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So when Freeh issues an unhinged rant in a press release....

....will his bizarre, inflammatory rant spewed from his law firm affect the current civil cases?
Discuss.


The Legal Intelligencer wrote this on March 27:

Former Penn State president Graham Spanier was acquitted of the two most serious charges he faced over allegations that he harbored serial child molester Jerry Sandusky, but the guilty verdict on a misdemeanor child endangerment charge will likely kill any chances of recovery in civil suits over fallout from the Sandusky scandal, according to attorneys.

On March 24, a Dauphin County jury found Spanier guilty on the misdemeanor for failing to properly act in the face of reports that Sandusky had molested a child, but also acquitted him of a felony count of child endangerment and a related conspiracy charge. The misdemeanor conviction is punishable by a maximum of five years in prison and a $10,000 fine.

The conviction, according to civil attorneys, is at least in part a validation of the controversial report written by Louis Freeh, often referred to as the "Freeh report," that blamed Spanier and other Penn State officials for failing to stop Sandusky, who in 2012 was found guilty of 45 out of 48 charges related to sexual abuse of children.

The report outlined what Freeh alleged were the failures of the organization to respond to reports of child sexual abuse, and, since being released in July 2012, the document has been central to at least three high-profile civil suits filed in connection to the Sandusky scandal.

Those suits—Spanier v. Freeh, Spanier v. Penn State and Paterno v. National Collegiate Athletic Association—allege either defamation directly from the Freeh report, or that the defendant organizations improperly disseminated or relied on those conclusions.

But in light of the recent conviction, those claims might all be in peril, said Bochetto & Lentz attorney George Bochetto, who focuses in part on defamation lawsuits.

"The gist or the sting of [the Freeh report] statement has now been borne out by a jury in a criminal trial beyond a reasonable doubt. That's going to significantly hinder Spanier's ability to prevail in a defamation suit," Bochetto said. "There's going to be ramifications in the Paterno case, no question about it. The jury's verdict, at least in some respect, bears out the thrust of the Freeh report that there was an institutional failure."

Bochetto noted that, because of Spanier's public position, he faces a heightened burden when it comes to prevailing in a defamation case, and so even if the criminal conviction is ultimately overturned by an appellate court, the verdict will still be a major hurdle for Spanier in the civil case.

"Regardless of whether it is overturned, it is helpful to the defense because the standard is not falsity, it's knowing falsity," Bochetto said. "It loses its knowing, or outrageous falsity feature."

Kline & Specter attorney Thomas R. Kline agreed.

"It's extraordinarily significant. He was criminally convicted of the very thing which he alleged in his lawsuit was defamatory," Kline said. "In libel suits, truth is a defense."

Kline represented victims of Sandusky in civil suits against Penn State, and one of the victims Kline represented was an unnamed witness at Spanier's criminal trial. That witness said he was molested by Sandusky after Spanier and others failed to act on a report in 2001 that Sandusky had showered with a young boy on campus.

Admissibility of Criminal Findings
Whether or not the guilty finding will be admitted into the civil suits has yet to be determined, given how recent the verdict is. However, according to attorneys, acquittals are usually not allowed to come into civil suits due to the differences in being "not guilty" versus "innocent," but criminal convictions are often admissible and weighty evidence for juries.

However, Pittsburgh civil attorney John Gismondi noted that the admissibility is not always so clear, and attorneys may want to drill down into exactly how each element of the criminal conviction relates to the specific civil claims.

"For example, one of the big debates [in the Spanier case] was whether or not [he knew the 2001 shower] incident was horseplay, or sexual. I'm not sure if that misdemeanor conviction would involve a finding one way or the other on that," Gismondi said. "So it depends on what it is you're trying to use the conviction for."

Montgomery McCracken Walker & Rhoads attorney Jeremy Mishkin, who often represents defendants in complex civil suits, took that notion one step further, and said that, given the fact that Spanier was acquitted and found guilty on very similar charges, the argument could be made that no clear connections could be drawn.

"I could almost see a judge saying we can't speculate about what a jury did and why," Mishkin said. "I can imagine a judge saying, 'I'm not going to allow any of that into evidence.'"

The argument, however, would require some serious "flyspecking by some very smart lawyers," he said.

Dechert attorney Robert C. Heim, who is representing Freeh, said Spanier's civil suit against Freeh was "always a weak case."

"Now it's gotten considerably weaker," he said. "We're looking at the legal consequences and haven't come to a conclusion at this point."

Spanier's attorney, Elizabeth Locke of Clare Locke, as well as a spokeswoman for Penn State, the communications office for the National Collegiate Athletic Association and Thomas Weber of Goldberg Katzman, who is representing the Paterno plaintiffs, did not return messages seeking comment.

