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FC: ESPN takes on Penn State once again

You're making the assertion so the burden of proof is on YOU. LOL

I don't believe you are a scientist.

The burden of proof is on you.

Type your twitter handle in Google and see. It's pretty funny

I told you before what was needed. You refused and reported me to the mods for asking for personal information so I won't ask again and get banned. You are hiding behind that.

Already have

I find great amusement watching you implode as I call out your lies. It's funny

This is just amusement for me. It's religion for you.

I do know what it is and people living in mommies basement don't have them

You are a liar and that is why I would never waste money or time (other than mentally destroying you) trying to bet or "meet" with you. LOLOLOL

They do.

They weren't caught as they are telling the truth. Otherwise THEY would be in jail. Your conspiracy theories do not = "getting caught".

Why did you bring it up? Do you need to talk about it more?

Nope

Fixed it for ya.

Already have.

I have lots to do with my time and a very small part is calling you out. It's fun.

Kettle - Pot

No, my narrative is backed up by courts of law. Your narrative is based on a false religion.

It doesn't come from what ever I want in the moment as does yours. Do some more study about objective morality. There's a lot out there.

🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 Your delusion is enormous.

I think you flunked all of your STEM classes.

You can't worship data but you do worship JoePa and PSU.

Correct. You don't have any morals as what you call morals are just whatever you desire in the moment. But yes, it is troubling.

No, to most normal rational people

With the voices in your head.

No, that is mental illness

Afraid not.

It is a lot closer than a mere opinion about what baseball player is the GOAT.


True, but new evidence can be considered as the Innocence Project often does. However, it is hard to overturn most cases and in the case of Sandusky impossible.

Not true.

Maybe. I bet my Net Worth is greater than yours.

But you don't know do you 😂?

More lies. That's all you're capable of based on these silly posts.

You brought it up not me. Hypocrite

Well, living with mom keeps your expenses down.

More than you are, who is worshipping an institution and it's icon.

Again you have no idea.

Post yours, and without stuff blacked out. Rooster. Bet you won't LOL
He spends a lot of time on this silliness , doesn’t he?
 
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Well, it is stupid that the NCAA circumvented their own bylaws to punish PSU for something that had nothing to do with student athletes. But there are clearly no infractions; if there were they would be in the database.

Are you f'ing kidding me? The reason the bylaws and process exist is so the organization ISN'T making things up as it goes along. All organizations have these processes and they are followed because otherwise there would be chaos. The NCAA disregarded their own processes, which is a farce.

Nothing in the letter says what you say it does.

Please show me where those bylaws are written and where in the NCAA constitution is mentions pedophiles (hint: it doesn't).

That's easy.

Ten years after an illegal grand jury leak set off the media firestorm known as the Penn State sex abuse scandal, the evidence of official misconduct in this case is so pervasive and egregious that Jerry Sandusky deserves to walk out of prison today as a free man.
Since 2017, Big Trial has reviewed thousands of pages of court transcripts and legal proceedings in the case, along with hundreds of pages of confidential documents that are still under a judge's seal.
Taken together, those records tell a clear story -- the case against Sandusky is fatally flawed from top to bottom. A decade later, records show, the actions of many of the principal actors in this case, including prosecutors, judges, and FBI Director Louis Freeh, who led the civil investigation at Penn State, are irredeemably tainted by misconduct, incompetence, unethical behavior, conflict of interest, collusion and/or corruption.
In addition, psychologists in the case used scientifically discredited recovered memory therapy to elicit suspect testimony from many of the alleged victims, whose improbable and constantly evolving stories to this day have never been vetted by anyone. Finally, the defendants' own medical records cast doubt on whether Sandusky was physically capable of performing the acts he was accused of.
Based on the evidence that I will present here, there's no longer any reason for any sane person to believe in the findings of both the civil and the criminal investigations conducted at Penn State. A decade later, the prevailing story line in the Penn State sex scandal about the man who's supposed to be the most notorious pedophile in America amounts to an X-rated fractured fairy tale that, when viewed from multiple angles, makes no freaking sense.
There's a looming shadow that's cast over the entire Penn State scandal, and that's the egregious conduct of an overzealous prosecutor on a rampage, former Deputy Attorney General Frank Fina, who was the lead prosecutor at Penn State.
Amelia Kittredge, the counsel for the state Supreme Court's disciplinary board who ran the investigation that resulted in Fina losing his license to practice law, memorably described Fina to the state's highest court as "someone who cannot or will not separate right from wrong."
A decade later, Fina's fingerprints are all over this travesty of a case, particularly when it comes to illegal grand jury leaks. But when we're talking about bad actors in the Sandusky case, Fina's got plenty of company.
The tragedy of all this is if the state gets its wish, Sandusky, who at 77, still professes his innocence, may die in prison before the truth about the scandal behind the scandal at Penn State is finally known.
Much of the material published below will be familiar to Big Trial readers, as it has been presented piecemeal over the past five years in some 60 blog posts published on this website.
The stories were written by myself as well as author Mark Pendergrast, who excerpted on bigtrial.net several chapters from his 2017 book, The Most Hated Man In America; Jerry Sandusky and the Rush to Judgment.
It was ten years ago this month, on Nov. 4, 2011, that the premature leak of the pending grand jury indictment of Sandusky to reporter Sara Ganim set off the media firestorm that would railroad Sandusky into spending what amounts to a life sentence in jail.
Just five days after that leak, without doing any fact-finding, Penn State's panicked board of trustees hastily fired Joe Paterno, the winningest football coach in America, as well as longtime Penn State President Graham Spanier.
With the tenth anniversary of the Penn State case upon us, rather than examine its own malpractice and negligence, the news media has chosen to regurgitate a completely discredited story line that's built around a big lie.
To counter the prevailing narrative, I've decided to publish in one spot large chunks of the evidence that clearly shows Sandusky was railroaded.
As outlined below, the level of official misconduct in this case is so extreme that it rises to the level of egregious. That's the term the state Supreme Court used in 1992 when it freed former Lower Merion High School Principal Jay Smith from prison, where he had been on death row for six years, after his conviction for the murders of English teacher Susan Reinert and her two children, whose bodies were never discovered.
In the Jay Smith case, the state Supreme Court found that prosecutors in the state attorney general's office committed egregious misconduct when they hid exculpatory evidence that would have benefitted the defendant. The hidden evidence included two grains of sand found between the toes on Reinert's body that indicated she may have died at the Jersey Shore, as opposed to the the prosecution's theory of the case, which was that Smith had killed Reinert in his basement.
In freeing Smith, the state Supreme Court barred a retrial on the grounds that it would amount to unconstitutional double jeopardy.
In the Sandusky case, the state attorney general's office outdid its previous standards for corruption by knowingly writing a false and inflammatory grand jury presentment, deliberately leaking that false presentment to the media, and then basically manufacturing the trial testimony that was used to convict Sandusky. To finish the job, the judges in this case trampled on Sandusky's constitutional rights at every turn, while turning a blind eye to overwhelming evidence of official misconduct.
Stated simply, the Sandusky case is a cluster f--k from start to finish that can't be undone.
The Rape In The Showers
Let's start at the beginning, with the headline charge in the grand jury presentment that has permanently convicted Sandusky in the minds of an entire nation, as well as the jury pool in Centre County. The headline charge that was also responsible for the firing of Paterno and Spanier.
“Remember that little boy in the shower,” then-Gov. Tom Corbett told the university’s board of trustees on Nov. 9, 2011, just before they decided, in a mad rush to judgment, to fire Paterno and Spanier without even taking a formal vote.
According to that grand jury presentment, a decade earlier, at 9:30 p.m. on March 1, 2002, a then-28-year-old Penn State graduate assistant walked into the locker room at the Lasch Football Building on the University Park Campus.
[The prosecutors subsequently claimed they had gotten the date of the shower story wrong, and moved the date of that alleged incident back 13 months to Feb. 9, 2001.]
The graduate assistant, subsequently identified as assistant Penn State football coach Mike McQueary, heard "rhythmic slapping sounds" emanating from the showers, sounds that he "believed" to be evidence of "sexual activity."
According to the grand jury presentment, McQueary looked into the showers and saw "a naked boy, Victim 2, whose age he estimated to be ten years old, with his hands up against the wall, being subjected to anal intercourse by a naked Sandusky."
According to the grand jury presentment, the "distraught" graduate assistant called his father for advice, and then he left he Lasch Building and went straight home.
"The next morning," according to the grand jury presentment, McQueary "went to [Coach Joe] Paterno's home, where he reported what he had seen."
The rape in the showers, as well as the implication that McQueary promptly told Paterno about "what he had seen" -- as in that rape in the showers -- are both works of fiction written by overzealous prosecutors in the state attorney general's office.
How do we know this? From the words of the sole witness himself, in emails first disclosed by blogger Ray Blehar.
On Nov. 10, 2011, six days after the grand jury presentment was leaked, McQueary emailed deputy Attorney General Jonelle Eshbach to tell her that the grand jury report the AG had just published was factually incorrect.
"I feel my words are slightly twisted and not totally portrayed correctly in the presentment," McQueary wrote. "I cannot say 1000 percent sure that it was sodomy. I did not see insertion. It was a sexual act and or way over the line in my opinion whatever it was."
In a second email that day to Eshbach, McQueary complained about "being misrepresented" in the media. To which Eshbach replied, "I know that a lot of this stuff is incorrect and it is hard not to respond. But you can't."
During a defamation suit that McQueary subsequently filed against Penn State, Eshbach was sworn in as a witness and asked to explain what she meant by telling McQueary not to talk.

