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.
Voting begins today in the contentious election for three alumni seats on Penn State’s Board of Trustees. The trustees race once generated little interest in the general public, let alone the 560,000 Penn State alumni across the country. But that changed last year following scrutiny on the actions of university leaders in the aftermath of retired assistant football coach Jerry Sandusky’s arrest in November 2011 on child sex abuse charges. Any of the university’s 560,000 alumni can vote, though they must first contact the Board of Trustees office. Voters can cast ballots online or through the mail. Voting ends May 2, with results to be announced the following day at the trustees meeting
If you did not get your ballot, be sure to contact the alumni office!!!!!
I recommend you Vote for Scott Kimler!!!!!!!
Scott is one of the 6-person Executive Committee on PSU-ReBOT.org – which formed as a direct result of the Sandusky scandal. Our group mission has been to reform the Penn State Board of Trustees. We embarked on several initiatives to improve Penn State, which include:
-Supporting the Faculty Senate “BOT Vote of No Confidence” by making presenting at the January 2012 meeting and collecting more than 4,500 petition signatures
-Embarking on an ambitious research project to collect & evaluate governance metrics from 60+ land-grant and BigTen universities for peer review comparison with Penn State
-Advocate for Alumni BOT election reform, which resulted in:
-first-ever Meet and Greet during Blue/White weekend;
-first-ever 86-candidate straw poll (Scott) http://goo.gl/dG478 and
-a single, interactive web-page with candidate information for all 86 candidates “Super Table” (Scott) – http://goo.gl/NjPnc
-Work with existing Board members to advocate reform (spring 2012)
-Work with former Auditor General Jack Wagner and his staff on governance reform (summer 2012) http://goo.gl/bqfRS
-A letter-writing campaign to BOT members urging Wagner reform recommendations (Jan 2013) – http://goo.gl/76DLz
In addition to strategic planning and leadership duties on the Executive Committee, I am also responsible for PSU-ReBOT.org web properties. I designed, created and maintain the http://www.psu-rebot.org website, the Facebook page and the @psu_rebot Twitter presence. PSU Board Relevance – Demonstrated daily commitment to improving Penn State, for over a year. I didn’t wait for a seat on the Board to make a positive impact, I got involved and have applied myself to the task of improving Penn State with both purposeand resolve. Through my involvement, I am aware of the history of decisions the Board has made post-Sandusky, have made many contacts with members of the Penn State community including members of the current Board, various members and leaders of alumni groups, Penn State faculty and many students. As a Board member, I can hit the ground running and am eager to continue reform efforts in person and working with other reform-minded Trustees. My web development and social media abilities will be an asset to the ‘tip-of-the-spear’ efforts for transparency, openness and trust desperately needed within the Penn State Board of Trustees.
Nittany Nation blogger Frank Bodani is reporting that, to give the report and its assertions a better evaluation, Costas is going to host a TV program on NBC, “a further examination of this issue in a month or two.”
Said Costas, “I said, ‘As the Freeh Report makes clear, Paterno was, in some sense, complicit’” to Sandusky’s abuse of young boys.
“I didn’t say he was part of a cover-up. I wish I would have said, ‘As the Freeh Report asserts,’ rather than, ‘As the Freeh Report makes clear.’”
Costas first reversed direction on the Freeh report a few weeks ago in an interview with radio host Kevin Slaten of KQQZ in St. Louis, but now is the first evidence we’re seeing of a potential TV program to address the issue. When he first commented on the report last July, Costas had only read summaries of the document, and not the entire 267-page report itself. Previously, he had advocated for the so-called “death penalty” for Penn State football for at least a year. He now thinks that the NCAA sanctions in place are undeservedly steep.
In a way similar to the Paterno report’s questioning of Freeh’s investigation, Costas will take aim at Freeh’s conclusions that, according to him, still raise questions of their validity. Costas acknowledged that the report by Thornburgh, Clemente, and Berlin raised legitimate questions about holes in the Freeh Report.
Though Costas says that, nationally, the public may not care enough to reverse its opinion on the issue, having moved on and forgotten, he adds, “I feel I have some responsibility to follow the story.” No other details about the program have yet been released such as an air date, besides that it will air on NBC “in a month or two.”
SUCCESS WITH HONOR
March 28, 2013
Dear Fellow Lettermen,
We write to you about a matter of great importance to our University. As fellow Lettermen and alumni of the Pennsylvania State University we, like the rest of the Nation, were horrified by the actions of Jerry Sandusky. No words that we or anyone else can say will ever heal Sandusky’s victims, their families or the damage that he caused other than to say our thoughts and prayers remain with them. Also horrifying has been the ensuing damage inflicted to the standing of our University due in large part to the failure of the Board of Trustees. It is for this reason that we are compelled to step forward and oppose Paul Suhey’s re-election to the Board. We take this action with the full understanding of the division this may cause amongst us. It is not a role we relish but, it is one we believe is necessary to prevent any further damage to our University.
