Tag Archives: Grand Jury

Apr 10 2013

Curley, Spanier, Schultz to go to Preliminary Hearing


The judge who presided over the grand jury investigation of Jerry Sandusky and senior Penn State officials denied Tuesday motions to throw out pieces of evidence against the men before a preliminary hearing, saying their lawyers are using stall tactics to delay the case.

In a 16-page ruling, Feudale singled out one issue in making his decision: whether he has the jurisdiction to entertain such motions.

The judge also denied a motion to throw out the grand jury testimonies of Spanier and former university general counsel Cynthia Baldwin as well as to bar Baldwin from taking the stand during a yet-unscheduled preliminary hearing.

“In the view of this court, the motions extant are in effect legal chimera’s (sic),” Feudale wrote, calling them “concepts perceived by this (j)udge as legally creative, imaginative but implausible and serve only to delay the administration of justice in this simple case involving whether Spanier, Curley and Schultz did or did not commit the crimes alleged.”

The judge’s ruling would appear to give the Curley, Schultz and Spanier cases the green light to proceed to a preliminary hearing in a case that has been on hold since the men were arraigned in suburban Harrisburg in November. The men were indicted using Baldwin’s testimony as well as evidence that was turned up in the Freeh report.

The defense lawyers had argued in court papers that Baldwin violated attorney-client privilege when she testified to the grand jury against the men. The lawyers also have said their clients thought Baldwin was representing them at the grand jury, but Baldwin has said she was representing the interests of Penn State.

Feudale’s decision came after the prosecuting attorneys and the defense lawyers gave oral arguments Jan. 24. The judge also said his decision was based on an “extensive and careful review” of records related to the case.

Feudale firmly believed he does not have the jurisdiction to handle the requests. Instead, his role as the supervising judge of the grand jury is to keep its proceedings secret, and his duties ended when he accepted the grand jury presentment that a majority of the grand jurors approved by a vote.

Feudale said even if he had jurisdiction, he does not think the defense lawyers’ motions have legal merit.

“Even if attorney Baldwin exercised poor judgment and/or improper ethical conduct in her handling of the Sandusky investigation; such does not (in this court’s view) provide a defense to any crimes,” Feudale wrote.

Feudale said he does not believe Baldwin violated attorney-client privilege, and the appropriate course for that would be to take the matter to the attorney disciplinary board or a civil court — not a grand jury.

Jan 5 2013

Curley and Schultz Ask For Dismissal


In new briefs filed in Dauphin County court Friday, attorneys for two former Penn State administrators pressed for a hearing on their claims that Athletic Director-on-leave Tim Curley and retired senior vice president Gary Schultz were effectively denied legal counsel when they testified in 2011 before a grand jury investigating the Jerry Sandusky child sex abuse scandal.

The defendants’ have maintained they thought then-University Counsel Cynthia Baldwin was representing them.

Baldwin, however, has argued she represented the administrators only as agents of the university, and has become a likely star witness for the prosecution in its case that Curley and Schultz lied to the grand jury about what they knew of allegations against Sandusky and how they responded to them.

Curley and Schultz’s attorneys have asked for a full hearing before Judge Todd Hoover at which they can present expert testimony about the conflict.

If Hoover finds there was a conflict, the defense has argued, he should at minimum bar prosecutors from using Curley and Schultz’s grand jury testimony at trial, thereby effectively gutting the case against them.

Today’s brief addresses only the original perjury charges filed against Curley and Schultz.

Similar challenges are being waged against perjury counts filed against former Penn State president Graham Spanier, which have not reached the preliminary hearing stage yet.

Jul 19 2012

Paterno a Media Scapegoat


The Freeh Report and media have done a tremendous injustice to all things Penn State. . Terrible things were done to young boys by a FORMER assistant football coach–and he will pay by spending the rest of his life in prison. My parents ,as PSU Graduates influenced and instilled in me the same pride in tradition, honesty, and work ethic that is synonomous with We Are…Penn State! That quote in itself describes that we are one–(it originated with a racially divided world of college football (Wally Triplett and Steve Suhey–1947).

I am a Penn State graduate, class of 1972, and as a health and phys ed graduate and with a degree in sports medicine, and having worked as an athletic trainer with many of the PSU athletic teams, I am well acquainted with most things athletic at Penn State. . I beg to differ with Thomas Day and his opinion expressed a few days ago here on CNN.com!! The new Penn State he describes sounds really familiar to me as the Penn State I attended in the late 60′s and early 70′s, and again in the 80′s. After graduation, I lived in State College for 20 years and raised my family there. I went to the same church as Sandusky, was in the same church circle as Dottie Sandusky, and my kids grew up with their kids.  I taught football players in my classes, and some were not successful in my class, and did not play football again–with no interference from the staff in the football programJerry

I continue to take great pride in my Penn State heritage.. I am very proud of Penn State, the great scholars it has produced, and the great men and women that the football and other athletic programs, and yes, Joe Paterno, have produced.

