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McQueary v. Penn State: Has your opinion of Curley, Schultz, or Spanier changed?

Has anything that has come out in McQueary v. Penn State changed your opinion of Tim Curley, Gary Schultz, or Graham Spanier? If so, how?

(I am not asking about Joe Paterno because he has not been a focus of the trial (directly) and because he was never charged with a crime. If you have thoughts about Joe as they relate to McQueary v. Penn State, feel free to add them, but it is not my intention to make this "all about Joe".)

Prosecution: Kane Deserves Prison for 'Egregious' Crimes

Prosecution: Kane Deserves Prison for 'Egregious' Crimes

"...the sentencing brief filed Monday by the Montgomery County District Attorney's Office, which said Kane should face prison time for orchestrating the leak of confidential investigative information, then lying before a grand jury investigating the leak. According to the brief, Kane faces a maximum prison sentence of 12 to 24 years."

Lizzy McLellan, The Legal Intelligencer
October 17, 2016 |

Pennsylvania_AG_Kane-Article-201511171934.jpg

Pennsylvania Attorney General Kathleen Kane departs after her preliminary hearing Nov. 10, 2015, at the Montgomery County courthouse in Norristown.
AP photo by Matt Rourke
Prosecutors have requested consecutive prison sentences for Kathleen Kane, after the former Pennsylvania attorney general was convicted of perjury, official oppression and related crimes in August. Kane, meanwhile, has asked to be placed on probation, having been sufficiently "humbled and embarrassed" by her convictions.

In a sentencing memo filed Tuesday morning, Kane's attorney said she has lived a life "dedicated to merciful acts," and asked Montgomery County Court of Common Pleas Judge Wendy Demchick-Alloy for "mercy in return." The memo touted Kane's "courageous" decision not to defend Pennsylvania's statute barring same-sex marriage, her creation of a mobile street crimes unit to address the heroin epidemic and her expansion of the Office of Attorney General's child predator section, suggesting the good she did in public service should outweigh her crimes.

The memo stood in stark contrast to the sentencing brief filed Monday by the Montgomery County District Attorney's Office, which said Kane should face prison time for orchestrating the leak of confidential investigative information, then lying before a grand jury investigating the leak. According to the brief, Kane faces a maximum prison sentence of 12 to 24 years.

"The commonwealth does not make this request lightly," the prosecutors' brief said. "The facts of this case are particularly egregious, and the impact that these crimes have had on the commonwealth of Pennsylvania, the Office of Attorney General, the law enforcement community and on [former Philadelphia NAACP head] J. Whyatt Mondesire and his family is substantial, widespread and ongoing."

Kane was convicted of two counts of perjury, a felony with a maximum sentence of three-and-a-half to seven years in prison and a $15,000 fine per count. She was also found guilty of seven misdemeanor counts, each with a maximum sentence of one to two years in prison and a $5,000 fine.

The prosecutors said a probationary sentence would be "entirely inappropriate." They noted that Kane was "well aware" of the restrictions on investigative information under the Criminal History Record Information Act and the Grand Jury Act. The brief also detailed the effects of her actions while in office.

"During her tenure as attorney general, Kane behaved in a paranoid manner and repeatedly misused her official authority to advance her personal vendettas," the prosecutors said. "Kane's crimes and her behavior in office not only destroyed morale within the OAG, it diminished the reputation of the entire OAG and law enforcement generally."

The District Attorney's Office also argued that Kane showed a lack of remorse over her actions. In her memo, Kane said she feels "deep regret" that she violated the trust of Pennsylvania's citizens. She argued that her "tremendous fall from grace" has brought her so low that traditional incarceration is not needed to aid her rehabilitation.

Kane's memo included 29 letters from family, friends and members of law enforcement, including one from a doctor indicating Kane is at risk for developing cervical cancer and requires occasional medical evaluations.

In lieu of probation, Kane asked to be sentenced to house arrest. On Monday, Demchick-Alloy filed an order directing the Montgomery County Adult Parole and Probation Department to complete a house-arrest suitability assessment before Kane's sentencing.

Kane filed a motion last week asking for the assessment, arguing that she is a nonviolent offender with a low recidivism risk. She also said she is the primary caregiver to her two minor children, though her prosecutors argued that should not be a factor because she shares custody evenly with the children's father.