At nearly every turn over the past sixteen months, the Board of Trustees has failed miserably to exercise the necessary leadership and responsibility to guide our University. No greater illustration is the Board’s handling of Joe and the Freeh Report. While admittedly not knowing all of the facts, the Board unanimously rushed to judgment and fired Joe after 62 years of service to the University without ever once talking with him. Similarly, the Board to this very day has failed to discuss the substance of the Freeh report let alone question its evidentiary basis or lack thereof. The consequences of these actions have severely tarnished the reputation and legacy of Coach Paterno and have brought great harm upon the University, our beloved program and the innocent players and coaches who now occupy our locker room.
In the coming days, you will no doubt hear how Paul Suhey disagreed with these actions but cannot tell “his side” for legal reasons or how knew Joe as “Uncle Joe”. To this we say nonsense! Actions speak louder than words and if Suhey disagreed with the actions the Board was taking he had both an obligation and a duty to speak up and cast his vote accordingly. The fact that he failed to do so only underscores the point that he is not fit to serve on the board a day longer. The choice is for everyone to make but, for us it could not be any clearer – retire Paul Suhey, like he claimed to retire Joe, by not re-electing him.
Robert Capretto ’67
Tom Donchez ’74
Franco Harris ’72
Justin Ingram ’00
Christian Marrone ’97
Brian Masella ’74 Lydell Mitchell ’72
Michael Robinson ‘04
Steve Smear ’69
Brandon Short ’99
On March 14, 2013, at a sub-committee meeting of the Penn State Board of Trustees, Frazier uttered a racist and bigoted remark at a candidate running for the Board of Trustees who criticized the Freeh narrative.
Merck Corporate Works on the Cover-up
Merck and Co.
United States <!–[if !vml]–><!–[endif]–>
40.3958 (40° 23′ 44.88″ N)
-74.3255 (74° 19′ 31.80″ W)
Previous edit on Freeh Report entry on Frazier’s wiki page
Controlling the PSU Narrative
STATE COLLEGE, Pa. — NBC plans to air excerpts of jailhouse interviews with
former Penn State assistant coach Jerry Sandusky next week that were given to a
documentary filmmaker working on a defense of Joe Paterno. (actually working on finding the truth–no matter where it leads).
The network said in the segment, to be broadcast Monday on the “Today” show, the convicted sex offender will give his account of the encounters that landed him in prison and discuss his former boss, who was accused in a university-funded
investigation of covering up allegations against Sandusky in a bid to preserve
the football program’s reputation. (actually, it was a “report” devoid of facts that was commissioned by a special task force to protect members of the special task force–not the University. The University footed the bill.)
John Ziegler said Friday he interviewed Sandusky over the phone several times and in person at Greene State Prison, and that they exchanged letters. Ziegler confirmed to the AP he would share taped excerpts on the program but declined to disclose what they revealed.
editor note: John Ziegler is not trying to defend Jerry Sandusky, he is trying to shed more light on truths of what happened and who might have known. His website is full of facts and information, and it is hoped that tomorrow will shed more light on more truth. (not defend Sandusky)!!
PA House member Scott Conklin has asked the help of everyone who cares about
Penn State and who understands that the PSU Board of Trustees needs to get
serious reform. Two House members allegedly have been lobbied by current BOT members to stall four reform bills so that they cannot reach the floor of the
House to receive a fair hearing. If the recent PA Senate hearing is to be
anything more than a distant memory, and BOT reform to avoid being buried by our status quo trustees, we need to provide serious, and I mean SERIOUS,
encouragement to those House members to stop obstructing these bills. And
encourage House leaders to assist in that effort. We need a tsunami of emails
and snail mail to the four individuals provided here. IF you are planning to write a letter, we encourage you to be short and to the point—the trick is to be clear from the beginning what you want from this person. Write your own letter, use this one, splice something short together—your call. If you’re not a resident of PA, don’t share that with them. You’re Penn State—that’s enough. Finally, feel free to mail any snail mail letter when you’re ready. However, emails should be sent on MONDAY!
writing you to request that you assist in moving legislation relating to reform
of the Penn State Board of Trustees to the floor of the House so that it can
receive the hearing that it deserves. The current leadership of the Board is
attempting to offer only minor adjustments to Board practices and touting them
as major reforms. This is the same leadership which failed to respond
effectively to crises during the past sixteen months, and those failures have
done serious damage to the Commonwealth’s flagship university.
following bills need your cooperation and assistance:
- House Bill 299 –
Reduce the size of the Board of Trustees
- House Bill 310 – Reorganize
the voting structure of the Board
- House Bill 311 – Amend the Right-To-Know
Law to include State Related entities
- House Bill 312 – Amend the Ethics Act
to include State Related entities
We are all counting on your help to
bring the Penn State Board of Trustees into the Twenty-First century.
The Honorable Samuel H. Smith
Speaker of the
139 Main Capitol BuildingPO Box 202066Harrisburg, PA
110 Main Capitol BuildingPO Box
202028Harrisburg, PA 17120-2028
Daryl Metcalfe, Chairman
House State Government Committee144 Main CapitolPO
Box 202012Harrisburg, PA 17120-2012
Paul Clymer, Chairman
House Education Committee
216 Ryan Office BuildingPO
Box 202145Harrisburg, PA 17120-2145