director and VP Schultz in a small community. His mindset and opinions about that are among the most interesting things yet to discover.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 16, 2012 2:33 PM EST up reply actions  

Constructive criticism:

Rather than ‘A_ _ _ Int _ _ _ _ _ _’, why not just say something like ‘graphic detail’ or ‘explicit acts’. You can use euphemisms without being flippant.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 16, 2012 2:46 PM EST up reply actions  

Just trying to avoid any problems

I will try euphemisms if you have a suggestion.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 16, 2012 2:54 PM EST up reply actions  

I see great potential for an ugly tangent here.

But yeah – the two that I gave above could be subbed in without substantially changing the meaning or tone of your statement. I’m sure there are a bunch of ways to say it without resorting to the specific verbiage that got you hassled by The Man before.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 16, 2012 3:03 PM EST up reply actions  

EXPURGATED

"I think what the university did to him was grossly wrong" -- Mike Ditka

by SubLime on Feb 16, 2012 3:55 PM EST up reply actions  

redacted?

All of our comments are irrelevant - LetsGoPSU

by jaytay13 on Feb 16, 2012 11:53 PM EST up reply actions  

I absolutely agree.

Especially with this:

He is being used by Linda Kelley to go after two guys he was never interested in attacking.

He is basically a pawn being used by the AG to go after Penn State in the perjury trial, something I expect was never his intention. Further, he’s likely restricted in what he can say publicly, both for the prosecution’s liability as well as his, and has been forced to suppress quite a bit. I think that even if he fully intended to paint Sandusky as a child molester and that he did everything in his power to stop it, he still never had the intention of bringing down the university or Paterno, and that’s something that we need to weigh while waiting to pass judgment on him. Either way, he’s in a shitty situation and really has no opportunity to come out of it in good standing.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 16, 2012 2:48 PM EST up reply actions   1 recs

We are on the same wavelength

I would even go further to accuse Linda Kelly of using Mike to distract from the failure of Tom Corbett and the prosecutors decision to let Raykovitz and The Second Mile completely off the hook.

Why isn’t Raykovitz being grilled about his lack of action to curb Sandusky’s activity?
that’s the million dollar question?

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 16, 2012 2:59 PM EST up reply actions   2 recs

Denial?

To admit that Raykovitz is essentially corrupt is to open the door to a whole lot of people all the way up through Harrisburg (and conceivably all the way to Washington) being willing to overlook child abuse for the sake of protecting an organization (Second Mile, CYS) that they see as a net force for good. I bet no elected politician has the brass balls to take on that can of worms.

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 16, 2012 3:06 PM EST up reply actions   1 recs

Denial and cover up

One could hope the defense attorneys for Curley in Schultz if forced to go to trial on these charges would turn this into an attack on the AG and The Second Mile.

That may be one good reason the the AG will drop these charges at the behest of the Governor. It certainly has the potential of making his administration look bad for trying to blame PSU and Paterno for something it seems clear The Second Mile and Raykovitz should have dealt with firmly and quickly.

The friendship between Sandusky and Raykovitz and the rather substantial amounts of money (2 million for Raykovitz and wife and 467,000 for Sandusky) are good reasons for a cover up. The campaign donations to Corbett and the questions about where the 9 million in assets and 2.7 million in annual donations went may be a box of worms no one wants scrutinized and once the press catches on that there is no real perjury and Paterno is now past being harmed and has attained a status where attacking him is political suicide – the possibility that the focus will shift to Raykovitz and the Governor is quite real.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 16, 2012 3:19 PM EST up reply actions  

Don't forget the guy on the far left

Schultz was involved with Second Mile as well. What’s horrific is that this pic was posted on the SM web site from one of their funraisers. The morons of the internet have repurposed it and claim it is from Amendola’s wedding.

by cs93 on Feb 16, 2012 10:58 PM EST up reply actions  

Why stop there?

Surely John Wayne Gacy could join the party through the magic of photoshop.