"My advice to Mr. McQueary not to make a statement was based on the strengthening of my -- and saving of my case," Eshbach testified. "I did not want him [McQueary] making statements to the press at that time that could at some time be used against him in cross-examination. He [McQueary] was perfectly free to make a statement, but I asked him not to."
Less than a month after the grand jury presentment, Paterno issued a statement disclosing that when he went before the grand jury, he testified, "It was obvious that the witness [McQueary] was distraught over what he saw, but he at no time related to me the very specific actions contained in the Grand Jury report."
To further confirm this, on Dec. 16, 2011, McQueary testified under cross-examination that "I have never used the word anal or rape in this -- since day one."
Besides Paterno, McQueary told his story about "whatever it was" that he had allegedly witnessed within hours of the alleged incident in the Penn State showers to his father, John McQueary, and his father's friend, Dr. Jonathan Dranov, who, as a doctor, was a mandated reporter when it comes to allegations of sex abuse.
Approximately 10 days later, McQueary told Penn State Athletic Director Tim Curley and senior Vice President for finance and business Gary Schultz about what he had allegedly seen in the showers.
All five men -- Paterno, McQueary's father, Dr. Dranov, Curley and Schutz -- have testified under oath that Mike McQueary never told them that he witnessed anything sexual going on in the showers. Instead, Paterno, Curley and Schultz characterized what McQueary told them about as "horseplay."
On Nov. 23, 2010, recounting what was then a nearly decade-old incident in the showers, McQueary wrote out a statement to police that said whatever he witnessed took place during a brief time period that lasted between 30 and 45 seconds.
During that time, McQueary wrote to the cops, he glanced into a mirror once, which gave him a reflected view of the showers, and then he glanced directly into the showers.
McQueary told a grand jury in 2010 that the two “glances” he took each lasted “maybe one or two seconds.”
But the story McQueary told kept changing.
On Nov. 8, 2011, after the grand jury presentment became public, McQueary emailed a friend and claimed that instead of leaving the locker room and doing nothing to stop an alleged rape of a child in progress, "I did stop it, not physically, but made sure it was stopped when I left that locker room."
In that email that was subsequently published in Thee Morning Call of Allentown, PA, on Nov. 15, 2011, McQueary also claimed that he told the police about the rape in the showers. But the next day, representatives from both the Penn State campus police and the State College police publicly stated that they had no record of McQueary ever reporting any sex crime to them.
In subsequent retellings of the shower story, McQueary claimed that when he left the locker room, he slammed his locker door, which he said, made Sandusky look up and stop the abuse. McQueary also claimed that as he was leaving the shower room, he took another glance in the showers a second time, to make sure that Sandusky and the boy remained apart.
At the Sandusky trial in 2012, McQueary testified that when he first glanced in the showers eleven years earlier, this time he said that glance lasted between one and five seconds, and that he saw Sandusky standing behind a boy whose hands were against the shower wall.
On the witness stand, McQueary claimed that he now recalled a "very slow, slow, subtle movement" of Sandusky's crotch against the boy's buttocks.
The identity of the victim, the boy in the showers, Deputy Attorney General Joe McGettigan told the jury at the Sandusky trial, was "known only to God." But jurors didn't buy that story, and despite convicting Sandusky on 45 other counts, they acquitted Sandusky on the charge of abusing the unknown boy in the showers.
[According to author Mark Pendergrast, McGettigan was lying when he said they didn't know the identity of the boy in the showers. He's a former Marine named Allan Myers, who was 14, and not 10 at the time of the alleged shower incident. Myers initially told the state police and a private investigator that Sandusky was a father figure and mentor who had never abused him, and that they were horsing around that day in the shower, snapping some towels, when McQueary walked in.
That was before Myers decided to drastically change his story and cash in, to the tune of a $6.9 million civil settlement. During Sandusky's bid for a new trial, Myers was sworn in as a witness in 2016 and asked which story he told was the truth. He responded by saying he couldn't remember 34 times.]
The Previously Undisclosed Federal Investigation At Penn State
The Penn State sex scandal was the subject of a criminal investigation by the state attorney general's office, and a supposedly independent civil investigation conducted at the cost of $8 million by former FBI Director Louis Freeh.
The investigation conducted by the state attorney general's office resulted in the indictment of Sandusky for the alleged rape of the boy in the showers, as well as for allegedly abusing seven other minors.
On June 22, 2012, a Centre County jury found Sandusky guilty of 45 out of 48 counts of sex abuse, and sentenced him to 30 to 60 years in jail.
The state attorney general's office also initially charged Spanier, Curley and Schultz with failing to report allegations of child abuse to authorities, along with allegedly committing perjury during grand jury testimony.
The Freeh Report concluded that there was an official cover up of Sandusky's sex crimes at Penn State. And that during that cover up, the Freeh Report claimed, Spanier, Curley and Schultz had displayed a "total and consistent disregard" for the safety and welfare of Sandusky's alleged victims, as well as a "striking lack of empathy."
In publishing their 267-page report, the authors of the Freeh Report claimed they operated "with total independence," and that "no party interfered with, or attempted to influence the findings in this report."
The media has dutifully reported on the two investigations done by the state attorney general's office, and former FBI Director Freeh, as well as their findings about a rape in the showers, followed by an official cover-up on the part of Penn State's top officials.
But there has been a total news blackout in the mainstream media on the third investigation done at Penn State. It was done by the federal government in 2012, which resulted in a 110-page report that initially was stamped confidential, but was finally declassified in 2017.
The federal investigation was conducted by former NCIS Special Agent and veteran cold case investigator John Snedden, then on assignment for the U.S. Federal Investigative Services.
Against the backdrop of the Penn State sex abuse scandal, Snedden's job was to determine whether former Penn State President Spanier deserved to have a high-level national security clearance renewed amid allegations that he had orchestrated an official cover-up of Jerry Sandusky's sex crimes.
With national security at stake, Snedden conducted a five-month investigation on the Penn State campus in 2012. And what did he find?
That the rape in the showers story told by McQueary made no sense, and that McQueary, who told so many different versions of that story -- according to author Mark Pendergrast, a total of five different accounts -- wasn't a credible witness.
Snedden also concluded that there was no cover up at Penn State, because there was no sex crime in the showers to cover up. It was the exact opposite of the conclusions reached by the state attorney general's office, and the Freeh Report.
As a result, the feds cleared Spanier, and renewed his high level security clearance.
Why didn't Snedden buy the rape in the showers story?
Back in 2001, Snedden told Big Trial, Mike McQueary was a 26-year-old, 6-foot-5, 240-pound former college quarterback used to running away from 350-pound defensive linemen. If McQueary actually saw Jerry Sandusky raping a young boy in the shower, Snedden said, he probably would have done something about it.

"I think your moral compass would cause you to act and not just flee," Snedden said.

If McQueary really thought he was witnessing a sexual assault on a child, Snedden said, wouldn't he have gotten between the victim and a "wet, defenseless naked 57-year-old guy in the shower?"

Or, if McQueary decided he wasn't going to physically intervene, Snedden said, instead of going home and doing nothing about a child rape in progress, why didn't he call the cops from the Lasch Building?
As Snedden says, the story makes no sense. It was also egregious prosecutorial misconduct for the state attorney general's office to fictionalize and sensationalize such a flimsy, decade-old story, and then hang an entire grand jury presentment on it.
Evidence of Corruption, Collusion & Illegal Grand Jury Leaks
While the Freeh Group investigation claimed to operate with "total independence," there's a confidential record that meticulously documents ample evidence of routine collusion between the criminal investigation of Penn State conducted by the state attorney general's office, and the supposedly independent investigation conducted by the Freeh Group.
And that evidence comes from a seemingly unimpeachable source, former FBI Special Agent Kathleen McChesney, who was credited with starting the investigation that led to the capture of serial killer Ted Bundy.
In "Conversations with a Killer: The Ted Bundy Tapes," McChesney revealed on camera how the federal investigation of the serial killer got started. A woman called and said, "I'm concerned about my boyfriend -- his name is Ted Bundy."
The girlfriend proceeded to detail Bundy's suspicious behavior that included following women around at night, hiding a knife in his car and keeping a bag of women's underwear in his apartment.
McChesney, who was on the task force that ultimately arrested Bundy, rose to become the only female FBI agent appointed to be the bureau's executive assistant director. Her credibility was such that in 2002, in the wake of the widespread sex abuse scandal involving the Catholic clergy, the U.S. Conference of Bishops hired McChesney to establish and lead its Office of Child and Youth Protection.
McChesney is also the author of a 2011 book, "Pick Up Your Own Brass: Leadership the FBI Way."
But in the Sandusky case, the decorated former FBI special agent is now known for another book she wrote -- an unpublished, confidential 79-page diary written in 2011 and 2012, back when McChesney was a private investigator working for her old boss, former FBI Director Freeh, while investigating Penn State.
In her diary, McChesney records multiple contemporaneous instances of then Deputy Attorney General Frank Fina, the lead prosecutor in the Penn State case, leaking grand jury secrets to the Freeh Group.
It's clear from the McChesney diary that multiple grand jury documents were also regularly leaked to the Freeh Group, as was a 1998 police report on an earlier alleged shower incident that was investigated and found to be unfounded, resulting in a report that was supposed to have been expunged in 1999.
While the Freeh Group claimed in their report that they operated with "total independence" and "no party interfered with, or attempted to influence the findings in this report," the McChesney diary tells a different story.
Namely, that in conducting their supposedly independent investigation, the Freeh Group was regularly colluding with and working seemingly under the direction of the state attorney general's office, and particularly under the direction of deputy Attorney General Frank Fina.
According to McChesney, members of the Freeh Group "don't want to interfere with their investigations," and that she and her colleagues were being "extremely cautious & running certain interviews by them."
McChesney wrote that the Freeh Group even "asked Fina to authorize some interviews." And that the A.G.'s office "asked us to stay away from some people, ex janitors, but can interview" people from the Second Mile, Sandusky's charity for disadvantaged youths.
According to McChesney, Fina was actively involved in directing the Freeh Group's investigation, to the point of saying if and when they could interview certain witnesses.
For example, McChesney recorded that the Freeh Group was going to notify Fina that they wanted to interview Ronald Schreffler, an investigator for Penn State Police who probed the earlier 1998 shower incident involving Sandusky and another boy that turned out to be unfounded; he also wrote the police report that was supposed to be expunged.
After he was notified, McChesney wrote, "Fina approved interview with Schreffler."
According to the McChesney diary, Fina also routinely kept the Freeh Group up to date on what was going on with the grand jury investigation, telling Freeh's investigators secrets that the defendants and their lawyers weren't privy to.
For example, the night before former Penn State President Spanier, Curley and Schultz were going to be arrested, Gregory Paw, another Freeh investigator, sent an email to his colleagues at the Freeh Group, advising them of the imminent arrest.

The subject of Paw's email: "CLOSE HOLD -- Important."
"PLEASE HOLD VERY CLOSE," Paw wrote his colleagues at the Freeh Group. "[Deputy Attorney General Frank] Fina called tonight to tell me that Spanier is to be arrested tomorrow, and Curley and Schultz re-arrested, on charges of obstruction of justice and related charges . . . Spanier does not know this information yet, and his lawyers will be advised about an hour before the charges are announced tomorrow."
When I asked Freeh, through a spokesperson, whether he as a private citizen during the Penn State investigation, was authorized to have access to grand jury secrets, Freeh declined comment.
Other emails contained in documents under seal show that while investigating Penn State, Freeh may have had a conflict of interest. According to the emails, Freeh, whose investigators had telephone conferences with every Friday with NCAA officials, saw the Penn State investigation as a way to land the NCAA as a permanent client.

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. "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. 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."
It took seven years but Freeh's efforts finally paid off. In August, 2019, the NCAA hired five employees of the Freeh Group to staff its new Complex Case Unit.
The McChesney diary was the basis for a motion for a new trial filed with the state Superior Court in 2020 by Sandusky's appeal lawyers. In their motion for a new trial, Sandusky's lawyers requested an evidentiary hearing where McChesney would have been summoned to testify under subpoena and asked to authenticate the diary.
But a year later, on May 13, 2021, the state Superior Court denied that motion, ruling that Sandusky's lawyers did not file their appeal in a timely fashion.
Instead, the state Superior Court blasted Sandusky's appeal lawyers, saying that they "dithered for one-half a year" before bringing the newly discovered evidence to the court's attention.
Evidence of Jury Tampering
The Freeh Group's investigation at Penn State involved interviewing hundreds of people, including a Penn State faculty member before she was chosen as a juror in the Sandusky case.
And when it came time for defense lawyers to question the juror, she misrepresented what she had told the Freeh Group.
The juror was identified by Freeh's investigators as Laura Pauley, a professor of mechanical engineering at Penn State, who did not respond to a request for comment. During jury selection on June 6, 2012, Pauley was asked by Joseph Amendola, Sandusky's trial lawyer, what she told Freeh's investigators.

"It was focused more on how the board of trustees interacts with the president," Pauley told Amendola, as well as "how faculty are interacting with the president and the board of trustees . . ."
But an April 19, 2011 confidential summary of that interview shows that the juror had already made up her mind about the guilt of Sandusky, by reading her local newspaper. According to the report of the interview, Pauley had also already decided that Penn State's top administrators were guilty of a cover up.
In her interview with Freeh's investigators, Pauley stated that she was "an avid reader of the Centre Daily Times" and that she believed that the leadership at Penn State just "kicks the issue down the road."

"The PSU culture can best be described as people who do not want to resolve issues and want to avoid confrontation," she told Freeh's investigators.

Pauley, a tenured professor who served on the Faculty Advisory Committee for three years, told Freeh's investigators that Penn State President Graham Spanier was "very controlling," and that "she feels that [former Penn State Athletic Director Tim] Curley and [former Penn State vice president Gary] Schultz are responsible for the scandal."

