Commonwealth's response to C/S/S pre-trial motions made public today. Roberto and Farrell requested a chance to respond by Sep 2.
http://www.dauphincounty.org/government/Court-Departments/Curley-Schultz-Spanier/Pages/default.aspx
Article from PennLive about commonwealths response:
State prosecutors are asking a trial judge to proceed with child endangerment charges against three former Penn State administrators charged as a result of the Jerry Sandusky child sex abuse scandal.
The state's response, filed last Tuesday under seal, was made public Wednesday by Dauphin County court officials.
Prosecutors say the remaining counts against former Penn State President Graham Spanier and two of his top aides are justified by precedents set in the 2012 conviction of a high-ranking Catholic church official in Philadelphia.
In that case, former Msgr. William Lynn was found guilty of child endangerment because he had reassigned priests who'd had credible sexual abuse allegations lodged against them to new jobs where they could continue to prey on children.
Lynn's conviction was seen as a landmark in sexual abuse cases, because he was the first high-ranking church official in the United States to be convicted based on the actions of his subordinates.
But the monsignor, the Penn State defendants argued in motions to kill their cases last month, was, by virtue of his duty to investigating misconduct by priests and decide on their punishment and/or treatment, directly responsible for the actions of those priests.
That nexis, the defendants' attorneys have argued, doesn't necessarily apply to the former Penn State leaders, who had no direct role in investigating allegations of child abuse.
Spanier, former Athletic Director Tim Curley, and former Senior Vice President Gary Schultz also did not have the same level of supervision over Sandusky, who at the time in question was a retiree with access to campus facilities, the defense attorneys said.
Chief Deputy Attorney General Laura Ditka, however, pointing to February 2001 emails threads that show the three men collaborating on a plan to not report an eyewitness's report against Sandusky to police or child welfare officials, argued they had a direct opportunity to catch a predator right then, and passed.
Sandusky went on to sexually abuse several more boys after 2001, and his access to Penn State teams, athletic events and facilities is considered a major factor in helping to lure them in.
When the administrators decided to handle the Mike McQueary report in-house, Ditka wrote, "they assumed the duty to ensure the matter was handled thoroughly and correctly and cannot now shrug off the responsibility that they chose to assume."
Whether Sandusky was still an employee at Penn State or not, she added, the administrators collectively "still had the duty to ensure that the allegations of sexual improprieties... were fully investigated and that sexual predators were excluded from the facilities for which they were responsible."
(The Lynn conviction, ironically, has since been reversed on other grounds, though state Supreme Court findings that Lynn as a supervisor could be held criminally liable for the actions of his subordinates are still intact.)
The prosecution also argues that it doesn't matter that Pennsylvania's child endangerment statute did not include supervisors of those who have committed bad acts until 2006, five years after the McQueary report.
Because the 2001 charge against Sandusky was never reported and Sandusky still enjoyed access to Penn State facilities after the law was broadened, the endangerment was ongoing and the defendants are properly charged, Ditka argues.
On a third point, the prosecution asserts a companion count of failure to report suspected child abuse is not time-barred - even if the triggering event occurred in 2001 - because if the report is never made, the failure to report is also an ongoing course of conduct.
The court can make these findings, the prosecution asserts, because of precedents holding that laws concerning child abuse are protective in nature, and should be applied in the context of their "broad purpose of sheltering children from harm."
In her latest filing, Ditka is trying to preserve what's left of a long-running case that took a major blow this winter, when a Superior Court panel tossed perjury and obstruction of justice charges against Spanier, Curley and Schultz, ruling that mistakes made during the 2012 grand jury testimony of the Penn State officials violated attorney / client privilege rules.
Then, in a decision that rankled several prosecutors who had worked on the Penn State probe, then-Attorney General Kathleen Kane's Solicitor General, Bruce Castor, opted not to appeal the Superior Court decision to the state Supreme Court.
The remaining child endangerment and failure to report counts, however, are still significant to all sides in the Sandusky case.
Spanier and his former aides are doing everything they can to be completely exonerated from criminal liability in the sordid Sandusky scandal.
They've maintained they had no idea about the scope of Sandusky's alleged abuses, and believe the record shows they made a thoughtful attempt to deal seriously with a bad situation.