"I think what the university did to him was grossly wrong" -- Mike Ditka

by SubLime on Feb 17, 2012 6:33 AM EST up reply actions  

whats funny is amendola's wife has a name tag on, like you where that at your wedding.`

people are the freakin stupid.

"It doesn't matter what people think of me," Joe said. "I've lived my life. I just hope the truth comes out. And I hope the victims find peace."

by BMAN13 on Feb 17, 2012 8:45 AM EST up reply actions  

Well

if she is married to Amendola, she probably shouldn’t be wearing white.

ZING!

"In every life there have to be some shadows. Look at me. My life has been filled with sunshine. A beautiful and caring wife. Five healthy children. I got to do what I loved. How many people are that lucky?" THE Joseph Vincent Paterno.

by jman07 on Feb 17, 2012 9:44 AM EST up reply actions  

It was an arranged marriage.

“Do you (preacher squints at name tag), Joseph Amoeba, —

(“Uh, preacher, it’s Amendola.”

“Son, you need to improve your handwriting.”

“I’m a lawyer, Pastor.”)

“Do you, Joseph Ass-hat, take this woman . . . "

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 17, 2012 2:32 PM EST up reply actions  

Ha!

Look at the woman immediately next to Schultz, and the way she’s looking at him sideways. Who wants to bet that he’s grabbing her ass?

Unrepentant Joe Paterno Apologist®

by leeharvey418 on Feb 17, 2012 12:44 PM EST up reply actions  

It might not be to the benefit of an elected politician.

But it is absolutely beneficial to politicians running for office. Especially the Governorship for the Commonwealth of Pennsylvania. We’ve seen how hysterical people become regarding this topic. If an opposing candidate can make a compelling case that Corbett was aware of these allegations and still supported Sandusky, that’s about all they would need to win that election.

Regarding Raykovitz and any other entities, I remain very skeptical and think a very thorough investigation needs to be conducted. I will not throw out the “he had to know” accusations that Sandusky was actually molesting children (I think it’s safe to say he was aware Sandusky was allegedly molesting children), but absent any actions taken that have not been made public, his inaction is deplorable. You can not hear these allegations and in good conscience make no effort to look into the matter or make sure it is brought to the attention of someone who is capable of looking into the matter.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 16, 2012 3:20 PM EST up reply actions   2 recs

Well I certainly agree with a version of this
I will not throw out the "he had to know" accusations that Sandusky was actually molesting children (I think it’s safe to say he was aware Sandusky was allegedly molesting children), but absent any actions taken that have not been made public

He certainly knew about the 1998 incident and then was told of the 2002 incident. It would be very interesting to know if any of the parents or foster parents of victims ever expressed concern to any of the Second Mile staff about Sandusky’s activities.
It would have been quite prudent for Raykovitz to tell Sandusky to avoid having close personal contact with any of the Second Mile kids after the 2002 incident. Any competent administrator should have seen the potential danger in having a founder who was twice accused of unseemly behavior in a shower. At best it was inappropriate.
Any opponent to Corbett should be able to see the opportunity available to bring him down for the campaign donations and the 3 million state grant to Second Mile in the wake of these charges. The same is true for Kelly’s replacements as AG. But from what little I’ve read the female candidates for AG seem to be towing the “PSU is responsible” line and a candidate who decides to cultivate the support of PSU students, faculty and alumni should find a lot of votes if he or she can make the case that Corbett screwed up big by not filing charges in 2008 or adding more investigators.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 16, 2012 3:33 PM EST up reply actions  

Organizations being willing to overlook child abuse for the sakeof protecting the organization

Has been the status quo throughout time.

Everywhere.

This disconnect you’re noting, between actions that perpetuate this organizational behavior and the actions devoted to the spin of such behavior (no organization ever wants any message other than ‘we also hate child rape’) is the fundamental problem at the core of adults really & truly protecting children.

When the subject is childhood sexual abuse, organizations are dishonest.