"She stated that she senses Curley and Schultz treated it [the scandal] the 'Penn State' way and were just moving on and hoping it would fade away."
While Pauley was being questioned by Amendola, Sandusky's appeal lawyers wrote, "at no time during this colloquy, or any other time, did the prosecution disclose that it was working in collaboration with the Freeh Group which interviewed the witness."
Had Amendola known what Pauley told Freeh's investigators, he would have sought to have her stricken from the jury. He would have also asked the judge to find out whether any other jurors had met with Freeh's investigators.

At Sandusky's trial, while Amendola was questioning Pauley about what she told Freeh's investigators, Deputy Attorney Frank Fina sat silently at the prosecution table and said nothing.
Since the McChesney's diary documents how the Freeh Group routinely kept the attorney general's office abreast of the Freeh investigation, it's possible that Fina knew all about the Freeh Group's interview with Pauley.
It's also possible that Fina may have even been given his own copy of that interview with the juror.



On Feb. 19, 2020, the state Supreme Court of Pennsylvania voted to suspend for a year and a day the law license of former deputy attorney general Frank Fina, the lead prosecutor in the Penn State case, for his "reprehensible" and "inexcusable" misconduct during the grand jury investigation of three Penn State officials that he accused of orchestrating a cover up.
Fina, the disciplinary board found, was guilty of purposely "misleading" a grand jury judge into thinking that Fina wasn't going to press Cynthia Baldwin, Penn State's former counsel, into breaking the attorney-client privilege behind closed doors and betraying three top Penn State officials who were her former clients -- Spanier, Curley and Schultz.
Fina got Baldwin to cooperate by threatening her with an indictment for obstruction of justice. So Baldwin went into the grand jury and testified against her clients, without even notifying them of her betrayal.

After deliberately misleading the judge back in October 2012, Fina then "proceeded to question [Baldwin] extensively about the very subjects he represented to Judge [Barry] Feudale he would avoid," the disciplinary board concluded.
"These actions are reprehensible" and "inexcusable," the disciplinary board wrote.
Even worse, the disciplinary board found that Fina's alleged defense of his behavior before the board was "without substance." What Fina did, the disciplinary board said, was to tear down all the safeguards built into the criminal justice system by turning defense attorney Baldwin "into a witness for the prosecution against her clients."
"Unlike other lawyers, the prosecutor is more than a zealous advocate for a client," the state Supreme Court wrote. "The prosecutor bears as well the high and non-delegable duty of ensuring a fair process for the defendant and of comporting himself or herself always in a manner consistent with a position of public trust."
"To state it plain, instead of Baldwin serving as a shield for her former clients, her testimony was elicited and used by Fina as a sword against them, to devastating effect," the court wrote. In addition, when he was brought up on charges of misconduct, the disciplinary board concluded, Fina "failed to acknowledge he had a special responsibility to ensure justice and utterly failed to acknowledge the ramifications of his conduct."

The board found that "deflecting responsibility and displaying a lack of sincere remorse constitute aggravating factors."
Clearly, Fina was a man who would stop at nothing to accomplish his goals. Even if it meant breaking the law.
There was more fall-out from Fina's actions.
In 2013, then state Attorney General Katharine Kane ousted Judge Feudale from his duties as supervising grand jury judge in Harrisburg, citing his close relationship with Fina and lack of objectivity.
On Feb. 21, 2020, the state Supreme Court publicly censured Baldwin, a former state Supreme Court justice herself, for her "unfathomable" and "incompetent" actions in betraying her own clients.
In censuring Baldwin, the court noted her "lack of remorse for her actions," saying she "cast blame for her problems on everyone involved," but never herself.




The trial of Sandusky was presided over by the Honorable John Cleland, who oversaw a rush to judgment that resulted in Sandusky going from indictment to conviction at trial in just seven months.
How did the judge pull that off? By trampling on Sandusky's constitutional rights.

Before the trial started, Sandusky's defense lawyers tried to get the trial postponed so they could wade through 12,000 pages of grand jury transcripts he had just received only 10 days before the start of trial.

Amendola, Sanduksy's trial lawyer, begged for a continuance, telling the judge that he needed time to read the files and find out what Sandusky's accusers were saying about him; he also needed time to subpoena witnesses.

"We can't prepare . . . I felt like Custer at Little Bighorn for God's sake," Amendola testified during an appeals hearing. But Judge Cleland turned him down.
[Besides being unprepared, Joe Amendola, Sandusky's trial lawyer, was painfully inept, as detailed on this blog by author Mark Pendergrast.]

Jerry Sandusky had a constitutional right to a fair trial. But in order to save Penn State football, which was being threatened with the death penalty by the NCAA, Sandusky had to be convicted and sitting in jail before the start of the 2012 college football season to wrap up the Penn State scandal in a nice, neat bow.
Putting Sandusky in jail for life fit right into the deal that PSU had struck with the NCAA, which was to voluntarily admit guilt and take their lumps, which included a $60 million fine. But the payoff for Penn State was that the Nittany Lions would escape the death penalty that the NCAA had threatened to impose on the football program in Happy Valley.

Jerry Sandusky also had a constitutional right to confront his accusers, but Judge Cleland took care of that as well.

The night before the preliminary hearing in the case, the only pretrial opportunity where Sandusky's lawyers would have had the right to confront his accusers -- the eight young men who claimed that Sandusky had abused them -- Judge Cleland convened an unusual off-the-record meeting of prosecutors, a magistrate, and defense lawyers at the Hilton Garden Inn at State College.
At the meeting, with prosecutors nodding in agreement, the judge talked Amendola into waiving the preliminary hearing so that Sandusky could remain out on bail for his trial. On their end of the deal, the state attorney general's office, which had previously requested bail of $1 million for Sandusky, agreed to lower that amount to $250,000.
The A.G. had also had threatened to file more charges against Sandusky, but according to the deal worked out by the judge during the off-the-record session at the Hilton Garden Inn, no more charges would be forthcoming.

So Amendola caved and took the deal. The grand result of Sandusky's lawyers waiving the preliminary hearing was that the Pennsylvania railroad that Sandusky was riding on would stay on schedule.
During the appeal process, after Judge Cleland's actions were disclosed regarding the Hilton Garden Inn conference, the judge had to turn over notes that he had taken during the off-the-record session. Cleland then voluntarily recused himself from continuing to preside over the appeals in the Sandusky case.
While the Sandusky case was headed to trial at breakneck speed, some people in the know were aware that the Honorable Judge Cleland wasn't going to budge on the scheduled trial date.
In the McChesney diary, on May 10, 2012, the former FBI agent noted in a conference call with Gregory Paw and Omar McNeil, two of Freeh's investigators, that Paw is going to talk to Fina, and that the "judge [is] holding firm on date of trial."

In an affidavit, Amendola, Sandusky's trial lawyer, stated that McChesney didn't get that information from him.

"An obvious question arises as to whether or not the trial judge was communicating with a member of the Freeh Group, attorneys for the attorney general's office, or anyone else concerning the trial date," Sandusky's appeal lawyers wrote.

In their motion for a new trial, Sandusky's lawyers sought to question Judge Cleland at an evidentiary hearing "to determine whether, and to what extent, collusion between the office of the attorney general, the Freeh investigation and the NCAA had an impact on the trial."



During the appeals of Sandusky's conviction, his lawyers accused deputy attorney generals Fina and Eshbach of breaking state law by repeatedly leaking grand jury secrets.
But on Oct. 18, 2017, Jefferson County Presiding Judge John Henry Foradora issued a 59-page opinion where he cleared Fina and Eshbach of leaking, while denying Sandusky a new trial sought under the Post Conviction Relief Act.
In his opinion, Judge Foradora concluded that Fina and Eshbach weren't the leakers who were feeding reporter Sara Ganim intel about the impending grand jury presentment.
Why? Because Fina said so.

The judge bought Fina's alibi that he and Eshbach had supposedly set an "internal trap" to find the real leakers. But apparently the two prosecutors were about as successful as O.J. Simpson was in his hunt for the real killers.
Fina had asked his old buddy, Judge Barry Feudale, the supervising judge of the grand jury, to investigate the leak, Judge Foradora wrote. So, Judge Foradora decided, after hearing testimony from Fina, that it couldn't be Fina or Eshbach who were doing the leaking at the A.G.'s office.
At the PCRA hearing, "the testimony, then did not support the idea that the prosecution leaked grand jury information for any reason, let alone for the purpose of generating more victims," the judge wrote.
"If anything it supports the opposite conclusion, because while someone might be skeptical about the validity of Eshbach and Fina's internal 'trap'" to catch the real leakers, the judge wrote. "It is a fact of human nature that one engaged in or aware of misconduct he does not wish to have exposed does not ask an outside source to investigate it."
Unless the judge in question is an old pal. As in wink, wink.
One of the allegations of a leak raised by Sandusky's lawyers involved an incident related by the prosecution's official whistle blower in the Sandusky case, Mike McQueary.
At the 2017 trial of former PSU President Graham Spanier, McQueary was asked by a prosecutor how he found out that Sandusky was going to be arrested.
During the bye week of the 2011 Penn State football season, McQueary said, "I was on my way to Boston for recruiting and I was going from the F terminal over to the B terminals over in Philadelphia Airport."
That's when "the AGs called," McQueary said, referring specifically to Eshbach. According to McQueary, Eshbach told him "We're going to arrest folks and we are going to leak it out."
But rather than believe McQueary, Judge Foradora decided to trust Fina and Eshbach.
In denying Sandusky a new trial, Judge Foradora foolishly staked his entire 59-page opinion on the credibility and integrity of Frank Fina, which is now in tatters.
On Feb. 5, 2019, the state Superior Court, in a 70-page written by another gullible judge, the Honorable Judge Carolyn Nichols compounded this lunacy by denying Sandusky's appeal of Judge Foradora's opinion not to grant a new trial.
Once again, Judge Nichols and another court bought Fina and Eschbach's explanation that they had set an "internal trap" to find the real leakers, and didn't do any leaking themselves.
Recovered Memory Therapy
According to Mark Pendergrast, therapists in the Sandusky case used scientifically-discredited recovered memory therapy on six of Sandusky's eight accusers at trial, and on several other alleged victims who wound up getting civil settlements.
Pendergrast focused on the work of therapist Mike Gillum, who for three years, in weekly and sometimes daily skull sessions, basically brainwashed Aaron Fisher, Victim No. 1, into recalling memories of abuse, after he had originally denied he had been abused.
In a book Gillum co-wrote with Fisher, Silent No More, the therapist, who was convinced from the get-go that Sandusky was a serial abuser, stated that he sought to “peel back the layers of the onion” of Fisher's brain to recover memories of abuse that Gillum already knew were there.
During these weekly and sometimes daily sessions, Fisher didn't have to say anything. According to Silent No More, Gillum would guess what happened and Fisher only had to nod his head or say Yes.
“I was very blunt with him when I asked questions but gave him the ability to answer with a yes or a no, that relieved him of a lot of burden,” Gillum wrote. In the same book, Aaron Fisher recalled: “Mike just kept saying that Jerry was the exact profile of a predator. When it finally sank in, I felt angry.”
The grand result of Gillum's work --- Fisher cashed in for $7.5 million.
Another alleged victim who initially denied he had been abused, Dustin Struble, Victim No. 7, dramatically changed his story after he also underwent recovered memory therapy.
Like many of the other alleged victims in this case, Struble's story kept evolving. Struble told the grand jury that Sandusky had never touched his privates or touched him in the shower, which Struble said he and Sandusky shared with other coaches and players.
But at Sandusky's trial, Struble changed his story to say that Sandusky put his hands down the boy's pants when they were riding in Sandusky's car. And this time when he told the story about showering with Sandusky, Struble claimed that Sandusky was alone with him in the shower. And that Sandusky grabbed the boy and pushed his own naked front against the boy's backside, then he touched the boy's nipples and blew on his stomach.
When asked why his account had changed, Struble testified, "That doorway that I had closed has since been reopening more. More things have been coming back and things have changed since that grand jury testimony. Through counseling and different things, I can remember a lot more detail that I had pushed aside than I did at that point."
Struble's new story won him a civil settlement of $3,250,000.
A prominent critic of recovered memory therapy is Dr. Elizabeth Loftus, one of the world’s foremost experts on the malleability of human memory. Loftus, who testified at a hearing on behalf of Sandusky’s unsuccessful bid for a new trial, has given lectures on how memory works to the Secret Service and FBI; she also has a contract to work for the CIA
On May 11, 2017, testifying by phone, Loftus told Judge Foradora, “There is no credible scientific support for this idea of massive repression."
Nor is there any credible support, she added, for the idea that “you need psychotherapy to dig it out, and you can reliably recover these memories . . . in order to heal yourself.”
In many jurisdictions, Loftus told the judge, cases involving repressed memories have been thrown out of court.
Human memory “doesn’t work like a recording device” that can simply be played back at a later date, Loftus told the judge. Memories evolve over time and can be distorted or contaminated with suggestive and leading questioning. Her experiments have also shown that people can be talked into believing things that aren’t true.