 

Penn State is committed to quality in all things–education, service, ALL extracurricular activities that make students better citizens and contributors to society.  Penn State has always set an example of great stewardship in the town and around the country in supporting worthy causes. Penn State has the largest fund raising event of any university in the world with its “Thon.” We are not “a football crazed community” as the press has described us. It is not “Joe Paterno University”–it is not football before anything else.  We love football as do Alabama, Florida, Okalahoma, Texas, Nebraska, etc., etc.  Since when is that a crime?

 

For whatever errors Paterno made in judgment by not following up in 2001, he should not be crucified as he is being now. Joe Paterno never witnessed anything reportable to the police. Joe Paterno never wrote an email. Joe Paterno never directed anyone to hide anythng. Joe Paterno never interfered with the judicial process, as witnessed by a district judge. There is not one shred of court admissible evidence in the Freeh Report that specifically indicts Joe Paterno. The Grand Jury in Harrisburg found Joe Paterno to be a credible and honest and forthright witness, hiding nothing. And yet the Press, in an effort to get a “fat cat” big headline news story that has salaciousness to it, has jumped to its conclusions and done all that it could to destroy a lifetime of good works and honor.

The statue stays, or I will be sitting on the wall protecting it–that statue wasn’t particularly liked by Joe, but it represents what I think he represented–turning students and athletes into men and women who would go forward in the world and “make an impact!”

Jul 12 2012

PENN STATE ISSUES STATEMENT ON FREEH REPORT


PENN STATE ISSUES STATEMENT ON FREEH REPORT

July 12, 2012, SCRANTON, PA - Today’s comprehensive report is sad and sobering in that it concludes that at the moment of truth, people in positions of authority and responsibility did not put the welfare of children first. The Board of Trustees, as the group that has paramount accountability for overseeing and ensuring the proper functioning and governance of the University, accepts full responsibility for the failures that occurred. The Board, in cooperation with the Administration, will take every action to ensure that events like these never happen again in our university community.

The focus of all of our actions going forward will be on driving a culture of honesty, integrity, responsible leadership and accountability at all levels and within all units of our institution.

Judge Freeh’s report concludes that certain people at the University who were in a position to protect children or confront the predator failed to do so. There can be no ambiguity about that. The defenseless victims and their families are at the forefront of our thoughts and prayers. We are deeply sorry for the failure to protect these vulnerable young boys from the pain and anguish they suffered. At the same time, we are filled with admiration for the bravery shown by the young men and their families who came forward to ensure that justice will be done.

While today’s issuance of the Freeh Report provides some level of clarity for our community, it does not undo the pain that the victims of Jerry Sandusky have experienced, and continue to experience. We will continue to offer counseling to Mr. Sandusky’s victims, listen to them and take affirmative steps to address the harm they have suffered.

Beyond our campuses, the University is undertaking a number of actions to help build greater awareness of the societal issue of child sexual abuse. We are partnering with the Pennsylvania Coalition Against Rape (PCAR) and have also created the Center for the Protection of Children at the Hershey Medical Center. Penn State University intends to be a constructive leader in preventing, reporting and responding to such abuse. This is a problem that plagues our nation, and we have a special duty to increase awareness, prevention and treatment of child sexual abuse.

Judge Freeh’s investigation was intended to identify where failures occurred and what changes should be made for the future. As the Freeh report noted, the University has already taken steps to begin addressing some of the shortcomings.

The Board of Trustees acknowledges that it failed to create an environment of accountability and transparency and did not have optimal reporting procedures or committee structures. Beginning in March 2011 and continuing until the publication of the Grand Jury presentment in November 2011, the Board failed to make proper inquiry of President Spanier and others regarding the Sandusky matter. As a result, the Board was unprepared to deal with the events that occurred in November 2011.

The Board has begun taking a more active oversight role and has implemented specific oversight committees, focused on Risk, Audit, Legal, Compliance, Academic Excellence, Governance and Human Resources. Furthermore, the Board is committed to greater transparency and communications with the entire University community.

Additionally, the University Administration has strengthened policies and programs involving minors, child abuse and mandated reporter training; ensuring a process for prompt reporting of abuse and sexual misconduct; hiring a new, full-time Clery Compliance Coordinator and providing Clery Act training for employees; and establishing a position of, and commencing a national search for, a director of University Compliance. Further information can be found here: www.progress.psu.edu.

In the weeks ahead, the University will carefully review and consider each of the report’s recommendations. Tomorrow at its regularly scheduled meeting, the Board of Trustees will consider a series of immediate next steps. President Rodney Erickson has appointed three members of his senior leadership team to coordinate and implement operational changes suggested by the Freeh Report.

As the Freeh Report notes Penn State “is an outstanding institution, nationally renowned for its excellence in academics and research.” Nothing in this report detracts from the many significant accomplishments of our faculty, staff, students and alumni. We also remain proud of the accomplishments of Penn State’s student athletes over many years, and we reaffirm the fundamental premise that academic excellence and athletic achievement are wholly consistent and complementary goals.

With the release of the Freeh Report we are beginning to correct our failures, promote healing and build a stronger tomorrow for Penn State. We are continuing the process of addressing the most painful chapter in the University’s history so that we can heal and move forward.