All of them.

jtothetweet
"I’m not a from the hip guy," Brands said. "From the hip, gets you in trouble. We continually evolve, and you have to have that mindset.

by jtothep on Feb 16, 2012 6:00 PM EST up reply actions  

so true

Everyone here can probably name 5 organizations off the top of their head that have had problems, easily. I know I can.

"It doesn't matter what people think of me," Joe said. "I've lived my life. I just hope the truth comes out. And I hope the victims find peace."

by BMAN13 on Feb 17, 2012 8:48 AM EST up reply actions  

Not consistent with observed recent actions

McQueary stared down (Schultz and/or Curley) in the preliminary hearing. He did not seem like a guy who was upset about “being used to go after two guys he was never interested in attacking”.

by M1EK on Feb 20, 2012 9:09 AM EST up reply actions  

You can not possibly know what he was thinking.

He stared down 2 guys whose defense are trying to make him look like a liar and a coward. That doesn’t mean he intended on going after them from the start. There’s no way he’d know they were going to commit perjury from the start which would further incriminate Penn State.

From personal experience, I was forced to testify against 2 people who I had no interest in seeing charges brought against (they were accessories to an assault). However after seeing them testify and discredit me, I was angered by their testimony and gave the same looks when I was on the stand. To this day I still feel bad that the DA pressed charges against them (that I told the DA I opposed) since neither of those 2 guys were the ones that hit me with a weapon while I was walking away.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 20, 2012 9:30 AM EST up reply actions  

Neither can you know what he was thinking.

But knowing only how he looked at them, and the fact that he apparently couldn’t wait to tell his story to the police, it is more likely that he is pissed at them and what they never did than that he is not.

by M1EK on Feb 20, 2012 11:23 AM EST up reply actions  

Couldn't wait to tell what story to the police?

The one he held on to for over 6 years and only told when investigators found him? You are jumping to assumptions again and making a narrative of events not supported in fact. I saw the same tweets regarding McQueary’s demeanor, and again, it makes sense that he is defensive after being attacked by their defense. He’s probably also angry that they are not agreeing with his account of the events. That doesn’t mean he is right, it just means he is angry and defensive.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 20, 2012 2:48 PM EST up reply actions  

It suggests

more that he doesn’t agree with them than that he does.

I agree that it is far from perfectly clear either way.

by M1EK on Feb 20, 2012 3:13 PM EST up reply actions  

They are definitely not on the same page

and this trial is driving them further apart. It will be interesting to see how close their stories actually are once this trial is over. I could see them being pretty close and I can also see them being completely opposite.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 20, 2012 3:19 PM EST up reply actions  

One very defensible position

1. McQueary was assured back in 2002 that they seriously investigated the situation and made sure Sandusky couldn’t be with any more kids like that.

2. Sometime between then and 2008, it became clear to McQueary that this was a load of crap. He didn’t say anything because he knew the same people who didn’t do anything the first time around would be the ones he’d have to talk to this time around. Didn’t think he’d be taken seriously.

3. In 2008, the “real cops” came to him. Strong chance he’d be listened to. And here we are.

by M1EK on Feb 20, 2012 3:22 PM EST up reply actions  

That is a very real possibility.

Time will tell if you are right. I completely agree with what you posted above that it shows MM likely doesn’t agree with Schultz & Curley. Hopefully after the trial we find out exactly what they disagree on, whether it was just a miscommunication or whether it was complete disregard for the incident McQueary reported.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 20, 2012 3:35 PM EST up reply actions  

I assumed at over 300 comments, this thread had been mushed

but it was saved in the middle with some great responses. Nice work team! This is a great community.

All. The. Bunnies.

If they ever tell my story let them say that I walked with giants. Men rise and fall like the winter wheat, but these names will never die. Let them say I lived in the time of Bradley, tamer of offenses. Let them say I lived in the time of Paterno.

by SarcasmJam on Feb 16, 2012 11:48 AM EST reply actions  

We love bunnies!