“You can plant entirely false memories in the minds of people for events that never happened,” she explained to the judge. And once those false memories are planted, she said, people will relate those memories as if they were true, “complete with high levels of detail and emotion.”
But at the Sandusky trial, repressed memories were consistently presented as fact. Prosecutor Joseph McGettigan told the jury before calling his witnesses that he would have to “press these young men for the details of their victimization,” because “they don’t want to remember.” That’s why the investigation was slow,” McGettigan told the jury, because “the doors of people’s minds” were closed.
After a jury found Sandusky guilty, then Pennsylvania Attorney General Linda Kelly held a press conference outside the courthouse where she said of the alleged victims, “It was incredibly difficult for some of them to unearth long-buried memories of the shocking abuse they suffered at the hands of this defendant.”
During the appeal hearing over Sandusky's conviction, memory expert Loftus told Judge Foradora, “It seems pretty evident that there were drastic changes in the testimony of some of the [Sandusky] accusers.”
One reason for those changes, she testified, was the “highly suggestive” way police and psychotherapists interviewed them.
But rather than listen to Loftus, and the science, Judge Foradora chose to believe the recovered memories of the victims, which was the basis for the state attorney general's X-rated fractured fairy tale.
Victims' Stories Totally Unvetted
At Penn State, the university paid out $118 million to 36 alleged victims without investigating anything.
The average cost of the settlements was $3.3 million, more than double the average settlements paid out by the Catholic Church in abuse cases in Los Angeles and San Diego.
In 2013, the extravagant payouts prompted the university’s insurance carrier, the Pennsylvania Manufacturers Association Insurance Company [PMA], to sue Penn State and the various “John Doe” claimants. The lawsuit ended three years later in a confidential settlement that lawyers in the case told Big Trial they were prohibited from discussing.
One of those lawyers is Eric Anderson of Pittsburgh, an expert witness who testified on behalf of the insurance carrier.

“It appears as though Penn State made little effort, if any, to verify the credibility of the claims of the individuals,” Anderson wrote on October 5, 2015. In his report, Anderson decried “the absence of documentation” in the claims, saying in many cases there was “no signed affidavit, statement or other means of personal verification of the information which I reviewed."
“I do not know why so many of the cases were settled for such high sums of money,” Anderson wrote.

In paying out the $118 million, the university did not undertake any of the usual methods to vet the stories of the accusers, such as having them questioned by private investigators, deposed by lawyers, personally examined by forensic psychiatrists, or subjected to polygraph tests.
Instead, the university just wrote checks.
How The Alleged Victims Were Recruited
On May 1, 2009, deputy state attorney general Eshbach wrote a formal request to initiate a grand jury probe of Sandusky. Nineteen months later, the state attorney general's investigation of Sandusky the alleged serial pedophile, had produced only one alleged victim, the brainwashed Aaron Fisher.
To make matters worse, the first grand jury that heard Fisher testify didn't believe him, so they issued no indictment.
But in November 2010, the A.G. got a tip about the shower incident that Mike McQueary had supposedly witnessed a decade earlier, a breakthrough that suddenly energized the Sandusky investigation.
On March 10, 2011, the state attorney general convened a second grand jury. They were aided by reporter Sara Ganim, who on March 31, 2011, wrote the first story about the secret grand jury probe of Sandusky that revealed for the first time the allegation that Sandusky was a serial sexual abuser of children.
The Ganim story basically functioned as a want add for the A.G.'s office to recruit more sex abuse victims.
The state police and the attorney general's office promptly created a seven-member joint task force and sent them out knocking on the doors of hundreds of young men who were alums of Sandusky’s Second Mile charity for disadvantaged youths, hunting for alleged victims.
But the joint task force didn't have much success.
As one frustrated investigator emailed on June 3, 2011, as recounted by author Mark Pendergrast in his book, “We have recently been interviewing kids who don’t believe the allegations as published and believe Sandusky is a great role model for them and others to emulate.”
On Jan. 4, 2012, Anthony Sassano, a narcotics agent from the state attorney general's office who led the Sandusky investigation, testified that the special task force interviewed 250 men who were former members of the Second Mile charity, but found only one man who claimed to be a victim of abuse.
Ask yourself a simple question. If Jerry Sandusky was allegedly the most notorious pedophile in America who's been on rampage in a small town of 42,000 for nearly four decades, why does the state have to create a special joint task force to go out knocking on doors, and hunting down victims?
Shouldn't they be lined up around the block?
But then the grand jury presentment hit the media. On Nov. 10, 2011, Business Insider ran a story predicting that Penn State wound wind up paying Sandusky's accusers a total of $100 million.
Suddenly, every plaintiff’s lawyer in the Commonwealth of Pennsylvania had been alerted about a possible jackpot at Penn State. All they had to do to hit the lottery was to round up some guys who were willing to claim they were abused.
In seeking a lottery payoff, these alleged victims wouldn't even have to give up their real names. The media, for sure, could be counted on to keep their identities secret. While they were vilifying and destroying Jerry Sandusky's name and reputation every day.
After Sandusky was convicted, the floodgates opened, and 41 men filed civil claims for damages. Thirty-six of them would eventually get paid.
And it didn't require any heavy lifting.
Penn State had hired Kenneth Feinberg, dubbed “The Master of Disaster,” to oversee the settlement process with victims. Feinberg specialized in a global approach to settlements, rather than duke it out in court with one individual claim after another.
At Penn State, Feinberg prepared a form for alleged victims that merely required their lawyers to make their allegations, as part of what was billed as a “claims resolution process."
The claims as submitted in more than 120 pages of confidential records that the press or public has never seen, are entirely devoid of evidence.
None of the initial claims were authenticated by signed affidavits, there were no reports of forensic evidence or witness testimony, or corroboration of any kind. Except when a few of the victims who were pals got each other to vouch for their stories.
The stories of the alleged victims, which were often improbable, and featured constantly changing details, remain completely unvetted to this day.
Jack Rossiter, a former FBI agent of 30 years, investigated more than 150 cases of alleged sex abuse as a private detective employed by the Catholic Archdiocese of Philadelphia between 2003 and 2007.
As far as the Penn State case was concerned, Rossiter told Big Trial he was surprised to hear that apparently not one of the 36 alleged victims ever told anyone about the attacks when they allegedly occurred -- a period that spanned nearly four decades.
Got that? Over four decades, in at least 500 alleged sex crimes involving 36 innocent victims, there was not one contemporaneous report of abuse.

If a pedophile was running loose for that long in small town, Rossiter said, "You would think someone would pick it up. Either at school or the parents or a close friend."
On top of that, in a scandal involving national publicity, like the Sandusky case, Rossiter said, if you were a gate keeper at Penn State, you'd have to be on guard against criminals and drug addicts coming forward to seek a pay day.
"With national headlines and all these people lining up, you'd have to be more skeptical" of the claims," Rossiter said.
But Penn State never even ran background checks to see if any of the alleged victims had criminal records. When Big Trial checked, we found that 12 of the 36 alleged victims who got paid did indeed have criminal records, including arrests for tampering with and fabricating physical evidence, identity theft, criminal conspiracy, theft, receiving stolen property, theft by deception, robbery and terroristic threats.
The way the system is supposed to work, somebody at Penn State should have investigated the stories told by the alleged victims.
"That's what you do, you investigate," Rossiter emphasized. "The key is to find corroboration for the victim's story, to see if their stories hold up."
But Penn State didn't do any of that. Instead, they just wrote checks.
Why? Because the trustees had already decided that they would pay any price to save their beloved Nittany Lions.
As for Jerry Sandusky, and his constitutional rights, nobody gave a damn.
The Defendant's Medical Records
In their civil claims of abuse, the 36 alleged victims portray Sandusky as a sexually insatiable predator with the virility of a male porn star in his 20s. According to the claims, Sandusky was constantly on the prowl for forced sex with boys, and never had any problems achieving an erection.
Sandusky’s medical records, however, from 2006 to 2008, depict a man in his 60s suffering from all kinds of ailments and conditions, including atrophied testicles and chronic prostatitis.

A doctor who reviewed Sandusky’s medical records, but asked to remain anonymous, told Big Trial in an email, “This guy couldn’t get an erection no matter how he tried. Even Cialis/Viagra would probably not work.”
The doctor added that because the medical issue was never raised at trial, Sandusky should have sued his lawyers for malpractice.

Doctors described Sandusky as having an “androgen deficient state,” meaning he had levels of male sex hormones so low it was unhealthy. Sandusky’s medical records state that he was undergoing “testosterone replacement therapy for significant low levels of both free and total testosterone.”
Sandusky's medical records reveal that he was being treated with antibiotics for chronic prostatitis, an inflammation of the prostate commonly caused by bacterial infection that results in frequent and painful urination. Prostatitis can also cause sexual problems such as low libido, erectile dysfunction, and painful ejaculations.

Sandusky’s chronic prostatitis began in 2005 and continued through 2008, his medical records state. Doctors described Sandusky as being “light-headed” and suffering “dizziness” from using Flomax, which he began taking in 2006, because he was having trouble urinating.

In addition to his urological problems, Sandusky’s medical records list many ailments that raise the question of whether Sandusky was healthy and energetic enough to be out having rampant, promiscuous sex with all those boys.
Sandusky’s ailments include cysts on one of his kidneys, a small aneurysm in his brain, a 2006 hernia operation, bleeding hemorrhoids, chest pains, headaches, drowsiness, elevated blood pressure, and sleep apnea.
He was on thyroid medication when he went to the doctors and told them he began “falling apart” in 2005. By 2008, his doctors wrote, Sandusky reported he was falling asleep at the wheel and gotten involved in two car accidents.

The medical records also describe a distinctive feature of Sandusky’s anatomy that none of his accusers have ever mentioned.
On February 2, 2006, Dr. Frank B. Mahon at the Milton S. Hershey Medical Center, who was treating the 62-year-old Sandusky for chronic prostatitis, wrote that Sandusky had “small” testicles of “perhaps 2 cm” or centimeters each, which equals .787 of an inch. The average size of adult testicles are between two and three inches.