Meanwhile many of Sandusky's victims, and victim's right groups more generally, are interested in seeing that anyone with direct responsibility for Sandusky's long run as a serial predator is held accountable.
The next set of decisions in the case is up to a new face in the Sandusky case, retired Berks County Judge John Boccabella. Boccabella was appointed to the Penn State administrators' case earlier this summer after Dauphin County judges recused themselves.
Commonwealth's response to C/S/S pre-trial motions made public today. Roberto and Farrell requested a chance to respond by Sep 2.
http://www.dauphincounty.org/government/Court-Departments/Curley-Schultz-Spanier/Pages/default.aspx
Article from PennLive about commonwealths response:
State prosecutors are asking a trial judge to proceed with child endangerment charges against three former Penn State administrators charged as a result of the Jerry Sandusky child sex abuse scandal.
The state's response, filed last Tuesday under seal, was made public Wednesday by Dauphin County court officials.
Prosecutors say the remaining counts against former Penn State President Graham Spanier and two of his top aides are justified by precedents set in the 2012 conviction of a high-ranking Catholic church official in Philadelphia.
In that case, former Msgr. William Lynn was found guilty of child endangerment because he had reassigned priests who'd had credible sexual abuse allegations lodged against them to new jobs where they could continue to prey on children.
Lynn's conviction was seen as a landmark in sexual abuse cases, because he was the first high-ranking church official in the United States to be convicted based on the actions of his subordinates.
But the monsignor, the Penn State defendants argued in motions to kill their cases last month, was, by virtue of his duty to investigating misconduct by priests and decide on their punishment and/or treatment, directly responsible for the actions of those priests.
That nexis, the defendants' attorneys have argued, doesn't necessarily apply to the former Penn State leaders, who had no direct role in investigating allegations of child abuse.
Spanier, former Athletic Director Tim Curley, and former Senior Vice President Gary Schultz also did not have the same level of supervision over Sandusky, who at the time in question was a retiree with access to campus facilities, the defense attorneys said.
Chief Deputy Attorney General Laura Ditka, however, pointing to February 2001 emails threads that show the three men collaborating on a plan to not report an eyewitness's report against Sandusky to police or child welfare officials, argued they had a direct opportunity to catch a predator right then, and passed.
Sandusky went on to sexually abuse several more boys after 2001, and his access to Penn State teams, athletic events and facilities is considered a major factor in helping to lure them in.
When the administrators decided to handle the Mike McQueary report in-house, Ditka wrote, "they assumed the duty to ensure the matter was handled thoroughly and correctly and cannot now shrug off the responsibility that they chose to assume."
Whether Sandusky was still an employee at Penn State or not, she added, the administrators collectively "still had the duty to ensure that the allegations of sexual improprieties... were fully investigated and that sexual predators were excluded from the facilities for which they were responsible."
(The Lynn conviction, ironically, has since been reversed on other grounds, though state Supreme Court findings that Lynn as a supervisor could be held criminally liable for the actions of his subordinates are still intact.)
The prosecution also argues that it doesn't matter that Pennsylvania's child endangerment statute did not include supervisors of those who have committed bad acts until 2006, five years after the McQueary report.
Because the 2001 charge against Sandusky was never reported and Sandusky still enjoyed access to Penn State facilities after the law was broadened, the endangerment was ongoing and the defendants are properly charged, Ditka argues.
On a third point, the prosecution asserts a companion count of failure to report suspected child abuse is not time-barred - even if the triggering event occurred in 2001 - because if the report is never made, the failure to report is also an ongoing course of conduct.
The court can make these findings, the prosecution asserts, because of precedents holding that laws concerning child abuse are protective in nature, and should be applied in the context of their "broad purpose of sheltering children from harm."
In her latest filing, Ditka is trying to preserve what's left of a long-running case that took a major blow this winter, when a Superior Court panel tossed perjury and obstruction of justice charges against Spanier, Curley and Schultz, ruling that mistakes made during the 2012 grand jury testimony of the Penn State officials violated attorney / client privilege rules.
Then, in a decision that rankled several prosecutors who had worked on the Penn State probe, then-Attorney General Kathleen Kane's Solicitor General, Bruce Castor, opted not to appeal the Superior Court decision to the state Supreme Court.