I fixed his press release to better reflect what actually went on at trial:

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  • Poll
Poll: Favorite cartoon growing up

Poll: Favorite cartoon growing up

  • Captain Caveman

    Votes: 6 7.3%
  • Dynomutt

    Votes: 4 4.9%
  • Flintstones

    Votes: 36 43.9%
  • Scooby Doo

    Votes: 22 26.8%
  • Pinky and the Brain

    Votes: 4 4.9%
  • Superfriends

    Votes: 12 14.6%
  • Johnny Quest

    Votes: 22 26.8%
  • Simpsons

    Votes: 5 6.1%
  • Godzilla

    Votes: 4 4.9%
  • Laff Olympics

    Votes: 7 8.5%

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6.

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8.

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9.

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10.

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Bonus:

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So what would you think if the Captain

ordered everyone off the plane, then boarded the four crew and got outa Dodge?
One person choose to put everyone else on the plane at risk of making their flight. He got chosen to be removed and was no better than the three who got off when they were chosen. Sorry about his luck but one plane load of folks going to Louisville and one planeload going out from Louisville were at risk because of his childish behavior. If it was his time and his bad luck he needed to suck it up and be an adult.
My opinion only.
The cops could have done better but his actions were just as responsible.

  • Poll
Who wants to play the Penn State Investigation edition of Jeopardy?

Veteran federal investigator who has voluntarily responded to informed questions about his work.

  • Who is Louis Freeh

  • Who is John Snedden


Results are only viewable after voting.

Of course we all do. So let's get to it!

And the answer is:

This veteran federal employee personally conducted an independent & thorough investigation of the Sandusky incident at Penn State for a disinterested, third-party client which was documented in a lengthy report. He later voluntarily responded to informed questions about both the investigation & the report, and those responses are readily available in the public domain.
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OT: Looking for input on trout fishing in greater Yellowstone/Grand Teton area

My wife and I are planning a week long vacation with a couple of days spent in various spots around Yellowstone NP and the Grand Tetons. The potential areas are Bozeman/Livingston and Red Lodge Montana, Jackson/West Tetons and Cody/East Yellowstone Wyoming. I would like to spend a half day fly fishing somewhere, but I would like to have a guide (casting coach LOL) to help increase my chance of success.

My priorities would be wow type experience first, followed by success of landing a fish. It would be great if this could happen near a town where my wife could spend the time shopping. Right now the dates and locations are pretty open. Do any of you have any recommendations for a specific guide/river/town that I could check into?
  • Like
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  • Poll
Poll: Best Sitcom since 1970...

Best sitcom from the 70's to today...

  • All in the Family

    Votes: 30 11.0%
  • MASH

    Votes: 38 14.0%
  • Cheers

    Votes: 33 12.1%
  • The Cosby Show

    Votes: 2 0.7%
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    Votes: 13 4.8%
  • Seinfeld

    Votes: 119 43.8%
  • The Mary Tyler Moore Show

    Votes: 5 1.8%
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    Votes: 10 3.7%
  • The Office

    Votes: 10 3.7%
  • Married with Children

    Votes: 12 4.4%

In honor of Cliffie's birthday today ..... what is your favorite sitcom of all time?

I didn't reach back as far as The Honeymooners, Dick Van Dyke or Gilligan's Island since I never watched those shows in real time. The first sitcom I ever remember watching "live" was The Mary Tyler Moore show. I also limited it to network TV and no animated shows.

My top ten in no order ..............
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I am a Lion in Idaho!

I attached the link because the comment section is interesting.

Link: http://www.blackshoediaries.com/2017/4/1/15150904/i-am-lion-in-idaho

I am a Lion in Idaho!

By Lion_n_Idaho11 on Apr 1, 2017, 7:38pm EDT 38

Hey guys!

I was just accepted into Penn State Graduate school! I am very excited and ready to devote my heart to Penn State! I can't wait to get to university park and attend the Pitt game. I am going to need some help from all of you. I want to dive into the culture of Penn State and find out who WE really ARE. I have a ton of questions! Coach Franklin even DMd me a "congrats" I am excited to dive into this upcoming season! Teach me how to be a Lion!

1. Who is our Rival?

-Why are they our Rival?

-What is our overall record?

-Any great rival moments?

2. What are traditions on and off the football field we should be aware of? (Going to Pitt game)

3. Who is our all time best player?

4. Who is our most successful player (Professional career in NFL)

5. What are our expected record or post season status every year?

6. Do we have national championships? How many? when was the last one?

7. Most famous alumni (Non sports related)

8. Are there any other sports that I should watch out for?

9. Any one I should follow on twitter to get good coverage of the Penn State sports?

10. Why do you love Penn state?



I hope I get some responses as I am eager to be one in the community and cheer on the football team :)



sincerely

A lion in Idaho.
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