On December 18, 2008, another doctor at the Hershey Medical Center wrote that the 6-foot-1 210-pound former coach, nearly 65, had “marked testicular atrophy with very little palpable testicular tissue.”

In stark contrast to the way he is portrayed in the claims against him, a couple of law enforcement types who have observed Sandusky in close quarters describe him as an anomaly in the hyper-macho world of football coaches, saying he comes across as asexual.
There may be genetic reasons for that. Sandusky’s medical records state that as a boy, he had “delayed development of secondary sexual characteristics” that required shots, but they don’t say what kind of shots. Sandusky told his doctors he was “unable to have children” because his “sperm counts were low.”

Sandusky's medical records state that he suffered from hypothyroidism, [underactive thyroid] as well as hypogonadism, meaning his body didn’t produce enough testosterone to maintain good health.

The medical records, which date from 2006 to 2008, cover the same time period during which a couple of key trial accusers, Aaron Fisher and Sabastian Paden, claimed they were being raped hundreds of times by Sandusky.
Fisher settled his civil case against Penn State for $7.5 million. Paden, whose lawyers won in court access to all the confidential records in the Penn State case that are still under a judge's seal, got the biggest pay out of all the alleged victims, $20 million.

Totaling up the allegations made in 36 civil claims that were paid, the alleged victims stated that they had been raped or sexually abused by Sandusky at a minimum of least 520 to 620 times.

At his trial, Sandusky’s lawyers never used his medical records in his defense, probably because they didn’t have time to even read boxes of grand jury testimony, or serve subpoenas on witnesses.

In prison, Sandusky’s appeals lawyer said, he remains on a half-dozen medications, including continuing testosterone replacement therapy, and Terazosin for continuing prostate infections.

There’s another angle to the story of Sandusky’s medical records -- there are 36 alleged victims who got paid after claiming they were raped and abused hundreds of times by Sandusky, including nine alleged victims who claim that Sandusky had engaged with them in high-risk and apparently unprotected anal sex.
Yet not one of these alleged victim has ever asked to see Sandusky’s medical records, to find out whether he had HIV or any venereal disease. Nor has any victim ever sought to have Sandusky tested for any diseases.
That's the kind of evidence that would aid a criminal case. In a civil case, if Sandusky was found to have infected his victims with disease, it would have raised the damages.

But in the Penn State case, none of the alleged victims ever pursued the disclosure of any of Sandusky’s medical records.
You have to ask why.
And whether the answer is because it never really happened.



Jerry Sandusky is a relic from another time. He's an only child who was the son of Polish immigrants. His father, Art Sandusky, a trolley conductor, was the coach of a local baseball team who ran a recreation center that took in troubled kids and hired disabled people as employees.
At the recreation center, the motto hung on the wall by Sandusky's father said, "Don't give up on a bad boy, because he might turn out to be a great young man." Jerry Sandusky, a devout Methodist who grew up in that rec center, adopted his father's mission, and was out to save the world one troubled kid at a time.
At the rec center, it was a common practice for men and boys to shower together. When Sandusky first got in trouble in 1998, for taking a shower with 11 year-old Zachary Konstas, after a complaint from the boy's mother, the incident wound up being investigated by authorities that included an official from the Centre County Children and Youth Services, a detective from the Penn State police, an investigator from the state Department of Public Welfare, the boy's therapist, as well as a psychologist hired by the county.
The authorities concluded that there was no evidence of abuse or of any sexual conduct whatsoever, so the mother's alleged claim was officially deemed unfounded. As recounted in The Most Hated Man In America; Jerry Sandusky and the Rush to Judgment, by author Mark Pendergrast, the psychiatrist who questioned young Zach Konstas for an hour concluded:

"The behavior exhibited by Mr. Sandusky is directly consistent with what can be seen as an expected daily routine of being a football coach. This evaluator spoke to various coaches from high school and college football teams and asked about their locker room behavior. Through verbal reports from these coaches it is not unusual for them to shower with players. This appears to be a widespread, acceptable situation and it appears that Mr. Sandusky followed through with patterning that he has probably done without thought for many years."
The problem in the Sandusky case is that the customs of an earlier time, as in a communal shower for men and boys, are being viewed through a modern lens.
Since he couldn't have kids of his own, Jerry and his wife Dottie adopted six children, five girls and a boy. Only one of those adopted kids, Matt Sandusky, who took his adoptive dad's name, would ultimately claim to be abused.
According to author Mark Pendergrast, after Matt sat next to his adoptive mother on the first day of the Sandusky trial and heard the alleged victim spout accusations of abuse that were the result of recovered memory therapy, Matt came home and told one of his siblings, "This is ridiculous. Anyone can make accusations without evidence, and get paid. I could, you could, anyone could . . . but I actually have morals."
Three days later, Matt famously flipped. After first telling authorities he hadn't been abused, Matt gave a statement to the police that said that after he went to a psychiatrist, he had recalled memories of past abuse. His flip earned him an appearance on Oprah, and a civil settlement of $325,000.


The other five of Sandusky's adopted kids, however, told Pendergrast that they'd never been abused, and that they didn't believe that Matt had ever been abused either.
I'll leave the last words to the man who's been in prison for the past ten years as a result of egregious official misconduct and a decade of media malpractice.
"I am an innocent person, wrongly convicted by sinister ways of deception, dishonesty and disregard," Sandusky wrote from prison.
"I did not commit the heinous crimes I was accused of doing. Oral and anal sex never entered my mind, nor did I ever engage in them with anybody. This includes my wife, who has been my only sexual partner and loyally stands with me today."
 
That's easy.

Ten years after an illegal grand jury leak set off the media firestorm known as the Penn State sex abuse scandal, the evidence of official misconduct in this case is so pervasive and egregious that Jerry Sandusky deserves to walk out of prison today as a free man.
Since 2017, Big Trial has reviewed thousands of pages of court transcripts and legal proceedings in the case, along with hundreds of pages of confidential documents that are still under a judge's seal.
Taken together, those records tell a clear story -- the case against Sandusky is fatally flawed from top to bottom. A decade later, records show, the actions of many of the principal actors in this case, including prosecutors, judges, and FBI Director Louis Freeh, who led the civil investigation at Penn State, are irredeemably tainted by misconduct, incompetence, unethical behavior, conflict of interest, collusion and/or corruption.
In addition, psychologists in the case used scientifically discredited recovered memory therapy to elicit suspect testimony from many of the alleged victims, whose improbable and constantly evolving stories to this day have never been vetted by anyone. Finally, the defendants' own medical records cast doubt on whether Sandusky was physically capable of performing the acts he was accused of.
Based on the evidence that I will present here, there's no longer any reason for any sane person to believe in the findings of both the civil and the criminal investigations conducted at Penn State. A decade later, the prevailing story line in the Penn State sex scandal about the man who's supposed to be the most notorious pedophile in America amounts to an X-rated fractured fairy tale that, when viewed from multiple angles, makes no freaking sense.
There's a looming shadow that's cast over the entire Penn State scandal, and that's the egregious conduct of an overzealous prosecutor on a rampage, former Deputy Attorney General Frank Fina, who was the lead prosecutor at Penn State.
Amelia Kittredge, the counsel for the state Supreme Court's disciplinary board who ran the investigation that resulted in Fina losing his license to practice law, memorably described Fina to the state's highest court as "someone who cannot or will not separate right from wrong."
A decade later, Fina's fingerprints are all over this travesty of a case, particularly when it comes to illegal grand jury leaks. But when we're talking about bad actors in the Sandusky case, Fina's got plenty of company.
The tragedy of all this is if the state gets its wish, Sandusky, who at 77, still professes his innocence, may die in prison before the truth about the scandal behind the scandal at Penn State is finally known.
Much of the material published below will be familiar to Big Trial readers, as it has been presented piecemeal over the past five years in some 60 blog posts published on this website.
The stories were written by myself as well as author Mark Pendergrast, who excerpted on bigtrial.net several chapters from his 2017 book, The Most Hated Man In America; Jerry Sandusky and the Rush to Judgment.
It was ten years ago this month, on Nov. 4, 2011, that the premature leak of the pending grand jury indictment of Sandusky to reporter Sara Ganim set off the media firestorm that would railroad Sandusky into spending what amounts to a life sentence in jail.
Just five days after that leak, without doing any fact-finding, Penn State's panicked board of trustees hastily fired Joe Paterno, the winningest football coach in America, as well as longtime Penn State President Graham Spanier.
With the tenth anniversary of the Penn State case upon us, rather than examine its own malpractice and negligence, the news media has chosen to regurgitate a completely discredited story line that's built around a big lie.
To counter the prevailing narrative, I've decided to publish in one spot large chunks of the evidence that clearly shows Sandusky was railroaded.
As outlined below, the level of official misconduct in this case is so extreme that it rises to the level of egregious. That's the term the state Supreme Court used in 1992 when it freed former Lower Merion High School Principal Jay Smith from prison, where he had been on death row for six years, after his conviction for the murders of English teacher Susan Reinert and her two children, whose bodies were never discovered.
In the Jay Smith case, the state Supreme Court found that prosecutors in the state attorney general's office committed egregious misconduct when they hid exculpatory evidence that would have benefitted the defendant. The hidden evidence included two grains of sand found between the toes on Reinert's body that indicated she may have died at the Jersey Shore, as opposed to the the prosecution's theory of the case, which was that Smith had killed Reinert in his basement.
In freeing Smith, the state Supreme Court barred a retrial on the grounds that it would amount to unconstitutional double jeopardy.
In the Sandusky case, the state attorney general's office outdid its previous standards for corruption by knowingly writing a false and inflammatory grand jury presentment, deliberately leaking that false presentment to the media, and then basically manufacturing the trial testimony that was used to convict Sandusky. To finish the job, the judges in this case trampled on Sandusky's constitutional rights at every turn, while turning a blind eye to overwhelming evidence of official misconduct.
Stated simply, the Sandusky case is a cluster f--k from start to finish that can't be undone.
The Rape In The Showers
Let's start at the beginning, with the headline charge in the grand jury presentment that has permanently convicted Sandusky in the minds of an entire nation, as well as the jury pool in Centre County. The headline charge that was also responsible for the firing of Paterno and Spanier.
“Remember that little boy in the shower,” then-Gov. Tom Corbett told the university’s board of trustees on Nov. 9, 2011, just before they decided, in a mad rush to judgment, to fire Paterno and Spanier without even taking a formal vote.
According to that grand jury presentment, a decade earlier, at 9:30 p.m. on March 1, 2002, a then-28-year-old Penn State graduate assistant walked into the locker room at the Lasch Football Building on the University Park Campus.
[The prosecutors subsequently claimed they had gotten the date of the shower story wrong, and moved the date of that alleged incident back 13 months to Feb. 9, 2001.]
The graduate assistant, subsequently identified as assistant Penn State football coach Mike McQueary, heard "rhythmic slapping sounds" emanating from the showers, sounds that he "believed" to be evidence of "sexual activity."
According to the grand jury presentment, McQueary looked into the showers and saw "a naked boy, Victim 2, whose age he estimated to be ten years old, with his hands up against the wall, being subjected to anal intercourse by a naked Sandusky."
According to the grand jury presentment, the "distraught" graduate assistant called his father for advice, and then he left he Lasch Building and went straight home.
"The next morning," according to the grand jury presentment, McQueary "went to [Coach Joe] Paterno's home, where he reported what he had seen."
The rape in the showers, as well as the implication that McQueary promptly told Paterno about "what he had seen" -- as in that rape in the showers -- are both works of fiction written by overzealous prosecutors in the state attorney general's office.
How do we know this? From the words of the sole witness himself, in emails first disclosed by blogger Ray Blehar.
On Nov. 10, 2011, six days after the grand jury presentment was leaked, McQueary emailed deputy Attorney General Jonelle Eshbach to tell her that the grand jury report the AG had just published was factually incorrect.
"I feel my words are slightly twisted and not totally portrayed correctly in the presentment," McQueary wrote. "I cannot say 1000 percent sure that it was sodomy. I did not see insertion. It was a sexual act and or way over the line in my opinion whatever it was."
In a second email that day to Eshbach, McQueary complained about "being misrepresented" in the media. To which Eshbach replied, "I know that a lot of this stuff is incorrect and it is hard not to respond. But you can't."
During a defamation suit that McQueary subsequently filed against Penn State, Eshbach was sworn in as a witness and asked to explain what she meant by telling McQueary not to talk.