The District Attorney's Office argued in response that house arrest is seldom used, and is usually reserved for defendants who have "debilitating medical conditions" or who care for someone with such a condition. It is only meant to be available to defendants who would otherwise receive county jail sentences, rather than state prison sentences, the prosecutors said.

Neither a spokeswoman for the District Attorney's Office nor Kane's attorney, Marc Steinberg of Rubin, Glickman, Steinberg & Gifford, returned requests for comment.

Ben Seal contributed to this report.
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McQueary vs PSU(BOT): Opening statements to be heard today (Monday, 10/17/2016)

News appears to have flown under the radar on NFL Sunday.
Login to view embedded media Whistleblower suit tied to Penn St. abuse case set for trial
ASSOCIATED PRESS (LINK)

BELLEFONTE, Pa. — A lawsuit by a former Penn State coach whose testimony helped convict fellow assistant Jerry Sandusky of being a sexually violent predator goes to trial Monday over allegations that the university defamed him and wrongly refused to renew his contract.

Mike McQueary, now 42, played quarterback at Penn State before becoming a member of Joe Paterno’s coaching staff.

But he became best known as the assistant who went to Paterno in 2001 to report seeing Sandusky, then a retiree with gym privileges, sexually molesting a boy in the team shower. Sandusky was not arrested until a decade later, leading to accusations of a high-level cover-up.

Nine women and three men were chosen for the jury last week. Both sides will make opening statements Monday.

McQueary was suspended with pay from the football program in 2011, when the first charges were brought in the case. Following Sandusky’s conviction in 2012 on charges of abusing 10 boys, McQueary learned he was effectively being terminated from his $140,000-a-year job.

He claims in his whistleblower lawsuit that he was retaliated against for helping prosecutors, wrongly misled by high-ranking administrators who first heard his story in 2001, and defamed.

His own role in the scandal has also drawn scrutiny because he did not physically intervene in the sexual assault of the boy, and because he didn’t go to the police.

McQueary went to Paterno’s home a day after the shower incident to discuss what he had seen. Paterno alerted Tim Curley, the athletic director at the time, and Gary Schultz, a vice president at the time, and McQueary met with both of them about a week later.

Paterno’s handling of the complaint was eventually cited by trustees as one of the reasons for his firing in late 2011. Paterno died a few months later.

In his lawsuit, which seeks more than $4 million, McQueary claims Curley and Schultz wrongly led him to believe that they considered it a serious matter and that they would respond appropriately.

As a result, the lawsuit claims, McQueary “has been labeled and branded as being part of a cover-up,” making it impossible for him to find work as a football coach.

He also claims he was defamed by a news release issued by Graham Spanier — Penn State president at the time — on the day Sandusky was charged, expressing full support for Curley and Schultz, who both had also been charged criminally for not reporting the abuse claim and other offenses.

The lawsuit says Spanier’s statement and comments he made a few days later to athletics staff “clearly suggest” McQueary had lied before a grand jury and to police. Spanier is also accused of failing to properly report suspected abuse and endangering children. He is awaiting trial.

It appears from court documents that neither Curley nor Schultz will answer any questions if called to testify in McQueary’s lawsuit. Both invoked their Fifth Amendment right against self-incrimination when attorneys sought to question them during the pretrial phase of the case.

Spanier has not said whether he would testify.

McQueary has already told his story to a grand jury, at a preliminary hearing and at Sandusky’s 2012 trial.

Sandusky, 72, is serving a 30- to 60-year sentence at a prison in southwestern Pennsylvania. He maintains his innocence.

During the Sandusky trial, McQueary gave this account on what he witnessed:

Entering the locker room, he heard showers running and “smacking sounds.” In a mirror, he saw Sandusky standing behind a boy whose hands were against the shower wall. He turned to see directly that Sandusky had his arms around the boy’s midsection, testifying it “was sexual, it was wrong, it was perverse.”

He became alarmed, flustered and shocked, slamming shut his locker. He then saw that Sandusky and the boy, estimated at ages 10 to 12, had become separated.

He did not say anything to Sandusky or the boy. Instead, he went to his office and called his father, who advised him to come to his home to convey what he had seen. Early the next day, he contacted Paterno.

Asked during the trial whether he called police, he replied that he felt that he had because Schultz had an oversight role with campus police as vice president for business and finance.

It was only an anonymous email sent to the district attorney in November 2010 that led investigators to first approach McQueary in the case.

