Remember, it was the Freeh Report that the NCAA relied upon in 2012 to impose draconian sanctions on Penn State, including a $60 million fine, a bowl game ban that lasted two years, the loss of 170 athletic scholarships and the elimination of 111 of Joe Paterno's wins, although the wins were subsequently restored.
On Friday, a group of 11 trustees called on the full 38-member board to release the full 200-page critique of the 267-page Freeh Report, formally renounce Freeh's findings, and try to recoup some of the $8.3 million that the university paid Freeh.
"I want to put the document in your hands so you can read it yourself, but I can't do that today," said Alice Pope, a trustee and St. John's University professor about the internal review of the source materials for the Freeh report.
But the materials that Pope and six other trustees had to sue the university to obtain are still under seal according to a 2015 court order. And the university's lawyers have recently advised the 11 minority trustees that the report they worked on for more than two years remains privileged and confidential, and out of reach of the public.
So yesterday, Pope called on the full board to release the 200-page report as early as their next meeting, on July 20th. But chances are slim and none that the board's chairman, Mark Dambly, and other majority board members will ever willingly open Pandora's box. They don't want to reveal to the public the facts that the university has spent millions of dollars in legal fees to keep buried for the past six years. Facts that will present further evidence of just how badly the trustees, Louie Freeh, and the attorney general's office thoroughly botched the Penn State investigation in a rush to judgment. Not to mention the media.
The full board of trustees, Pope noted yesterday, never voted to formally adopt the findings of the Freeh Report, which found that Penn State officials had covered up the sex crimes of Jerry Sandusky.
"Rather, the board adopted a don't act, don't look and don't tell policy" Pope said that amounted to a "tacit acceptance of the Freeh Report." A report that Pope said has resulted in "profound reputational harm to our university along with $300 million in costs so far."
In addition to the $60 million in fines, the university's board of trustees has -- while doing little or no investigating -- paid out a minimum of $118 million to 36 alleged victims of sex abuse, in addition to spending more than $80 million in legal fees, and $50 million to institute new reforms aimed at preventing future abuse.
That internal 200-page report and the materials it draws upon may still be privileged and confidential. But Big Trial has obtained a seven-page "Executive Summary of Findings" of that internal review dated Jan. 8, 2017, plus an attached 25-page synopsis of evidence gleaned from those confidential files still under court seal.
According to the executive summary, "Louis Freeh and his team disregarded the preponderance of the evidence" in concluding there was a cover up at Penn State of Jerry Sandusky's crimes.
There's more: "Louis Freeh and his team knowingly provided a false conclusion in stating that the alleged coverup was motivated by a desire to protect the football program and a false culture that overvalued football and athletics," the executive summary states.
In the executive summary, the trustees faulted Freeh and his investigators for their "willingness . . . to be led by media narratives," as well as "an over reliance on unreliable sources," such as former Penn State Counsel Cynthia Baldwin.
Freeh, the executive summary states, also relied on "deeply flawed" procedures for interviewing witnesses. The interviews conducted by Freeh's investigators weren't done under oath, or subpoenas, and they weren't tape-recorded, the executive summary states. Those faulty methods led to "biased reporting of interview data" and "inaccurate summaries" of witness testimony.
At yesterday's press conference, Pope said the 11 trustees wanted to know the degree of cooperation Freeh's team had with the NCAA and the state attorney general's office during their investigations. According to statecollege.com, state Senate Majority Leader Jake Corman has previously stated that the coordination between Freeh and the NCAA during the Penn State investigation was at best inappropriate, and at worst "two parties working together to get a predetermined outcome."
In the executive summary, the trustees cited "interference in Louis Freeh's investigation by the Pennsylvania Office of Attorney General, wherein information gathered in the criminal investigations of Penn State officials was improperly (and perhaps illegally) shared with Louis Freeh and his team."
This is a subject Big Trial will explore in a subsequent blog post. But earlier this year, I wrote to Louis Freeh, and asked if he and his team was authorized to have access to grand jury secrets in Pennsylvania. He declined comment.
At yesterday's board meeting, Pope addressed this topic, saying, "additional information has emerged in the public domain indicates cooperation between the PA Office of Attorney General and Freeh. We believed it was important to understand the degree of cooperation between the Freeh investigation and the Office of Attorney General."