"My advice to Mr. McQueary not to make a statement was based on the strengthening of my -- and saving of my case," Eshbach testified. "I did not want him [McQueary] making statements to the press at that time that could at some time be used against him in cross-examination. He [McQueary] was perfectly free to make a statement, but I asked him not to."
Less than a month after the grand jury presentment, Paterno issued a statement disclosing that when he went before the grand jury, he testified, "It was obvious that the witness [McQueary] was distraught over what he saw, but he at no time related to me the very specific actions contained in the Grand Jury report."
To further confirm this, on Dec. 16, 2011, McQueary testified under cross-examination that "I have never used the word anal or rape in this -- since day one."
Besides Paterno, McQueary told his story about "whatever it was" that he had allegedly witnessed within hours of the alleged incident in the Penn State showers to his father, John McQueary, and his father's friend, Dr. Jonathan Dranov, who, as a doctor, was a mandated reporter when it comes to allegations of sex abuse.
Approximately 10 days later, McQueary told Penn State Athletic Director Tim Curley and senior Vice President for finance and business Gary Schultz about what he had allegedly seen in the showers.
All five men -- Paterno, McQueary's father, Dr. Dranov, Curley and Schutz -- have testified under oath that Mike McQueary never told them that he witnessed anything sexual going on in the showers. Instead, Paterno, Curley and Schultz characterized what McQueary told them about as "horseplay."
On Nov. 23, 2010, recounting what was then a nearly decade-old incident in the showers, McQueary wrote out a statement to police that said whatever he witnessed took place during a brief time period that lasted between 30 and 45 seconds.
During that time, McQueary wrote to the cops, he glanced into a mirror once, which gave him a reflected view of the showers, and then he glanced directly into the showers.
McQueary told a grand jury in 2010 that the two “glances” he took each lasted “maybe one or two seconds.”
But the story McQueary told kept changing.
On Nov. 8, 2011, after the grand jury presentment became public, McQueary emailed a friend and claimed that instead of leaving the locker room and doing nothing to stop an alleged rape of a child in progress, "I did stop it, not physically, but made sure it was stopped when I left that locker room."
In that email that was subsequently published in Thee Morning Call of Allentown, PA, on Nov. 15, 2011, McQueary also claimed that he told the police about the rape in the showers. But the next day, representatives from both the Penn State campus police and the State College police publicly stated that they had no record of McQueary ever reporting any sex crime to them.
In subsequent retellings of the shower story, McQueary claimed that when he left the locker room, he slammed his locker door, which he said, made Sandusky look up and stop the abuse. McQueary also claimed that as he was leaving the shower room, he took another glance in the showers a second time, to make sure that Sandusky and the boy remained apart.
At the Sandusky trial in 2012, McQueary testified that when he first glanced in the showers eleven years earlier, this time he said that glance lasted between one and five seconds, and that he saw Sandusky standing behind a boy whose hands were against the shower wall.
On the witness stand, McQueary claimed that he now recalled a "very slow, slow, subtle movement" of Sandusky's crotch against the boy's buttocks.
The identity of the victim, the boy in the showers, Deputy Attorney General Joe McGettigan told the jury at the Sandusky trial, was "known only to God." But jurors didn't buy that story, and despite convicting Sandusky on 45 other counts, they acquitted Sandusky on the charge of abusing the unknown boy in the showers.
[According to author Mark Pendergrast, McGettigan was lying when he said they didn't know the identity of the boy in the showers. He's a former Marine named Allan Myers, who was 14, and not 10 at the time of the alleged shower incident. Myers initially told the state police and a private investigator that Sandusky was a father figure and mentor who had never abused him, and that they were horsing around that day in the shower, snapping some towels, when McQueary walked in.
That was before Myers decided to drastically change his story and cash in, to the tune of a $6.9 million civil settlement. During Sandusky's bid for a new trial, Myers was sworn in as a witness in 2016 and asked which story he told was the truth. He responded by saying he couldn't remember 34 times.]
The Previously Undisclosed Federal Investigation At Penn State
The Penn State sex scandal was the subject of a criminal investigation by the state attorney general's office, and a supposedly independent civil investigation conducted at the cost of $8 million by former FBI Director Louis Freeh.
The investigation conducted by the state attorney general's office resulted in the indictment of Sandusky for the alleged rape of the boy in the showers, as well as for allegedly abusing seven other minors.
On June 22, 2012, a Centre County jury found Sandusky guilty of 45 out of 48 counts of sex abuse, and sentenced him to 30 to 60 years in jail.
The state attorney general's office also initially charged Spanier, Curley and Schultz with failing to report allegations of child abuse to authorities, along with allegedly committing perjury during grand jury testimony.
The Freeh Report concluded that there was an official cover up of Sandusky's sex crimes at Penn State. And that during that cover up, the Freeh Report claimed, Spanier, Curley and Schultz had displayed a "total and consistent disregard" for the safety and welfare of Sandusky's alleged victims, as well as a "striking lack of empathy."
In publishing their 267-page report, the authors of the Freeh Report claimed they operated "with total independence," and that "no party interfered with, or attempted to influence the findings in this report."
The media has dutifully reported on the two investigations done by the state attorney general's office, and former FBI Director Freeh, as well as their findings about a rape in the showers, followed by an official cover-up on the part of Penn State's top officials.
But there has been a total news blackout in the mainstream media on the third investigation done at Penn State. It was done by the federal government in 2012, which resulted in a 110-page report that initially was stamped confidential, but was finally declassified in 2017.
The federal investigation was conducted by former NCIS Special Agent and veteran cold case investigator John Snedden, then on assignment for the U.S. Federal Investigative Services.
Against the backdrop of the Penn State sex abuse scandal, Snedden's job was to determine whether former Penn State President Spanier deserved to have a high-level national security clearance renewed amid allegations that he had orchestrated an official cover-up of Jerry Sandusky's sex crimes.
With national security at stake, Snedden conducted a five-month investigation on the Penn State campus in 2012. And what did he find?
That the rape in the showers story told by McQueary made no sense, and that McQueary, who told so many different versions of that story -- according to author Mark Pendergrast, a total of five different accounts -- wasn't a credible witness.
Snedden also concluded that there was no cover up at Penn State, because there was no sex crime in the showers to cover up. It was the exact opposite of the conclusions reached by the state attorney general's office, and the Freeh Report.
As a result, the feds cleared Spanier, and renewed his high level security clearance.
Why didn't Snedden buy the rape in the showers story?
Back in 2001, Snedden told Big Trial, Mike McQueary was a 26-year-old, 6-foot-5, 240-pound former college quarterback used to running away from 350-pound defensive linemen. If McQueary actually saw Jerry Sandusky raping a young boy in the shower, Snedden said, he probably would have done something about it.

"I think your moral compass would cause you to act and not just flee," Snedden said.

If McQueary really thought he was witnessing a sexual assault on a child, Snedden said, wouldn't he have gotten between the victim and a "wet, defenseless naked 57-year-old guy in the shower?"

Or, if McQueary decided he wasn't going to physically intervene, Snedden said, instead of going home and doing nothing about a child rape in progress, why didn't he call the cops from the Lasch Building?
As Snedden says, the story makes no sense. It was also egregious prosecutorial misconduct for the state attorney general's office to fictionalize and sensationalize such a flimsy, decade-old story, and then hang an entire grand jury presentment on it.
Evidence of Corruption, Collusion & Illegal Grand Jury Leaks
While the Freeh Group investigation claimed to operate with "total independence," there's a confidential record that meticulously documents ample evidence of routine collusion between the criminal investigation of Penn State conducted by the state attorney general's office, and the supposedly independent investigation conducted by the Freeh Group.
And that evidence comes from a seemingly unimpeachable source, former FBI Special Agent Kathleen McChesney, who was credited with starting the investigation that led to the capture of serial killer Ted Bundy.
In "Conversations with a Killer: The Ted Bundy Tapes," McChesney revealed on camera how the federal investigation of the serial killer got started. A woman called and said, "I'm concerned about my boyfriend -- his name is Ted Bundy."
The girlfriend proceeded to detail Bundy's suspicious behavior that included following women around at night, hiding a knife in his car and keeping a bag of women's underwear in his apartment.
McChesney, who was on the task force that ultimately arrested Bundy, rose to become the only female FBI agent appointed to be the bureau's executive assistant director. Her credibility was such that in 2002, in the wake of the widespread sex abuse scandal involving the Catholic clergy, the U.S. Conference of Bishops hired McChesney to establish and lead its Office of Child and Youth Protection.
McChesney is also the author of a 2011 book, "Pick Up Your Own Brass: Leadership the FBI Way."
But in the Sandusky case, the decorated former FBI special agent is now known for another book she wrote -- an unpublished, confidential 79-page diary written in 2011 and 2012, back when McChesney was a private investigator working for her old boss, former FBI Director Freeh, while investigating Penn State.
In her diary, McChesney records multiple contemporaneous instances of then Deputy Attorney General Frank Fina, the lead prosecutor in the Penn State case, leaking grand jury secrets to the Freeh Group.
It's clear from the McChesney diary that multiple grand jury documents were also regularly leaked to the Freeh Group, as was a 1998 police report on an earlier alleged shower incident that was investigated and found to be unfounded, resulting in a report that was supposed to have been expunged in 1999.
While the Freeh Group claimed in their report that they operated with "total independence" and "no party interfered with, or attempted to influence the findings in this report," the McChesney diary tells a different story.
Namely, that in conducting their supposedly independent investigation, the Freeh Group was regularly colluding with and working seemingly under the direction of the state attorney general's office, and particularly under the direction of deputy Attorney General Frank Fina.
According to McChesney, members of the Freeh Group "don't want to interfere with their investigations," and that she and her colleagues were being "extremely cautious & running certain interviews by them."
McChesney wrote that the Freeh Group even "asked Fina to authorize some interviews." And that the A.G.'s office "asked us to stay away from some people, ex janitors, but can interview" people from the Second Mile, Sandusky's charity for disadvantaged youths.
According to McChesney, Fina was actively involved in directing the Freeh Group's investigation, to the point of saying if and when they could interview certain witnesses.
For example, McChesney recorded that the Freeh Group was going to notify Fina that they wanted to interview Ronald Schreffler, an investigator for Penn State Police who probed the earlier 1998 shower incident involving Sandusky and another boy that turned out to be unfounded; he also wrote the police report that was supposed to be expunged.
After he was notified, McChesney wrote, "Fina approved interview with Schreffler."
According to the McChesney diary, Fina also routinely kept the Freeh Group up to date on what was going on with the grand jury investigation, telling Freeh's investigators secrets that the defendants and their lawyers weren't privy to.
For example, the night before former Penn State President Spanier, Curley and Schultz were going to be arrested, Gregory Paw, another Freeh investigator, sent an email to his colleagues at the Freeh Group, advising them of the imminent arrest.