Sandusky was convicted of 45 counts, including four that involved the shower encounter: indecent assault, unlawful contact with minors, corruption of minors and endangering the welfare of children. He was acquitted of the most serious charge related to the incident McQueary witnessed, involuntary deviate sexual intercourse.

The identity of the boy, called Victim 2 in court records, remains in dispute. A man who said he was Victim 2 reached a settlement with the university, but the lead prosecutor at Sandusky’s trial said in court recently he does not believe he was the person McQueary saw in the shower.

The criminal case against Spanier, Curley and Schultz is still pending.

---------------

Headline almost looks like an intentional attempt to troll our beloved Illini friend @Nellie R who has worked so hard in the name of child welfare to teach newsrooms across the country that this is not a "Penn State abuse case," but rather a systemic failure by The Second Mile, Department of Public Welfare, Children & Youth Services, Central Mountain HS, Office of Attorney General, foster and adoption agencies, local judges (serving as Directors for TSM), etc... all of whom gave Jerry their seal of approval to continue doing what PSU told him not to do in 1998 (to steal a line from @WeR0206).

Penn State’s former outside general counsel Wendell Courtney advised former VP Gary Schultz....

link: http://www.statecollege.com/news/lo...-in-mcqueary-case-against-penn-state,1469558/

Testimony Continues in McQueary Case Against Penn State
by Geoff Rushton on October 17, 2016 6:19 PM



Mike McQueary leaves the Centre County Courthouse Annex following the first day of trial in his civil suit against Penn State. Photo: Geoff Rushton/StateCollege.com
Click photo for gallery

Penn State’s former outside general counsel Wendell Courtney advised former vice president Gary Schultz to go to the Department of Public Welfare after Mike McQueary reported an incident in 2001 of seeing Jerry Sandusky in the shower with a boy.

But, Courtney said, he never reached a legal conclusion that the report had been mandated, nor did he determine an incident of suspected child abuse had occurred.

Courtney testified Monday afternoon in McQueary’s civil lawsuit against Penn State . McQueary, the former Penn State football assistant coach, is suing the university on whistleblower, defamation and misrepresentation claims and says that the university’s handling of the report and treatment of him after Sandusky was charged with child sexual abuse in 2011 have damaged his reputation and kept him from finding employment.

The trial began on Monday morning with opening statements.

Courtney said he was contacted by Schultz on Sunday, Feb. 11, 2001, two days after McQueary saw Sandusky and the boy in the shower. His time sheet at the firm of McQuaide Blasko, the university’s outside law firm, noted the conference was about reporting suspected child abuse and legal research into the matter.

Courtney said he considered reporting the incident to DPW to be “the smart thing to do,” but was unaware if it had been reported. He said Schultz had described the incident to him as an unnamed graduate assistant having been made uncomfortable after witnessing Sandusky engaged in “horseplay” with a child in a shower area.

The incident was not described as sexual activity, Courtney said on cross-examination by Penn State attorney Nancy Conrad, He said that the notation of “reporting suspected child abuse” was his own and meant to designate that he had researched child protective services laws in light of what Schultz had told him.

“There was no report of sexual activity,” Courtney said. “I am positive I would have asked [Schultz] if it involved sexual activity, and if it had it wouldn’t have been described as horseplay.”

What Schultz and former Athletic Director Tim Curley were told by McQueary and what they decided to do with that information are central to McQueary’s misrepresentation claim. He asserts that he told the administrators in detail that he had witnessed Sandusky sexually abusing a child in a shower in the Lasch Football Building. He says they told him the matter would be taken seriously and investigated and appropriate action taken.

Penn State’s director of public information Lisa Powers also testified about the statement issued by then-President Graham Spanier following the charges against Sandusky as well as perjury and failure to report suspected child abuse charges against Curley and Schultz related to the McQueary 2001 report.

McQueary contends the statement, which expressed “unconditional support “ for Curley and Schultz and confidence that the charges against them were “groundless,” was defamatory because it implied McQueary was lying.

Powers testified that on Oct. 28, 2011, eight days before the grand jury presentment of charges against Sandusky, Curley and Schultz, she along with then-Vice President for University Relations Bill Mahon were called to a meeting with Spanier, in which he informed them Curley and Schultz would be charged.