Yesterday, Freeh issued a statement that ripped the minority trustees. "Since 2015," he wrote, "these misguided alumni have been fighting a rear-guard action to turn the clocks back and to resist the positive changes which the PSU students and faculty have fully embraced." He concluded that despite consistent criticism of his report by the minority trustees, in the last six years, they have produced "no report, no facts, news and no credible evidence" that have damaged the credibility of his investigation.
But in the executive summary, the trustees blasted Freeh for having an alleged conflict of interest with the NCAA, and they cited some credible evidence to prove it.
"Louis Freeh's conflict of interest in pursuing future investigative assignments with the NCAA during his contracted period of working for Penn State," the executive summary states, "provided motivation for forming conclusions consistent with the NCAA's goals to enhance their own reputation by being tough on Penn State."
In a criminal manner, such as the Jerry Sandusky pedophilia investigation, the NCAA lacked legal standing. But the NCAA justified its intervention in the case by finding that a lack of institutional control on the part of Penn State enabled the Jerry Sandusky sex scandal.
In their synopsis of evidence, the trustees relied on internal Freeh Group emails that showed that while Freeh was finishing up his investigation of Penn State, he was angling for his group to become the "go to investigators" for the NCAA.
On July 7, 2012, a week before the release of the Freeh Report on Penn State, Omar McNeill, a senior investigator for Freeh, wrote to Freeh and a partner of Freeh's. "This has opened up an opportunity to have the dialogue with [NCAA President Mark] Emmert about possibly being the go to internal investigator for the NCAA," McNeill wrote. "It appears we have Emmert's attention now."
In response, Freeh wrote back, "Let's try to meet with him and make a deal -- a very good cost contract to be the NCAA's 'go to investigators' -- we can even craft a big discounted rate given the unique importance of such a client. Most likely he will agree to a meeting -- if he does not ask for one first."
A spokesman for Freeh did not respond to a request for comment.
At yesterday's board meeting, Pope said the "NCAA knew that their own rules prevented them from punishing Penn State," but that the "NCAA decided to punish Penn State anyway in order to enhance its own reputation." She added that documents made public to date show that the "NCAA was closely involved with the Freeh investigation."
"We believed it was important to understand the degree of cooperation between the Freeh investigation and the NCAA."
At yesterday's press conference, Pope also raised the issue of a separate but concurrent federal investigation conducted on the Penn State campus in 2012 by Special Agent John Snedden. The federal investigation, made public last year, but completely ignored by the mainstream media, reached the opposite conclusion that Freeh and the attorney general did, that there was no official cover up at Penn State.
Pope stated she wanted to know more about the discrepancies between the parallel investigations that led to polar opposite conclusions.
Back in 2012, Snedden, a former NCIS special agent working as a special agent for the Federal Investigative Services [FIS], was assigned to determine whether Spanier deserved to have a high-level national security clearance renewed. During his investigation, Snedden placed Spanier under oath and questioned him for eight hours. Snedden also interviewed many other witnesses on the Penn State campus, including Cynthia Baldwin, who told him that Spanier was a "man of integrity."
About six months after Baldwin told Snedden this, she flipped, and appeared in a secret grand jury proceeding to not only testify against Spanier, but also against former Penn State Athletic Director Tim Curley, and former Penn State Vice President Gary Schultz.
Baldwin, who had previously represented Spanier, Curley and Schultz before the grand jury, testified last month before the disciplinary board of the state Supreme Court, where she has been brought up on misconduct charges for allegedly violating the attorney-client privilege.
After his investigation, Special Agent Snedden concluded in a 110-page report that Spanier had done nothing wrong, and that there was no coverup at Penn State.
That's because, according to Snedden, Mike McQueary, the alleged whistleblower in the case, was an unreliable witness who told many different conflicting stories about an alleged incident in the Penn State showers where McQueary saw Jerry Sandusky with a naked 10-year-old boy. "Which story do you believe?" Snedden told Big Trial last year.
In his grand jury testimony, McQueary said his observations of Sandusky were based on one or two "glances" in the shower that lasted only "one or two seconds," glances relating to an incident at least eight years previous. But in the hands of the attorney general's fiction writers, those glances of "one or two seconds" became an anal rape of a child, as conclusively witnessed by McQueary.