The subject of Paw's email: "CLOSE HOLD -- Important."
"PLEASE HOLD VERY CLOSE," Paw wrote his colleagues at the Freeh Group. "[Deputy Attorney General Frank] Fina called tonight to tell me that Spanier is to be arrested tomorrow, and Curley and Schultz re-arrested, on charges of obstruction of justice and related charges . . . Spanier does not know this information yet, and his lawyers will be advised about an hour before the charges are announced tomorrow."
When I asked Freeh, through a spokesperson, whether he as a private citizen during the Penn State investigation, was authorized to have access to grand jury secrets, Freeh declined comment.
Other emails contained in documents under seal show that while investigating Penn State, Freeh may have had a conflict of interest. According to the emails, Freeh, whose investigators had telephone conferences with every Friday with NCAA officials, saw the Penn State investigation as a way to land the NCAA as a permanent client.

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. "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. 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."
It took seven years but Freeh's efforts finally paid off. In August, 2019, the NCAA hired five employees of the Freeh Group to staff its new Complex Case Unit.
The McChesney diary was the basis for a motion for a new trial filed with the state Superior Court in 2020 by Sandusky's appeal lawyers. In their motion for a new trial, Sandusky's lawyers requested an evidentiary hearing where McChesney would have been summoned to testify under subpoena and asked to authenticate the diary.
But a year later, on May 13, 2021, the state Superior Court denied that motion, ruling that Sandusky's lawyers did not file their appeal in a timely fashion.
Instead, the state Superior Court blasted Sandusky's appeal lawyers, saying that they "dithered for one-half a year" before bringing the newly discovered evidence to the court's attention.
Evidence of Jury Tampering
The Freeh Group's investigation at Penn State involved interviewing hundreds of people, including a Penn State faculty member before she was chosen as a juror in the Sandusky case.
And when it came time for defense lawyers to question the juror, she misrepresented what she had told the Freeh Group.
The juror was identified by Freeh's investigators as Laura Pauley, a professor of mechanical engineering at Penn State, who did not respond to a request for comment. During jury selection on June 6, 2012, Pauley was asked by Joseph Amendola, Sandusky's trial lawyer, what she told Freeh's investigators.

"It was focused more on how the board of trustees interacts with the president," Pauley told Amendola, as well as "how faculty are interacting with the president and the board of trustees . . ."
But an April 19, 2011 confidential summary of that interview shows that the juror had already made up her mind about the guilt of Sandusky, by reading her local newspaper. According to the report of the interview, Pauley had also already decided that Penn State's top administrators were guilty of a cover up.
In her interview with Freeh's investigators, Pauley stated that she was "an avid reader of the Centre Daily Times" and that she believed that the leadership at Penn State just "kicks the issue down the road."

"The PSU culture can best be described as people who do not want to resolve issues and want to avoid confrontation," she told Freeh's investigators.

Pauley, a tenured professor who served on the Faculty Advisory Committee for three years, told Freeh's investigators that Penn State President Graham Spanier was "very controlling," and that "she feels that [former Penn State Athletic Director Tim] Curley and [former Penn State vice president Gary] Schultz are responsible for the scandal."

"She stated that she senses Curley and Schultz treated it [the scandal] the 'Penn State' way and were just moving on and hoping it would fade away."
While Pauley was being questioned by Amendola, Sandusky's appeal lawyers wrote, "at no time during this colloquy, or any other time, did the prosecution disclose that it was working in collaboration with the Freeh Group which interviewed the witness."
Had Amendola known what Pauley told Freeh's investigators, he would have sought to have her stricken from the jury. He would have also asked the judge to find out whether any other jurors had met with Freeh's investigators.

At Sandusky's trial, while Amendola was questioning Pauley about what she told Freeh's investigators, Deputy Attorney Frank Fina sat silently at the prosecution table and said nothing.
Since the McChesney's diary documents how the Freeh Group routinely kept the attorney general's office abreast of the Freeh investigation, it's possible that Fina knew all about the Freeh Group's interview with Pauley.
It's also possible that Fina may have even been given his own copy of that interview with the juror.



On Feb. 19, 2020, the state Supreme Court of Pennsylvania voted to suspend for a year and a day the law license of former deputy attorney general Frank Fina, the lead prosecutor in the Penn State case, for his "reprehensible" and "inexcusable" misconduct during the grand jury investigation of three Penn State officials that he accused of orchestrating a cover up.
Fina, the disciplinary board found, was guilty of purposely "misleading" a grand jury judge into thinking that Fina wasn't going to press Cynthia Baldwin, Penn State's former counsel, into breaking the attorney-client privilege behind closed doors and betraying three top Penn State officials who were her former clients -- Spanier, Curley and Schultz.
Fina got Baldwin to cooperate by threatening her with an indictment for obstruction of justice. So Baldwin went into the grand jury and testified against her clients, without even notifying them of her betrayal.

After deliberately misleading the judge back in October 2012, Fina then "proceeded to question [Baldwin] extensively about the very subjects he represented to Judge [Barry] Feudale he would avoid," the disciplinary board concluded.
"These actions are reprehensible" and "inexcusable," the disciplinary board wrote.
Even worse, the disciplinary board found that Fina's alleged defense of his behavior before the board was "without substance." What Fina did, the disciplinary board said, was to tear down all the safeguards built into the criminal justice system by turning defense attorney Baldwin "into a witness for the prosecution against her clients."
"Unlike other lawyers, the prosecutor is more than a zealous advocate for a client," the state Supreme Court wrote. "The prosecutor bears as well the high and non-delegable duty of ensuring a fair process for the defendant and of comporting himself or herself always in a manner consistent with a position of public trust."
"To state it plain, instead of Baldwin serving as a shield for her former clients, her testimony was elicited and used by Fina as a sword against them, to devastating effect," the court wrote. In addition, when he was brought up on charges of misconduct, the disciplinary board concluded, Fina "failed to acknowledge he had a special responsibility to ensure justice and utterly failed to acknowledge the ramifications of his conduct."

The board found that "deflecting responsibility and displaying a lack of sincere remorse constitute aggravating factors."
Clearly, Fina was a man who would stop at nothing to accomplish his goals. Even if it meant breaking the law.
There was more fall-out from Fina's actions.
In 2013, then state Attorney General Katharine Kane ousted Judge Feudale from his duties as supervising grand jury judge in Harrisburg, citing his close relationship with Fina and lack of objectivity.
On Feb. 21, 2020, the state Supreme Court publicly censured Baldwin, a former state Supreme Court justice herself, for her "unfathomable" and "incompetent" actions in betraying her own clients.
In censuring Baldwin, the court noted her "lack of remorse for her actions," saying she "cast blame for her problems on everyone involved," but never herself.




The trial of Sandusky was presided over by the Honorable John Cleland, who oversaw a rush to judgment that resulted in Sandusky going from indictment to conviction at trial in just seven months.
How did the judge pull that off? By trampling on Sandusky's constitutional rights.

Before the trial started, Sandusky's defense lawyers tried to get the trial postponed so they could wade through 12,000 pages of grand jury transcripts he had just received only 10 days before the start of trial.

Amendola, Sanduksy's trial lawyer, begged for a continuance, telling the judge that he needed time to read the files and find out what Sandusky's accusers were saying about him; he also needed time to subpoena witnesses.

"We can't prepare . . . I felt like Custer at Little Bighorn for God's sake," Amendola testified during an appeals hearing. But Judge Cleland turned him down.
[Besides being unprepared, Joe Amendola, Sandusky's trial lawyer, was painfully inept, as detailed on this blog by author Mark Pendergrast.]

Jerry Sandusky had a constitutional right to a fair trial. But in order to save Penn State football, which was being threatened with the death penalty by the NCAA, Sandusky had to be convicted and sitting in jail before the start of the 2012 college football season to wrap up the Penn State scandal in a nice, neat bow.
Putting Sandusky in jail for life fit right into the deal that PSU had struck with the NCAA, which was to voluntarily admit guilt and take their lumps, which included a $60 million fine. But the payoff for Penn State was that the Nittany Lions would escape the death penalty that the NCAA had threatened to impose on the football program in Happy Valley.

Jerry Sandusky also had a constitutional right to confront his accusers, but Judge Cleland took care of that as well.

The night before the preliminary hearing in the case, the only pretrial opportunity where Sandusky's lawyers would have had the right to confront his accusers -- the eight young men who claimed that Sandusky had abused them -- Judge Cleland convened an unusual off-the-record meeting of prosecutors, a magistrate, and defense lawyers at the Hilton Garden Inn at State College.
At the meeting, with prosecutors nodding in agreement, the judge talked Amendola into waiving the preliminary hearing so that Sandusky could remain out on bail for his trial. On their end of the deal, the state attorney general's office, which had previously requested bail of $1 million for Sandusky, agreed to lower that amount to $250,000.
The A.G. had also had threatened to file more charges against Sandusky, but according to the deal worked out by the judge during the off-the-record session at the Hilton Garden Inn, no more charges would be forthcoming.

So Amendola caved and took the deal. The grand result of Sandusky's lawyers waiving the preliminary hearing was that the Pennsylvania railroad that Sandusky was riding on would stay on schedule.
During the appeal process, after Judge Cleland's actions were disclosed regarding the Hilton Garden Inn conference, the judge had to turn over notes that he had taken during the off-the-record session. Cleland then voluntarily recused himself from continuing to preside over the appeals in the Sandusky case.
While the Sandusky case was headed to trial at breakneck speed, some people in the know were aware that the Honorable Judge Cleland wasn't going to budge on the scheduled trial date.
In the McChesney diary, on May 10, 2012, the former FBI agent noted in a conference call with Gregory Paw and Omar McNeil, two of Freeh's investigators, that Paw is going to talk to Fina, and that the "judge [is] holding firm on date of trial."

In an affidavit, Amendola, Sandusky's trial lawyer, stated that McChesney didn't get that information from him.

"An obvious question arises as to whether or not the trial judge was communicating with a member of the Freeh Group, attorneys for the attorney general's office, or anyone else concerning the trial date," Sandusky's appeal lawyers wrote.

In their motion for a new trial, Sandusky's lawyers sought to question Judge Cleland at an evidentiary hearing "to determine whether, and to what extent, collusion between the office of the attorney general, the Freeh investigation and the NCAA had an impact on the trial."



During the appeals of Sandusky's conviction, his lawyers accused deputy attorney generals Fina and Eshbach of breaking state law by repeatedly leaking grand jury secrets.
But on Oct. 18, 2017, Jefferson County Presiding Judge John Henry Foradora issued a 59-page opinion where he cleared Fina and Eshbach of leaking, while denying Sandusky a new trial sought under the Post Conviction Relief Act.
In his opinion, Judge Foradora concluded that Fina and Eshbach weren't the leakers who were feeding reporter Sara Ganim intel about the impending grand jury presentment.
Why? Because Fina said so.