The remaining child endangerment and failure to report counts, however, are still significant to all sides in the Sandusky case.
Spanier and his former aides are doing everything they can to be completely exonerated from criminal liability in the sordid Sandusky scandal.
They've maintained they had no idea about the scope of Sandusky's alleged abuses, and believe the record shows they made a thoughtful attempt to deal seriously with a bad situation.
Meanwhile many of Sandusky's victims, and victim's right groups more generally, are interested in seeing that anyone with direct responsibility for Sandusky's long run as a serial predator is held accountable.
The next set of decisions in the case is up to a new face in the Sandusky case, retired Berks County Judge John Boccabella. Boccabella was appointed to the Penn State administrators' case earlier this summer after Dauphin County judges recused themselves.
Dirt, would be the word, is dumber than a bag of hair.WOW! Ditka must be completely devoid of any ability to construct a logical thought
That was B R U T A L. Maybe another Widener grad (like SenateDon)
I wouldn't want to prognosticate one way or the other on how the judge will rule - - - but unless that gal was just the one who drew the short straw and had to sign that crapola, she must be dumb as a bag of hair
You're correct, it's not about any children, it never has been. They have more important people to worry about, themselves.Sorry - until Dr. Dranov, all members of the McQueary family, Dr. Jack Raykovitz, Katherine Genovese, Bruce Heim, Robert Poole - and to follow their logic - going back to 1998, Dr. Chambers & her professional peers, State College & UPPD law enforcement officials, CYS caseworkers and all the others are ALSO charged - then I fail to see why the State can be so selective and try to nail just these 3 men.
Their logic of failing to report a child sexual offender and not keeping vigilant watch over the offender HAS TO APPLY TO EVERYONE then.
It's all or nothing.
I am so absolutely disgusted with the ongoing conduct in my AG's Office that has destroyed so many lives over this- and I've told that directly to AG Castor and Josh Shapiro - who most likely inherits this shitshow.
I completely give up. Castor will be booted out, Beemer will step in and the Centre County community will NEVER get answers about the Second Mile. Which tells me that any predator can easily set up their own grooming charity in my state - because the AG won't care!
So it was never "about the children", was it?
Sorry - until Dr. Dranov, all members of the McQueary family, Dr. Jack Raykovitz, Katherine Genovese, Bruce Heim, Robert Poole - and to follow their logic - going back to 1998, Dr. Chambers & her professional peers, State College & UPPD law enforcement officials, CYS caseworkers and all the others are ALSO charged - then I fail to see why the State can be so selective and try to nail just these 3 men.
Their logic of failing to report a child sexual offender and not keeping vigilant watch over the offender HAS TO APPLY TO EVERYONE then.
It's all or nothing.
I am so absolutely disgusted with the ongoing conduct in my AG's Office that has destroyed so many lives over this- and I've told that directly to AG Castor and Josh Shapiro - who most likely inherits this shitshow.
I completely give up. Castor will be booted out, Beemer will step in and the Centre County community will NEVER get answers about the Second Mile. Which tells me that any predator can easily set up their own grooming charity in my state - because the AG won't care!
So it was never "about the children", was it?
...and the MEDIA!!! Not just national media like the 4 letter and CNN, but the local media!!! WTH?!?!?! No one does investigative reporting anymore? Not even IR, just ask a question or two, don't just let this stuff pass!!! Disgusting....I am so absolutely disgusted with the ongoing conduct in my AG's Office
She went to Duquesne per LinkedIn. I don't know anything about her relative intelligence, but we all know there's no good basis for keeping these charges going yet the OAG can't just drop the charges so they have to pull a Hail Mary and hope the judge buys it. I absolutely hate the argument that every day constitutes a new offense to extend the SoL. With that logic there is no SoL. I think the argument has worked in some cases.WOW! Ditka must be completely devoid of any ability to construct a logical thought
That was B R U T A L. Maybe another Widener grad (like SenateDon)
I wouldn't want to prognosticate one way or the other on how the judge will rule - - - but unless that gal was just the one who drew the short straw and had to sign that crapola, she must be dumb as a bag of hair
Aren't they busy spending their "excavation" millions?Jack Raykovitz, Katherine Genovese and Bruce Heim are quietly trying to hold in their laughter.