That, my friends, is what we call prosecutorial misconduct of the intentional kind, the kind that springs convicted murderers out of a Death Row jail cell. And it's a scandal that for six years, the attorney general's office has refused to address, a scandal that the mainstream media has failed to hold the AG accountable for.
On March 1, 2002, according to the 2011 grand jury presentment, [McQueary] walked into the locker room in the Lasch Building at State College and heard “rhythmic, slapping sounds.” Glancing into a mirror, he “looked into the shower . . . [and] saw a naked boy, Victim No. 2, whose age he estimated to be 10 years old, with his hands up against the wall, being subjected to anal intercourse by a naked Jerry Sandusky.”
"The graduate assistant went to his office and called his father, reporting to him what he had seen. The graduate assistant and his father decided that the graduate assistant had to promptly report what he had seen to Coach Joe Paterno . . . The next morning, a Saturday, the graduate assistant telephoned Paterno and went to Paterno's home, where he reported what he had seen."
But the alleged victim of the shower rape has never came forward, despite an avalanche of publicity, and, according to the prosecutors, his identity was known "only to God." But McQueary knew the prosecutors weren't telling the truth. Days, after the presentment, McQueary wrote in an email to the attorney general's office that they had "slightly twisted his words" and, "I cannot say 1000 percent sure that it was sodomy. I did not see insertion."
On top of that, all the witnesses that the grand jury presentment claimed that McQueary had reported to them "what he had seen," the alleged anal rape of a 10-year-old boy [plus another witness cited by McQueary, a doctor who was a longtime family friend] have all repeatedly denied in court that McQueary ever told them that he witnessed an anal rape.
"I've never had a rape case successfully prosecuted based only on sounds, and without credible victims and witnesses," Snedden told Big Trial. As for the Freeh Report, Snedden described it as "an embarrassment to law enforcement."
Snedden also told Big Trial that the real cause behind the Penn State scandal was "a political hit job" engineered by former attorney general and Gov. Tom Corbett, who had it in for Spanier, after they feuded over drastic budget cuts proposed by the governor at Penn State. Corbett has previously denied the charges.
At the same time Snedden was investigating Penn State, former FBI Director Louis Freeh was writing his report on the Penn State scandal, a report commissioned by the university, at a staggering cost of $8.3 million.
Freeh concluded that there had been a cover up. His report found a “striking lack of empathy for child abuse victims by the most senior leaders of the university,” which included Spanier, who had repeatedly been severely beaten by his father as a child, requiring several operations as an adult. Freeh also found that Spanier, Paterno, along with Schultz, the former Penn State vice president and Curley, the school’s ex-athletic director, “repeatedly concealed critical facts relating to Sandusky’s child abuse from the authorities.”
But critics such as the minority trustees have noted that the ex-FBI director reached his sweeping conclusions without his investigators ever talking to Paterno, Schultz, Curley, McQueary or Sandusky. Freeh only talked to Spanier briefly, at the end of his investigation. And confidential records viewed by the trustees show that Freeh’s own people disagreed with his conclusions.
According to those records, Freeh's own staff reviewed a May 21, 2012 draft of the Freeh Report, which was subsequently turned over to Penn State officials. The lead paragraph of the draft said, “At the time of the alleged sexual assaults by Jerry Sandusky, there was a culture and environment in the Penn State Athletic Department that led staff members to fail to identify or act on observed inappropriate conduct by Sandusky.”
The draft report talked about an environment of fear that affected even a janitor who supposedly saw Sandusky assaulting a boy in the showers in 2002: “There existed an environment within the athletic department that led an employee to determine that the perceived threat of losing his job outweighed the necessity of reporting the violent crime of a child.”
Over that paragraph in the draft report, a handwritten note said, “NO EVIDENCE AT ALL!” Freeh, however, in his final version of his report, included that charge about the janitor who allegedly saw Sandusky assault another boy in the showers but was so fearful he didn’t report it.
But when the state police interviewed that janitor, Jim Calhoun, he stated three times that it wasn’t Sandusky he had seen sexually abusing a boy. [The state police didn’t ask Calhoun who was the alleged assailant.] At Sandusky’s trial, however, the jury convicted the ex-coach of that crime, in part because his defense lawyer never told the jury about the janitor’s interview with the state police.