When I stand before God at the end of my life, I would hope that I would not have a single bit of talent left, and could say, 'I used everything you gave me'.
Erma Bombeck

by ComfortHePuHuTh on Feb 17, 2012 7:25 PM EST up reply actions   1 recs

This . . . . is . . . . mesmerizing . . . .

"Make haste to reassure us, I beg you, and tell us that our fellow citizens understand us, support us, and protect us as we ourselves are protecting the glory of the Empire.

"If it should be otherwise, if we should have to leave our bleached bones on these desert sands in vain, then beware the fury of the Legions."

by PSU_Lions_84 on Feb 21, 2012 1:59 PM EST up reply actions  

This bit is the best
Since the only people who are promoting his testimony are the defense and prosecution, it makes sense that we see a complete polarization of his words, and we must apply reason to find the middle ground.

He must be confused. There’s no way he could function as a human being with this in his head if he was certain of what he saw and was certain that C&S mishandled it. That’s not an air-tight legal argument, but I’m very confident it is true.

by reedjohnmiller on Feb 16, 2012 1:10 PM EST reply actions  

I do feel a little bit bad for him.

but I also sort of feel like he made his own bed.

And I’m not saying he was ever in an easy position, but he is the eye witness.

He has to: 1) make the people he told understand exactly what he saw, 2) find someone else to tell that “gets it”, or 3) be quite confused about what he did see and therefore chose no further action.

If 3 is right, then it explains why he didn’t do 1 or 2. If 3 is not right, then he is to blame more than anyone (except JS) for the events that occurred in the last 10 years.

There’s really no ambiguity here. If Curley/Schultz go down for perjury, it actually makes MM look much worse to me, because it means he gave them information about a sexual encounter and “happily” accepted a response that is completely out of line with what MM is sure he saw.

Right now I just believe that MM’s story has evolved a bit over time to help reconcile how he interpreted the events then to how he would interpret them now that he has knowledge that JS is (allegedly) a kid toucher. He certainly is aware that his testimony has the ability to help put him away too… so it has to be strong.

by BNittsDeMilo on Feb 17, 2012 1:04 AM EST up reply actions   1 recs

I almost wonder if he isn't in the position he is in because of a threat to charge by the AG

if he doesn’t go along with what they want. Remember, he finally reported “what he saw” to the police in 2011. And it was much more graphic than what he told his dad, according to testimony, Joe, according to testimony and according to his own testimony. The police report he filed, after being in front of the AG says he is sure he saw graphic content. Like I said, he may be being held over a barrel and doesn’t want a failure to report charge against himself.

"It doesn't matter what people think of me," Joe said. "I've lived my life. I just hope the truth comes out. And I hope the victims find peace."

by BMAN13 on Feb 17, 2012 8:51 AM EST up reply actions   1 recs

The things that I want to know are:

What exactly did he write in the blog post that led investigators to him?
Why did he write the post? Was it due to guilt, or was it just commenting on something else, possibly about a rumor?
What is HIS understanding of the events of 2002?
Why didn’t he push the issue more (which may be answered by what his understanding of the events were)?

It’s unquestionable that when you are a witness, you get molded to fit the piece of the puzzle the prosecution needs you to fit. There’s also a lot of conversations with the investigators that basically tell you what you’re needed to say. While this is considered “coaching”, having been through it myself, it is far less based on the information I have and much more focused on turning it into the information they need. That’s why I sympathize with him at present. I think it’s safe to say that our current situation was absolutely not his intentions, however it’s possible, and likely, that he never had any intention of being the star witness and just wanted to offer some input on a situation he really wasn’t confident in.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 17, 2012 10:21 AM EST up reply actions  

Seems like he had bad or no legal advice

and the Attorney General lied to him or is incompetent due to a lack of knowledge of the law in 2002 if:

Like I said, he may be being held over a barrel and doesn’t want a failure to report charge against himself.

The law in 2002 did not require Paterno, Curley or Schultz to report suspicions but Raykovitz was subject to that law. Does the Attorney General not know the law?