Spanier gave them a copy of the statement he had drafted. Powers said Mahon pointed out that Spanier’s draft did not mention Sandusky’s alleged victims. Spanier then added what would become the first paragraph of the statement released after the presentment was made public, in which he called the allegations against Sandusky “troubling” and said the protection of children requires “utmost vigilance.” She said McQueary was not mentioned during the meeting.

Powers said she questioned Spanier about the statement of unconditional support.

“He said to me if I was doing my job and doing it correctly and had done nothing wrong, would I not want him to support me?” Powers testified.

“He felt it was an attack on his leadership team and nothing more,” she added.

She said she felt the later addition of statements of innocence by attorneys for Schultz and Curley was inappropriate but was told by Mahon it “was what [Spanier] wanted.”

Powers, who testified she did not know the specifics of the charges until after the statement was drafted, also said she did not later consider removing the statement from the Penn State website because it was part of the historical record.

Former longtime Penn State football assistant coach Fran Ganter also testified on Monday afternoon. Though Ganter helped recruit and coach McQueary as a player for Penn State, questions focused on his time from 2003-2012 as associate athletic director for football, a management and liaison role between the program and the athletic department.

Part of Ganter’s responsibilities included conducting performance reviews for assistant coaches, among them McQueary as wide receivers coach from 2004-2011. Portraying McQueary as an exemplary staff member who was unfairly let go, attorney Elliot Strokoff had Ganter go over each of McQueary’s performance reviews during that time. Each review had a final grade of “exceeds expectations” or “significantly exceeds expectations.”

On cross-examination, Conrad asked Ganter about how Spanier’s statement, and similar remarks given to athletics staff on Nov. 7, 2011 were perceived and if he thought they referenced McQueary. He said he did not connect the statement to McQueary and was unaware of anyone else who did.

He also testified that one of the first assistant coaches hired by Bill O’Brien when he became head coach in January 2012 was Stan Hixon, who took over McQueary’s position as wide receivers coach. Ganter said it is not uncommon in football coaching for the previous staff to be replaced by a new coach. O’Brien later told him he had all of his assistant coaches picked out from the start.

Ganter also said prior to O’Brien’s hire, a group of players came to him to set up a meeting with interim Athletic Director Dave Joyner to ask for two specific coaches – Larry Johnson and Ron Vanderlinden -- to be retained. On questioning from Strokoff, Ganter said none of them were McQueary’s position players, and that the players McQueary coached “respected him, that he would work hard for them and that he was a pretty good coach.”

McQueary claims that he was the only assistant coach from Joe Paterno’s final staff not offered an interview with O’Brien. Penn State says other assistants also were not granted interviews. Ganter said he didn’t know for sure, and Strokoff noted that because McQueary was on paid administrative leave, he was not able to use Penn State athletic facilities and would not have been permitted to come to O’Brien’s office for an interview.

McQueary approached Ganter in 2012 to make a call to some coaches who had openings on their staffs on McQueary’s behalf. Ganter said he called Matt Rhule at Temple and Al Golden at Miami and left messages saying he was calling on McQueary’s behalf. Both coaches are former Penn State players. Neither called Ganter back, he said.

McQueary is arguing that Penn State’s actions poisoned him in the college football job market, while Penn State argues that McQueary’s own actions – through a limited resume and the perception that he did not do enough to physically stop Sandusky in 2001 – are the reasons he hasn’t been hired.

Testimony is scheduled to resume at 9 a.m. Tuesday in Bellefonte.

Conference Realignment

It's coming with the news that the B12 has forgone expansion probably with pressure from UT and Oklahoma who want in the SEC because Texas needs to be with TA&M and the Oklahoma schools follow.

The SEC pays off Missouri to depart and they join the B1G along with Iowa St as that balances out the B1G conference, east/west. Purdue and Indiana go east.

The ACC takes WVU and UConn. It's all about BBall for them.

The PAC 12 takes the two Kansas schools along with Baylor and TTech and allows them to setup the "original" coastal teams and the "newbies" in separate divisions which is what all four conferences will set up, two eight team divisions.

The sport becomes very regionalized with teams playing 7 divisional foes, 3 conference foes, and 2 OOC foes to allow for some rivalries to continue. It also allows for ND and BYU to find their place in the scramble because they remain independent.

Divisional champs meet to crown a conference champion with winners advancing on to the final four.

The first domino has fallen as the Big 12 has surrendered. The rest will be worked out in the next year or two.

Enjoy the show.
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