In a written statement, Freeh confirmed that the person who wrote “NO EVIDENCE AT ALL!” was one of his guys.
"Throughout the review at the Pennsylvania State University, members of the Freeh team were encouraged to speak freely and to challenge any factual assertions that they believed are not supported," Freeh wrote on Jan. 10, 2018.
"Indeed the factual assertions of the report were tested and vetted over a period of many months and, as new evidence was uncovered, some of the factual assertions and conclusions evolved," he wrote. "Our staff debated, refined and reformed our views even in the final hours before the report's release."
In another handwritten note on the draft of the report, somebody wrote that there was "no evidence" to support Freeh's contention that a flawed football culture was to blame for the Sandusky sex scandal.
"Freeh knew the evidence did not support this," the executive summary says. But in his final report, Freeh wrote about "A culture of reverence for the football program that is ingrained at all levels of the campus community."
While Freeh concluded there was a coverup at Penn State, his investigators weren’t so sure, according to records cited by the trustees in their executive summary.
On March 7, 2012, in a conference call, Kathleen McChesney, a former FBI agent who was one of Freeh’s senior investigators, noted that they had found “no smoking gun to indicate [a] cover-up.”
In a written statement to this reporter, Freeh claimed that shortly after McChesney made that observation, his investigators found “the critical ‘smoking gun’ evidence” in a 2001 “email trove among Schultz, Curley and Spanier.”
In that email chain, conducted over Penn State’s own computer system, the administrators discussed confronting Sandusky about his habit of showering with children at Penn State facilities, and telling him to stop, rather than report him to officials at The Second Mile, as well as the state Department of Public Welfare.
In the email chain, Curley described the strategy as a “more humane approach” that included an offer to provide Sandusky with counseling. Spanier agreed, but wrote, “The only downside for us if the message isn’t ‘heard’ and acted upon [by Sandusky] and we then become vulnerable for not having reported it.”
Curley subsequently told Sandusky to stop bringing children into Penn State facilities, and informed officials at The Second Mile about the 2002 shower incident witnessed by McQueary, an incident that the prosecutors subsequently decided really happened in 2001. But Penn State didn’t inform the state Department of Public Welfare about Sandusky, which Freeh claimed was the smoking gun.
By definition, however, a cover-up needs a crime to hide. And Penn State’s administrators have repeatedly testified that when McQueary told them about the 2001 or 2002 shower incident, he described it as horseplay.
Also, an earlier 1998 shower incident involving Sandusky and another boy, referred to by Freeh, was also investigated by multiple authorities, who found no crime, nor any evidence of sex abuse.
Freeh, however, claimed that a trio of college administrators should have caught an alleged serial pedophile who, in that 1998 shower incident, had already been cleared by the Penn State police, the Centre County District Attorney, as well as a psychologist and an investigator from Centre County’s Department of Children and Youth Services. To buy into the conclusions of the Freeh Report, you’d also have to believe that Penn State’s top officials were dumb enough to plot a cover up on the university’s own computers.
In their executive report, the trustees refer to the allegations of a cover up as "unfounded." Freeh, however, maintained that in the six years since he issued his report, its findings have been repeatedly validated in court.
"The Freeh team's investigative interviews and fact-finding were not biased and no outcome was ever predetermined," Freeh wrote. "Their only mandate, to which they adhered, was to follow the evidenced wherever it led. The final report I issued is a reflection of this mandate."
"The accuracy and sustainability of the report is further evidenced by the criminal convictions of Spanier, Schultz, Curley," Freeh wrote. Other developments that verified the conclusions of his report, Freeh wrote, include "voluntary dismissals by the Paterno Family of their suit against the NCAA, Spanier's dismissal of his defamation suit against Freeh, the jury and court findings in the McQueary defamation and whistleblower cases, and the U.S. Department of Education's five-year investigation resulting in a record fine against Penn State."
At yesterday's board of trustees meeting, however, trustee Pope, cited public criticisms of the Freeh Report that included:
-- "On a foundation of scant evidence, the [Freeh] report adds layers of conjecture and supposition to create a portrait of fault, complicity and malfeasance that could well be at odds with the truth . . . [As] scientists and scholars, we can say with conviction that the Freeh Report fails on hits own merits as the indictment of the university that some have taken it to be. Evidence that would compel such an indictment is simply not there." -- A group of 30 past chairs of the Penn State faculty.