The 2002 law required that the abused child come directly in contact with a person in his or her professional capacity in order for that person to be considered a mandatory reporter. The law was then amended in 2007 to broaden the reporting requirements

That’s why Curley and Schultz have Motioned for the particulars:

As for Curley and Schultz there was absolutely no requirement for reporting by McQueary.

I keep a suspicion that maybe Mike got a bad feeling about Sandusky during his childhood from something that might have happened to him or a friend of his. That might explain his strong suspicion without any clear observation and his decision to cut and run that night.

It seems to me the decision had been made at the highest levels to keep Second Mile and Raykovitz out of it so MM was the perfect foil to lay this at the feet of PSU. I have to assume those in power were bright enough to know the effect of their actions: 1)The overblown and misleading language of the presentment and 2) the press conference with the pictures of Curley and Schultz and 80% of the text pointed at the “failure” of PSU to stop a child predator without the slightest mention of any potential responsibility for Second Mile and Raykovitz. That is so incredible now that we’ve had time to look at it dispassionately.

Penn State’s involvement is so minimal compared to the Second Mile and 3 years of foot dragging started with Corbett as AG. The AG’s office wanted the world to focus on Joe and Penn State and Mike was the key to that. So I don’t doubt they may have tried to scare him with a failure to report charge that is totally indefensible, or they appealed to his guilt for not doing enough by showing him the testimony of the victims with whom he identified.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 17, 2012 12:39 PM EST up reply actions  

I just wanted to point out the confusion over Baldwin's role regarding legal counsel.

Not sure if you saw this Fanshot (Wow. This could be big), so I figured I’d mention it to you.

Basically, there is a lot of confusion on the parts of Schultz and Curley as to who their legal counsel was during the grand jury trials which has muddied the waters even more.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 17, 2012 1:13 PM EST up reply actions  

I think that Tom Corbett's role in this witch hunt needs closer scrutiny.

Although JoePa’s politics leaned “conservative”, his success and legacy at Penn State would be an impediment to the “conservative” agenda to defund “liberal” institutions of higher education. To that end, it would not surprise me if that was a major in the campaign to throw JoePa under the bus. Discredit JoePa and the PSU football program, then wielding the budget axe becomes that much easier.

by Willie Green on Feb 17, 2012 2:43 PM EST reply actions   1 recs

Especially when public sentiment is against a university full of "child abuse enablers".

Not saying I buy it, but just lining up the convenience of the outcome with Corbett’s latest actions.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 17, 2012 2:45 PM EST up reply actions  

Although JoePa’s politics leaned "conservative", his success and legacy at Penn State would be an impediment to the "conservative" agenda to defund "liberal" institutions of higher education.

I’m not sure this makes as much as sense as it might appear on first glance. Paterno built his success and legacy at Penn State through his own initiative and not, for the most part, through outside funding. It doesn’t take a genius to spin that one the right way for political gain.

"The education of a man is never completed until he dies." - Robert E. Lee

by ReadingRambler on Feb 20, 2012 12:45 PM EST up reply actions  

Not buying this at all

Paterno was a strong champion of state funding of the university.

As far as politics goes, he was a conservative of the type best identified by George HW Bush; not having much in common with today’s Tea Partiers, for instance.

by M1EK on Feb 20, 2012 1:15 PM EST up reply actions  

I would agree with that assessment..

Although I’m not sure that I hold GHW Bush in the highest regard.
I gave up on Poppy Bush and went with Perot based on Trade and economic issues.
So if you must, you can pigeonhole me as a Pat Buchanan conservative.

But I certainly agree that JoePa was a “conservative” of the highest character, principles and integrity.
Those are qualities that I find severely lacking in the Libertarian/John Birch/Tea Party faction that’s currently running roughshod over GOP politics.

“Follow the money” if you really want to know what mantra they’re actually chanting.

by Willie Green on Feb 20, 2012 5:01 PM EST up reply actions  

NO POLITICS!!!!