WOW! Ditka must be completely devoid of any ability to construct a logical thought
That was B R U T A L. Maybe another Widener grad (like SenateDon)
I wouldn't want to prognosticate one way or the other on how the judge will rule - - - but unless that gal was just the one who drew the short straw and had to sign that crapola, she must be dumb as a bag of hair
Those attorneys working for the Commonwealth are either morons or servient to the point of venality. Their argument stretches the concept of vicarious liability beyond all recognizable bounds. An employer or a parent can clearly be held vicariously liable. A former (as in ten years prior) employer? Uhh, no.
They should just admit defeat and drop the remaining charges.
You use yours......ill use mine.Dirt, would be the word, is dumber than a bag of hair.
A "bag of pubic hair" works for meYou use yours......ill use mine.
I definitely like "bag of hair"
Kind of a misleading headline. It has more to do with precedent from a prosecutorial standpoint.
Ladies & Gentleman Isn't the MSM all about misdirection and deflecting?Talk about a misleading headline.
On thing Ziegler has pointed out and I think it is significant is that more than a few around this case have made comparisons to or reference the catholic church scandal in relation to Sandusky; however, the catholic church scandal broke in 2002 while the shower incident occurred in 2001. The specter of the catholic church scandal was not present when CSS addressed shower incident in 2001, but more than a few commentators, including judge (s) in this case, have tried to link the two but fail to understand the timeline.
The prosecution also argues that it doesn't matter that Pennsylvania's child endangerment statute did not include supervisors of those who have committed bad acts until 2006, five years after the McQueary report.
On thing Ziegler has pointed out and I think it is significant is that more than a few around this case have made comparisons to or reference the catholic church scandal in relation to Sandusky; however, the catholic church scandal broke in 2002 while the shower incident occurred in 2001. The specter of the catholic church scandal was not present when CSS addressed shower incident in 2001, but more than a few commentators, including judge (s) in this case, have tried to link the two but fail to understand the timeline.
Ex post facto is most typically used to refer to a criminal law that applies retroactively, thereby criminalizing conduct that was legal when originally performed. Two clauses in the US Constitution prohibit ex post facto laws: This shouldn't stop the corrupt Pa. govt from attempting to prosecute this case. These people are career prosecutors who's only goal in life must be to get a conviction. SAD!So I guess the "ex post facto" clause of the Constitution doesn't apply??
So I guess the "ex post facto" clause of the Constitution doesn't apply??
The article states that Sandusky still had access to Penn State facilities after the 2001 incident. I thought that he was told not to bring kids to campus anymore, and he did just that. Seems that charge is off base.
You can't blame the OAG people. If they told the truth on these cases, nothing would happen. They have to lie, to even get the cases moving. If it weren't for the lies, these guys would have never been charged.
Commonwealth's response to C/S/S pre-trial motions made public today. Roberto and Farrell requested a chance to respond by Sep 2.
http://www.dauphincounty.org/government/Court-Departments/Curley-Schultz-Spanier/Pages/default.aspx
Article from PennLive about commonwealths response:.
quite a stretch, really. The dude in the Catholic Church was a "boss" who transferred a pedo-Priest to cover up what he was doing. JS didn't work for PSU in 2001 and had no formal ties to PSU. C/S/S didn't actively cover anything up, reported it to TSM (at least), and knew a dozen people knew of MM's claims. If anything, they are guilty of inaction, not action to cover up. (as is the case with the Priest).
As good as the prosecution could do, really, but pretty weak.
Especially when PSU and PSU's employees did not have PRIMARY RESPONSIBILITY for the "Care and Custody" of the children AND TSM did have PRIMARY RESPONSIBILITY for the "Care and Custody" of the child who was participating in a TSM Program at the time ("Friends Fitness Program").......AND the incident was reported to TSM, who had an "Agency Relationship" with DPW under PA CPS Law (i.e., making everyone who knew at TSM a "Mandatory Reporter" under PA CPSL and a report to TSM the same as a report to DPW/CYS)......and prosecutors have taken no action against TSM and do not give a hoot that PSU REPORTED THE INCIDENT CONTEMPORANEOUS WITH ITS OCCURENCE TO TSM outside of PSU contrary to the OAG's claims in their filing!!!