-- "The Freeh Report was not useful and created an 'absurd' and 'unwarranted' portrait of the University. There's no doubt in my mind, Freeh steered everything as if he were a prosecutor trying to convince a court to take the case." -- Penn State President Eric Barron.
-- "On Nov. 9th, 2011, I and my fellow Trustees, voted to fire Joe Paterno in a hastily called meeting. We had little advance notice or opportunity to discuss and consider the complex issues we faced. After 61 years of exemplary service, Coach Paterno was given no chance to respond. That was a mistake. I will always regret that my name is attached to that rush to injustice."
"Hiring Louis Freeh and the tacit acceptance of his questionable conclusions, without review, along with his broad criticism of our Penn State culture was yet another mistake. . . Those who believe we can move on without due process for all who have been damaged by unsupported accusations are not acting in Penn State's best interest . . . We have the opportunity to move forward united inner commitment to truth. I urge all who love Penn State's name to fight on." -- Resignation speech of former 18-year trustee Alvin Clemens.
-- "Louis Freeh . . . assigned motivations to people, including Paterno, which at best were unknowable, and at worst might have been irresponsible." -- reporter Bob Costas.
-- "Clearly the more we dig into this, the more troubling it gets. There clearly is a significant amount of communication between Freeh and the NCAA that goes way beyond merely providing information. I'd call int coordination . . . Cleary, Freeh was way past his mandate. He was the enforcement person for the NCAA. That's what it looks like. I don't know how you can look at it any other way. It's almost like the NCAA hired him to do their enforcement investigation on Penn State. At a minimum, it is inappropriate. At a maximum, these were two parties working together to get an outcome that was predetermined."-- State Senate majority leader Jake Corman.
In summation, Pope said, "Some have said that the university's interests are best served by putting this unfortunate chapter behind us. We think differently. We believe that the only way to move forward is from a solid foundation based on an honest appraisal of our history. How can we create effective solutions if we might be working with a fundamental misunderstanding of the problems involved?"
"Our review, which took nearly two and a half years to complete, was a serious and thorough effort," Pope said. "We look forward with sharing the results of our analysis of the Freeh Report's source material without colleagues on the board at our meeting in July."
Freeh is a genius.
Past his mandate?
Of course!
The trustees ripped the Freeh Report for its "flawed methodology & conclusions," as well as Louis Freeh himself, for not disclosing a personal conflict of interest.
The internal review, the preliminary contents of which were
posted on Big Trial last June, had been the subject of a nine-month cover up by the majority of the board of trustees at Penn State, led by PSU board president Mark Dambly. He's a
shady character who in his younger days got mixed up in a multimillion dollar cocaine ring but beat the rap by wearing a wire. Under Dambly's "leadership," the Penn State trustees have been ardently stonewalling, refusing to release the final version of the internal review of the Freeh Report, so they can continue to cover up their own corruption and failures.
"It's a document Penn State doesn't want you to see,"the WJAC anchorman told his audience before introducing Sinderson. "Penn State has kept it under wraps," Sinderson agreed. Then, to officially end the cover up, WJAC-TV promptly posted the entire
113-page report online.
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The Freeh Report was supposed to be an independent investigation into what happened at Penn State. But, the seven trustees wrote, "the NCAA was closely involved with the Freeh investigation; the NCAA knew that their own rules prevented them from punishing Penn State, and the NCAA decided to punish Penn State in order to enhance its own reputation."
The NCAA used the Freeh Report to justify draconian sanctions against Penn State, including a $60 million fine, a four-year bowl game ban, the loss of 40 athletic scholarships, and the vacating of 111 Joe Paterno wins.
In their report, the seven trustees note that an independent federal investigation done by former NCIS Special Agent John Snedden, another
Big Trial scoop, came to the opposite conclusion that Freeh did, that there was no official cover up at Penn State.
Why did Snedden come to that conclusion? Because during a six-month confidential investigation done on the Penn State campus back in 2012, an investigation that was subsequently revealed in 2017, Snedden determined that Mike McQueary's story about witnessing Jerry Sandusky allegedly raping a 10-year-old boy in the showers, made no sense, and that McQueary wasn't a credible witness.