"Believe deep down in your heart that you're destined to do great things." Joseph Vincent Paterno 1926-2012

by Paige2PSU on Feb 20, 2012 5:12 PM EST up reply actions  

Call me a "conspiracy theorist," but...

the “convenience” seems more than a coincidence.
Especially in light of other GOP budget attacks at other state universities… like Wisconsin.

JoePa and Penn State’s reputation for excellence was a clear impediment to the national political agenda.

by Willie Green on Feb 17, 2012 2:54 PM EST reply actions  

You're a conspiracy theorist

"I just want everyone in this situation to man the fuck up and accept some of the responsibility." SwHA

by kijana's acl on Feb 20, 2012 8:52 AM EST up reply actions  

I find this most fun with that dude 'don'tcallmescooter'

jtothetweet
"I’m not a from the hip guy," Brands said. "From the hip, gets you in trouble. We continually evolve, and you have to have that mindset.

by jtothep on Feb 20, 2012 9:58 AM EST up reply actions  

Hey, you

Check your damn emails.

"The education of a man is never completed until he dies." - Robert E. Lee

by ReadingRambler on Feb 20, 2012 12:45 PM EST up reply actions  

I just think the conspiracy theories on both sides of this debate tend to be a tad overblown.

There’s no more evidence that Corbett pressured the AG to pursue charges against PSU to allow him to make budget cuts and wrestle power over PSU from the board than there is that Curley/Schultz/Paterno/Spanier conspired to cover this up to protect the football program.

Occam’s razor… McQueary wasn’t sure what he saw, reported vague things to everyone, they do not respond appropriately because they don’t have the right information, and no one thinks about it much after that. 8 years later they find MM, finds he has information that will help their case (which now includes at least 9 other victims), and the AG starts to suspect a purposeful cover-up by PSU. This is a perfectly logical assumption if MM really reported the details as he has been saying he did.

by BNittsDeMilo on Feb 20, 2012 10:59 AM EST up reply actions  

No...

there must be a bad guy! It’s not possible that a bunch of people simply made bad decisions or failed to see the forest for the trees.

There must be a sinister motive!

"Never hold discussions with the monkey when the organ grinder is in the room." - Churchill

by Esteban d' Amur on Feb 20, 2012 1:43 PM EST up reply actions  

Even the cover-up thing is a bit of a stretch.

The AG could just be trying to make a name for herself. Also, a common tactic by prosecutors is to charge as many people as possible with whatever you can in an attempt to get people to cooperate in exchange for dropped or reduced charges.

Personally though I really could see Corbett trying to direct the responsibility and blame away from him. I think that is why he made the statements condemning PSU and Paterno, but that is my own belief.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 20, 2012 2:53 PM EST up reply actions  

It would be naive to dismiss

the partisan influence of ALEC or a number of other organizations.

by Willie Green on Feb 20, 2012 4:38 PM EST up reply actions  

I'm not claiming that Corbett pressured the AG to press charges...

Corbett WAS the AG who initiated the investigation in 2009.
The current AG merely inherited the investigation that Corbett began, so there probably wasn’t much “pressure” necessary.

Besides, there are bigger political issues at stake besides the Pitt, Temple and PSU Budgets. For instance, you can’t have the influential “liberal” faculty opposing exploitation of Pennsylvania’s Marcellus Shale.

Yeah, I know… this “conspiracy theory” is drifting way out of bounds for what is normally a sports discussion board… but if you’re familiar at all with political chat rooms, the pieces of the puzzle fit together pretty neatly…

It’s pure speculation, I admit.
But it fits.

by Willie Green on Feb 20, 2012 4:03 PM EST up reply actions  

I wasn't really trying to say it doesn't fit...

A lot of things fit depending on how you make an assumption or two. And it isn’t crazy to think there could be funny business at all kinds of levels when you consider the money/power at play here.

I just think I usually try to take the explanation with the least and most probable assumptions.