Another big fact that supports Snedden's conclusion: after two decades, no alleged victim of the shower rape has ever come forward, despite an avalanche of publicity and the certainty of a multimillion dollar payout from the overly generous trustees at Penn State. The identity of the victim, the prosecutors claimed at trial, was "known only to God."
Without a victim and a credible witness the infamous rape in the showers never happened. It's the work of fiction writers in the attorney general's office who, according to McQueary himself, "twisted" his words about "whatever it was" he actually saw in the shower. Even McQueary doesn't know what he saw nearly 20 years ago.
In their review of the Freeh Report, the seven trustees, who pored over thousands of pages of confidential documents, came to the same conclusion that Snedden did, that there was no official cover up at Penn State.
"We found no support for the Freeh Report's conclusion that Joe Paterno, Graham Spanier, Tim Curley or Gary Schultz knew that Sandusky had harmed children," the trustees wrote.
"We found no support for the Freeh Report's conclusion that Penn State's culture was responsible for allowing Sandusky to harm children." The trustees also concluded that the alleged "independence of the Freeh Report appears to have been fatally compromised by Louis Freeh's collaboration with three interested parties -- the NCAA, Governor [Tom] Corbett and his Office of Attorney General, and members of the Penn State Board of Trustees."
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"The NCAA, Governor Corbett, and the Penn State Board of Trustees appear to have had their own conflicts of interest that influenced the unsupported conclusions of the Freeh Report," the trustees wrote. They also ripped Freeh for his having his own undisclosed conflict of interest, namely a stated desire to use the Penn State investigation as a step ladder on his way to becoming the "go-to investigators" for the scandal-plagued NCAA.
The Freeh Report, the trustees found, was "rife with investigative and reporting flaws." Freeh's investigators were biased, used "unreliable methods of conducting and analyzing interviews, [and] failed to interview most of the individuals with direct knowledge of the events under investigation." Such as Joe Paterno, Sandusky, McQueary, Tim Curley and Gary Schultz.
Freeh also supplied "motivations and casual factors supported only by speculation and conjecture,"the trustees wrote. They accused Freeh of cherry-picking facts and "withholding the vast majority of investigative findings, which were contrary to the report's conclusions."
The trustees also concluded that Freeh failed in is obligation to conduct an "independent and comprehensive investigation;" they formally repudiated Freeh's conclusions as "unsupported by the investigative data."
The Freeh Report, the seven trustees concluded, has caused "grievous harm to the university," "profound repetitional damage," and has cost the university to date more than $300 million.
The trustees have publicly suggested that the university cut its losses by going after Freeh to recoup the $8.3 million paid to him.
The seven trustees also found that the full Penn State Board of Trustees breached their fiduciary duty "resulting in harm to the university" by "failing to formally review or evaluate the Freeh Report," and failing to vote to either accept or reject it.
Now that's pure cowardice. But it's only the start of the problems.
The trustees, as Big Trial reported, also failed in their fiduciary duty to vet the stories told by 36 alleged victims, who were paid a total of
$118 million, an average of $3.3 million each, without the university asking any questions.
No depositions by lawyers, no personal interviews with psychiatrists or trained investigators, no lie detector tests. Almost all of the alleged victims in the case didn't even have to publicly state their real names. How's that for easy money?
The seven trustees who wrote their internal review also ripped Freeh for faulty methadology.
When Freeh interviewed more than 400 witnesses, the trustees found, the interviews weren't tape-recorded, or authenticated by the witnesses. In addition, multiple witnesses complained of "coercive tactics" employed by Freeh's investigators, the trustees wrote.
Freeh's investigators shouted at and insulted witnesses. They also demanded specific information such as, "Tell me that Joe Paterno knew Sandusky was abusing kids." One witness stated he was fired for not telling Freeh's investigators the story they were demanding.
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Freeh's investigators were also routinely talking to prosecutors in the attorney general's office such as Frank Fina, whose
brazen leaking of grand jury secrets was another story broken by Big Trial. According to the seven trustees at Penn State, Fina was routinely supplying Freeh's investigators with secret grand jury transcripts.
And Anthony Sassano, the AG's lead investigator, was supplying Freeh with documents obtained from Sandusky's house through search warrants. As well as an AG interview with the son of a Penn State trustee who supposedly could provide information about "Sandusky showering with boys."
It was a real "cozy relationship" between Freeh's investigators and the state attorney general's office, the trustees charge, a relationship that tainted both probes since Freeh and his team were not authorized to be privy to any grand jury secrets.
Last year, I actually got a chance to ask Louis Freeh, through a spokesperson, to explain how he was authorized to access grand jury secrets. In a telling exchange, he declined comment.
But Freeh was clearly playing follow the leader.
Early on in his probe, in February 2012, Freeh emailed his team saying, "We should try to make sure the [grand jury] is not onto something new . . . which totally 'scoops' us."
Meanwhile, Freeh allegedly was also taking direction in his investigation from certain Penn State trustees such as Keith Masser, the vice chair. Masser told the Associated Press, before any investigation had been conducted, that he was convinced that there had been an official cover up at Penn State. The same conclusion was subsequently reached by Freeh, at the direction of trustees like Masser, the internal review stated.
Ken Frazier, the chairman of the Penn State board of trustees, also sent Freeh an ESPN story which claimed that Sandusky wasn't stopped earlier "because no one dared challenge the power of Penn State and Paterno, no one dared challenge the legacy of the football powerhouse and the great man himself."
"I happened to find this ESPN piece by Howard Bryant well written and well reasoned," Frazier wrote Freeh. "It focuses on the larger lessons to be learned from excessive respect for 'icons' [Coach Paterno and PS football.]"
Freeh dutifully sent along the story to his underlings, adding in an email and adding that "many people" were expecting his investigation to explain why the failure to report sex abuse at Penn State was because of "the desire to protect Paterno and the [football] program."
That opinion found its way into the Freeh Report, even though in an internal email, Freeh told one of his investigators that the allegation that Penn State was out to protect Paterno and the football team was "never really articulated in any evidence I have seen."
But Freeh wasn't going to let the facts get in the way of a good story.
In his report, Freeh wrote that Sandusky was allowed to continue abusing children because of Penn Sate's "culture of reverence for the football program." Instead of searching for facts, the Freeh Report became an echo chamber for the prejudices of certain trustees, and the media-driven narrative on the evils of Paterno and his highly-successful football program.
"Our university paid $8.3 million for an 'independent investigation' that was neither independent nor a fair and though investigation," the trustees concluded.
It was the end of a long journey for the seven minority trustees, who had to go to court in 2015 to sue their own university to gain access to the so-called "source materials" for the Freeh Report. Along the way, the trustees had to spend about $500,000 of their own money before a judge in 2016 approved reimbursement.
The trustees were granted access to review the so-called source materials that are still under a confidentiality seal from a Common Pleas Court judge. But as somebody who's read hundreds of pages of that stuff, there's nothing in there that should be marked confidential.
All of it should be revealed to the public, which has lingering and well-placed doubts about what happened at Penn State. The only people with a motive to continue the cover up are people who are trying to cover up proof of their own incompetence, breach of duties, and stunning ineptitude.
The fallout from the internal review: the official narrative of the Penn State scandal is a house of cards in the process of tumbling down.
To be fair, the internal report on Freeh didn't go far enough. It doesn't state an opinion on whether Sandusky is guilty or innocent, or whether he was railroaded, and deserves a new trial because of a botched prosecution, official conflicts of interest, the interference of politics in the criminal investigation, and pervasive media malpractice. Even though the internal review extensively quotes two of Big Trial's blog posts on former NCIS Special Agent John Snedden, and his finding of no cover up at Penn State, the internal reviews doesn't consider the implications of Snedden's other main conclusion -- that the whole rape in the showers story, as told by Mike McQueary doesn't make sense, and didn't really happen.
But the internal review on Freeh does detail so many official conflicts of interest, so much political corruption and collusion -- on the part of the NCAA, Corbett, Louis Freeh, the Penn State board of trustees and the attorney general's office -- that any fair-minded reader would have to conclude that the whole swamp at Penn State is tainted and corrupted, and we can't trust anything they told us.
What's needed now, as Snedden has repeatedly said, is the appointment of an independent federal prosecutor and a legitimate federal investigation to find out what really happened at Penn State.