I came to the conclusion a while ago that the most simple explanation is that McQueary wasn’t 100% sure about what he saw, told a story with lots of qualifiers that Curley/Schultz didn’t feel they could act on, they decided on a course of action, and nobody really thought much about it for 8 more years believing they had done what was appropriate given the information they had. This explains the behavior of all involved parties who had any information about the events at PSU (McQueary, Paterno, Old Man McQueary, Dranov, Schultz, Curley, and Spanier). And when the cops found that someone at PSU had reported something to the administration and that nothing had been reported to the cops, they jumped to the conclusion that it had to have been an intentional cover-up (a perfectly reasonable assumption, actually). AG charges every person they think they can make anything stick to and hopes for more victims and witnesses that incriminate PSU’s administration and/or Sandusky further.

Nice and neat… and all caused by a failure to communicate rather than 6+ apparently moral men all of a sudden becoming monsters and voluntarily participating in a cover up which was apparently not consciously orchestrated by anyone.

by BNittsDeMilo on Feb 21, 2012 6:02 PM EST up reply actions  

Well if the AG thinks it's appropriate...

to cast such a wide net, merely hoping that something will “stick”

Then it’s also appropriate for me to cast a similar wide net questioning the possible political motivations of the AG who initiated this witch hunt.

I don’t claim to have any actual evidence. But I do believe that his role in this saga deserves much closer scrutiny. It stinks to high heaven.

by Willie Green on Feb 21, 2012 8:22 PM EST reply actions  

I agree wholeheartedly...
But I do believe that his role in this saga deserves much closer scrutiny. It stinks to high heaven.

One serious side effect to making Joe the monster in this is that nobody has REALLY been looking at the other players. That includes failures of our justice system from bottom to top.

Also, I’m still shocked that nobody at the Second Mile is being found legally culpable. I only hope they face civil suits that make whatever PSU is going to face look like monopoly money. That organization, at the least, was grossly negligent in protecting the children they were responsible for over incredibly extended periods of time. They may not have had any evidence that JS was being inappropriate with kids, but they shouldn’t have needed any evidence to be vigilant about child abuse and have rules that prevented most of the incidents that JS is now accused of. What’s more, JS (if innocent), should have been smart enough to understand the dangers of working with kids. We have a rule in our labs… no one (NO ONE!) is left alone with a child and we never work where we are not visible to outside observation. This is completely CYA behavior. And you’re telling me an organization dedicated to at-risk children didn’t have or didn’t follow risk-management procedures?

Or is it just that you can’t kill the golden goose?

by BNittsDeMilo on Feb 22, 2012 12:04 PM EST up reply actions  

I just re read the full text of the Motions

and they are a work of art.

The state has failed to identify the statements in the Grand Jury testimony it considers perjury and without specifying those statements they cannot make a case

further the one statement they allege is perjury is totally misquoted.

This is a mockery of justice and shear incompetence on the part of the prosecution.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 22, 2012 1:04 AM EST reply actions  

Is it possible for the prosecution to identify the statements later and refile the charges?

I don’t quite understand exactly what purpose that would serve other than to give the prosecution more time to try and come up with something, I’m just trying to come up with motives for not specifying the statements.

Also, is there any chance that Sandusky testifies in the perjury trial? I know that he’s not directly associated with any of the allegations, however if he testifies that Schultz or Curley asked him about inappropriate behavior and nothing sexual, it could help make the case against McQueary’s credibility. Also, any instances where he interacted with McQueary might also help show that McQueary wasn’t uncomfortable with Sandusky at the time. Just throwing hypotheticals out to determine some possibilities.

It is easy to go down into Hell; night and day, the gates of dark Death stand wide; but to climb back again, to retrace one's steps to the upper air - there's the rub, the task.

by Succss With Honor Always on Feb 22, 2012 9:41 AM EST up reply actions  

From my study of Schultz and Curley's testimony

the problem for the prosecution is that there are no definitively statements that amount to perjury.