But make no mistake, in a case dominated by willful leaks from the prosecution, the reform trustees have just struck back, presumably, with a big leak of their own.
It's devastating. And WJAC-TV wasn't the only beneficiary.
After nine months of stonewalling, the internal review on Louis Freeh allegedly has been mailed out to several parties. Rumor has it that even the sleepy Philadelphia Inquirer has a copy and may even write about it some day.
Or maybe not.
Sorry, but it's hard to trust that newspaper, especially when it comes to sex abuse. Big Trial has spent the past eight years unraveling a parallel sex scandal in the Philadelphia archdiocese. A scandal where a former altar boy claimed at 10 and 11 years old that he was repeatedly raped by two priests and a Catholic schoolteacher. They all went to jail in the prosecutorial crusade led by former D.A. and future criminal Rufus Seth Williams. As did Msgr. William J. Lynn, the first Catholic administrator in the country to be jailed in the nation's Catholic clergy sex scandals, not for touching a child, but for failing to adequately supervise an abusive priest.
The two Pennsylvania sex scandals both began in 2011 with grand jury reports that turned out to be works of
fiction. The win scandals have amazing parallels -- Sandusky was convicted the same day as Msgr. Lynn, in two bombshells broadcast simultaneously that day on the Inquirer's front page.
Freeh's investigators also saw the twin scandals as similar in nature. In an email to Freeh, Kathleen McChesney, a former FBI agent who became one of Freeh's co-leaders of his investigation on Penn State, wrote, "Louie: Just wanted to reach out to you in the event that any of my experiences with the Catholic Bishops Conference would be of use to your team."
McChesney served as the executive director of the office of child and youth protection of the U.S. Catholic Bishops Conference. She was also the editor of "Sexual Abuse in the Catholic Church: A Decade of Crisis, 2003-2012."
"Good luck with your investigation," McChesney wrote Freeh. "Too many sad parallels between this case and the Church."
Freeh responded by telling his staff in an email that McChesney's experience in investigating the church would come in handy at Penn State because "the church has an insularity similar to what we are seeing" at Penn State.
"It is important to note that before the investigation had begun, Freeh investigators were making assumptions about an insular culture at Penn State and making connections with the Catholic Church cover up of pedophile priests," the seven trustees note in their report.
How about that for bias and preconceived notions?
But, as Big Trial has revealed time and time again on this blog, as well as documented in two cover stories for
Newsweek, the former altar boy who was at the center of the Philadelphia sex abuse scandal in the Catholic Church -- Danny Gallagher AKA "Billy Doe" -- turned out to be a
junkie hustler and conman who made the whole story up.
As Seth Williams' former lead detective,
Joe Walsh, has come forward
to document, the entire Philadelphia prosecution of the church was a knowing fraud. And Gallagher was a complete liar that Detective Walsh caught in one lie after another, until Gallagher finally admitted to the detective that he made up the whole story.
And what was the Inky's response, at the paper where they have cranked out more than 60 pro-prosecution stories and editorials always presenting Billy Doe as a legitimate victim of sex abuse -- they have never outed Gallagher or wrote one story exposing him for the fraud he is.
Even after the D.A.'s office let the Catholic schoolteacher, a convicted child rapist, out of jail nearly a dozen years early, because of Walsh's testimony about prosecutorial misconduct. How often does that happen?
As I said before, it's hard to trust that newspaper; especially when it comes to sex abuse. With the Inky that topic is always black and white. The victims are anonymous and always 100 percent pure. And the perps, who are hung in the public square, are always 100 percent guilty.
The deeper problem at the Inky is that the newspaper has always been pro-prosecution. At the moment, too many Inky reporters are tied up tied up handling all the latest prosecution leaks in the newest federal corruption case against Philadelphia labor leader "Johnny Doc" Dougherty.
The idea, of course, is convict Johnny Doc in the court of public opinion before he ever goes to trial, and taint yet another jury pool.
It's just the kind of thing that the prosecutors at Penn Stated used to love to do, leak, leak, leak. Especially through a certain friendly and cooperative 23-year-old reporter at the Patriot-News who wound up with a Pulitzer for essentially being a dupe for a completely phony story line.
Maybe it's time to give that Pulitzer back. Because at Penn State, the prosecutors -- as well as their accomplices in the media -- not only blew the big story but also the case.