Schultz’s says his opinion was that there was no criminal act and what Mike said he saw “was not that serious”. Schultz also says his memory of events included reporting the incident to CYS which he likely confuses with the Second Mile. It was just not that memorable to him
Curley says his recollection of a 10 min meeting 9 years in the past were vague and he obviously mixes up what he heard from Joe, MIke and Sandusky. But there are no direct answers that refute or confirm anything Mike may or may not have said. The prosecutors only asked one direct question pertaining to the A I statement promoted in the Presentment and Curley replied that was “Absolutely not” said – Mike confirms that.
So there has to be a specific statement made that is a lie and they don’t have any.

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 22, 2012 12:17 PM EST up reply actions   1 recs

All the defense has to do for Curley and Schultz

is to get McQueary on the stand and read his Perjury Hearing testimony back to him under oath.
and say:
So you heard 2 or 3 slapping sounds like clap, clap, clap,?
And you deem two or three slaps to be “rhythmic” and “sexual”?
And you “glanced for 1 or 2 seconds through a mirror and saw Sandusky’s back”?
And you “glance again for another 1 or 2 seconds and saw Sandusky’s back again”?
And there was “little or no motion”?
And you “could not see hands or genitals”?
And you told these things to Curley and Schultz?
So you did not see a crime but you suspected a crime?
You did not speak with boy and ask if he needed your help?
You did not ask Sandusky what he was doing?
You left the boy with Sandusky and ran upstairs to call your daddy?
You did not return to see if they had left?
You did not call the police?
Your father advised you to not call the police?
Your friend Dr. Dranov said you should not call the police?
Joe Paterno did not tell you to call the police?
So if you thought you had seen a crime you should have called the police?
So you expected Curley and Schutz to call police you would not call because you impressed on them you suspected a crime although you did not witness a crime?
And you are testifying here to put Mr. Schultz and Mr Curley in jail because you believe you told them enough to call police although you failed to convince your father, your coach or your friend Dr Dranov that the police should be involved?
If you heard a young assistant coach tell you about 2 or 3 slaps and a couple of 1 or 2 second glances that did not involve seeing hands or genitals or motion of a man standing behind a boy who was standing upright but who failed to ask the boy if he needed help would you be convinced that you had heard evidence of a crime?
Were you afraid of what a 60 year old coach might do if you asked him what was going on?
Can you say without a reasonable doubt that you were witnessing a crime when you did not observe any elements of a crime?
But you want this jury to believe that you made it clear to Schultz and Curley that a crime was committed?

Born in Fort Sanders - 1st Residence Aconda Court (Alumni Hall) - 1st games at Neyland 1947 - Mother = TORCHBEARER - Dad grad of UT & UT Law + professor BORN ORANGE and BLEED ORANGE .......

by aurabass on Feb 22, 2012 12:35 PM EST up reply actions  

Here come the Feds

Hopefully this is the beginning of the end of Corbett and the circus in Harrisburg.

http://www.pennlive.com/midstate/index.ssf/2012/02/federal_authorities_are_conduc.html

"The trouble with quotes on the internet is that it’s difficult to determine whether or not they are genuine"
- Abraham Lincoln

by PsuSam on Feb 25, 2012 2:17 AM EST reply actions  

The Feds

I am so happy to learn of their involvement. I want Schultz, Curley and Spanier to all go down-and go down hard. The Commonwealth appears incapable of doing that. Plus perhaps the truth eventually will come out as to who knew what when.

"Let the chips fall where they may."

by nits4ever on Feb 25, 2012 11:47 AM EST reply actions  

Here come the Feds

The Feds are investigating SM, were the emphasis should have been in the first place. Corbett will have a lot of explaining to do. I don’t live in PA but if I did this would be a good time to start a petition to impeach Corbett.

Gov. Tom Corbett, in interviews last week with State College television stations WJAC and WTAJ, said the state attorney general was not investigating the State College-based charity. Corbett was attorney general when the investigation of Sandusky was launched in 2009

"The trouble with quotes on the internet is that it’s difficult to determine whether or not they are genuine"
- Abraham Lincoln

by PsuSam on Feb 25, 2012 12:35 PM EST up reply actions  

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