The judge bought Fina's alibi that he and Eshbach had supposedly set an "internal trap" to find the real leakers. But apparently the two prosecutors were about as successful as O.J. Simpson was in his hunt for the real killers.
Fina had asked his old buddy, Judge Barry Feudale, the supervising judge of the grand jury, to investigate the leak, Judge Foradora wrote. So, Judge Foradora decided, after hearing testimony from Fina, that it couldn't be Fina or Eshbach who were doing the leaking at the A.G.'s office.
At the PCRA hearing, "the testimony, then did not support the idea that the prosecution leaked grand jury information for any reason, let alone for the purpose of generating more victims," the judge wrote.
"If anything it supports the opposite conclusion, because while someone might be skeptical about the validity of Eshbach and Fina's internal 'trap'" to catch the real leakers, the judge wrote. "It is a fact of human nature that one engaged in or aware of misconduct he does not wish to have exposed does not ask an outside source to investigate it."
Unless the judge in question is an old pal. As in wink, wink.
One of the allegations of a leak raised by Sandusky's lawyers involved an incident related by the prosecution's official whistle blower in the Sandusky case, Mike McQueary.
At the 2017 trial of former PSU President Graham Spanier, McQueary was asked by a prosecutor how he found out that Sandusky was going to be arrested.
During the bye week of the 2011 Penn State football season, McQueary said, "I was on my way to Boston for recruiting and I was going from the F terminal over to the B terminals over in Philadelphia Airport."
That's when "the AGs called," McQueary said, referring specifically to Eshbach. According to McQueary, Eshbach told him "We're going to arrest folks and we are going to leak it out."
But rather than believe McQueary, Judge Foradora decided to trust Fina and Eshbach.
In denying Sandusky a new trial, Judge Foradora foolishly staked his entire 59-page opinion on the credibility and integrity of Frank Fina, which is now in tatters.
On Feb. 5, 2019, the state Superior Court, in a 70-page written by another gullible judge, the Honorable Judge Carolyn Nichols compounded this lunacy by denying Sandusky's appeal of Judge Foradora's opinion not to grant a new trial.
Once again, Judge Nichols and another court bought Fina and Eschbach's explanation that they had set an "internal trap" to find the real leakers, and didn't do any leaking themselves.
Recovered Memory Therapy
According to Mark Pendergrast, therapists in the Sandusky case used scientifically-discredited recovered memory therapy on six of Sandusky's eight accusers at trial, and on several other alleged victims who wound up getting civil settlements.
Pendergrast focused on the work of therapist Mike Gillum, who for three years, in weekly and sometimes daily skull sessions, basically brainwashed Aaron Fisher, Victim No. 1, into recalling memories of abuse, after he had originally denied he had been abused.
In a book Gillum co-wrote with Fisher, Silent No More, the therapist, who was convinced from the get-go that Sandusky was a serial abuser, stated that he sought to “peel back the layers of the onion” of Fisher's brain to recover memories of abuse that Gillum already knew were there.
During these weekly and sometimes daily sessions, Fisher didn't have to say anything. According to Silent No More, Gillum would guess what happened and Fisher only had to nod his head or say Yes.
“I was very blunt with him when I asked questions but gave him the ability to answer with a yes or a no, that relieved him of a lot of burden,” Gillum wrote. In the same book, Aaron Fisher recalled: “Mike just kept saying that Jerry was the exact profile of a predator. When it finally sank in, I felt angry.”
The grand result of Gillum's work --- Fisher cashed in for $7.5 million.
Another alleged victim who initially denied he had been abused, Dustin Struble, Victim No. 7, dramatically changed his story after he also underwent recovered memory therapy.
Like many of the other alleged victims in this case, Struble's story kept evolving. Struble told the grand jury that Sandusky had never touched his privates or touched him in the shower, which Struble said he and Sandusky shared with other coaches and players.
But at Sandusky's trial, Struble changed his story to say that Sandusky put his hands down the boy's pants when they were riding in Sandusky's car. And this time when he told the story about showering with Sandusky, Struble claimed that Sandusky was alone with him in the shower. And that Sandusky grabbed the boy and pushed his own naked front against the boy's backside, then he touched the boy's nipples and blew on his stomach.
When asked why his account had changed, Struble testified, "That doorway that I had closed has since been reopening more. More things have been coming back and things have changed since that grand jury testimony. Through counseling and different things, I can remember a lot more detail that I had pushed aside than I did at that point."
Struble's new story won him a civil settlement of $3,250,000.
A prominent critic of recovered memory therapy is Dr. Elizabeth Loftus, one of the world’s foremost experts on the malleability of human memory. Loftus, who testified at a hearing on behalf of Sandusky’s unsuccessful bid for a new trial, has given lectures on how memory works to the Secret Service and FBI; she also has a contract to work for the CIA
On May 11, 2017, testifying by phone, Loftus told Judge Foradora, “There is no credible scientific support for this idea of massive repression."
Nor is there any credible support, she added, for the idea that “you need psychotherapy to dig it out, and you can reliably recover these memories . . . in order to heal yourself.”
In many jurisdictions, Loftus told the judge, cases involving repressed memories have been thrown out of court.
Human memory “doesn’t work like a recording device” that can simply be played back at a later date, Loftus told the judge. Memories evolve over time and can be distorted or contaminated with suggestive and leading questioning. Her experiments have also shown that people can be talked into believing things that aren’t true.

“You can plant entirely false memories in the minds of people for events that never happened,” she explained to the judge. And once those false memories are planted, she said, people will relate those memories as if they were true, “complete with high levels of detail and emotion.”
But at the Sandusky trial, repressed memories were consistently presented as fact. Prosecutor Joseph McGettigan told the jury before calling his witnesses that he would have to “press these young men for the details of their victimization,” because “they don’t want to remember.” That’s why the investigation was slow,” McGettigan told the jury, because “the doors of people’s minds” were closed.
After a jury found Sandusky guilty, then Pennsylvania Attorney General Linda Kelly held a press conference outside the courthouse where she said of the alleged victims, “It was incredibly difficult for some of them to unearth long-buried memories of the shocking abuse they suffered at the hands of this defendant.”
During the appeal hearing over Sandusky's conviction, memory expert Loftus told Judge Foradora, “It seems pretty evident that there were drastic changes in the testimony of some of the [Sandusky] accusers.”
One reason for those changes, she testified, was the “highly suggestive” way police and psychotherapists interviewed them.
But rather than listen to Loftus, and the science, Judge Foradora chose to believe the recovered memories of the victims, which was the basis for the state attorney general's X-rated fractured fairy tale.
Victims' Stories Totally Unvetted
At Penn State, the university paid out $118 million to 36 alleged victims without investigating anything.
The average cost of the settlements was $3.3 million, more than double the average settlements paid out by the Catholic Church in abuse cases in Los Angeles and San Diego.
In 2013, the extravagant payouts prompted the university’s insurance carrier, the Pennsylvania Manufacturers Association Insurance Company [PMA], to sue Penn State and the various “John Doe” claimants. The lawsuit ended three years later in a confidential settlement that lawyers in the case told Big Trial they were prohibited from discussing.
One of those lawyers is Eric Anderson of Pittsburgh, an expert witness who testified on behalf of the insurance carrier.

“It appears as though Penn State made little effort, if any, to verify the credibility of the claims of the individuals,” Anderson wrote on October 5, 2015. In his report, Anderson decried “the absence of documentation” in the claims, saying in many cases there was “no signed affidavit, statement or other means of personal verification of the information which I reviewed."
“I do not know why so many of the cases were settled for such high sums of money,” Anderson wrote.

In paying out the $118 million, the university did not undertake any of the usual methods to vet the stories of the accusers, such as having them questioned by private investigators, deposed by lawyers, personally examined by forensic psychiatrists, or subjected to polygraph tests.
Instead, the university just wrote checks.
How The Alleged Victims Were Recruited
On May 1, 2009, deputy state attorney general Eshbach wrote a formal request to initiate a grand jury probe of Sandusky. Nineteen months later, the state attorney general's investigation of Sandusky the alleged serial pedophile, had produced only one alleged victim, the brainwashed Aaron Fisher.
To make matters worse, the first grand jury that heard Fisher testify didn't believe him, so they issued no indictment.
But in November 2010, the A.G. got a tip about the shower incident that Mike McQueary had supposedly witnessed a decade earlier, a breakthrough that suddenly energized the Sandusky investigation.
On March 10, 2011, the state attorney general convened a second grand jury. They were aided by reporter Sara Ganim, who on March 31, 2011, wrote the first story about the secret grand jury probe of Sandusky that revealed for the first time the allegation that Sandusky was a serial sexual abuser of children.
The Ganim story basically functioned as a want add for the A.G.'s office to recruit more sex abuse victims.
The state police and the attorney general's office promptly created a seven-member joint task force and sent them out knocking on the doors of hundreds of young men who were alums of Sandusky’s Second Mile charity for disadvantaged youths, hunting for alleged victims.
But the joint task force didn't have much success.
As one frustrated investigator emailed on June 3, 2011, as recounted by author Mark Pendergrast in his book, “We have recently been interviewing kids who don’t believe the allegations as published and believe Sandusky is a great role model for them and others to emulate.”
On Jan. 4, 2012, Anthony Sassano, a narcotics agent from the state attorney general's office who led the Sandusky investigation, testified that the special task force interviewed 250 men who were former members of the Second Mile charity, but found only one man who claimed to be a victim of abuse.
Ask yourself a simple question. If Jerry Sandusky was allegedly the most notorious pedophile in America who's been on rampage in a small town of 42,000 for nearly four decades, why does the state have to create a special joint task force to go out knocking on doors, and hunting down victims?
Shouldn't they be lined up around the block?
But then the grand jury presentment hit the media. On Nov. 10, 2011, Business Insider ran a story predicting that Penn State wound wind up paying Sandusky's accusers a total of $100 million.
Suddenly, every plaintiff’s lawyer in the Commonwealth of Pennsylvania had been alerted about a possible jackpot at Penn State. All they had to do to hit the lottery was to round up some guys who were willing to claim they were abused.
In seeking a lottery payoff, these alleged victims wouldn't even have to give up their real names. The media, for sure, could be counted on to keep their identities secret. While they were vilifying and destroying Jerry Sandusky's name and reputation every day.
After Sandusky was convicted, the floodgates opened, and 41 men filed civil claims for damages. Thirty-six of them would eventually get paid.
And it didn't require any heavy lifting.
Penn State had hired Kenneth Feinberg, dubbed “The Master of Disaster,” to oversee the settlement process with victims. Feinberg specialized in a global approach to settlements, rather than duke it out in court with one individual claim after another.
At Penn State, Feinberg prepared a form for alleged victims that merely required their lawyers to make their allegations, as part of what was billed as a “claims resolution process."
The claims as submitted in more than 120 pages of confidential records that the press or public has never seen, are entirely devoid of evidence.
None of the initial claims were authenticated by signed affidavits, there were no reports of forensic evidence or witness testimony, or corroboration of any kind. Except when a few of the victims who were pals got each other to vouch for their stories.
The stories of the alleged victims, which were often improbable, and featured constantly changing details, remain completely unvetted to this day.
Jack Rossiter, a former FBI agent of 30 years, investigated more than 150 cases of alleged sex abuse as a private detective employed by the Catholic Archdiocese of Philadelphia between 2003 and 2007.
As far as the Penn State case was concerned, Rossiter told Big Trial he was surprised to hear that apparently not one of the 36 alleged victims ever told anyone about the attacks when they allegedly occurred -- a period that spanned nearly four decades.
Got that? Over four decades, in at least 500 alleged sex crimes involving 36 innocent victims, there was not one contemporaneous report of abuse.

If a pedophile was running loose for that long in small town, Rossiter said, "You would think someone would pick it up. Either at school or the parents or a close friend."
On top of that, in a scandal involving national publicity, like the Sandusky case, Rossiter said, if you were a gate keeper at Penn State, you'd have to be on guard against criminals and drug addicts coming forward to seek a pay day.
"With national headlines and all these people lining up, you'd have to be more skeptical" of the claims," Rossiter said.
But Penn State never even ran background checks to see if any of the alleged victims had criminal records. When Big Trial checked, we found that 12 of the 36 alleged victims who got paid did indeed have criminal records, including arrests for tampering with and fabricating physical evidence, identity theft, criminal conspiracy, theft, receiving stolen property, theft by deception, robbery and terroristic threats.
The way the system is supposed to work, somebody at Penn State should have investigated the stories told by the alleged victims.
"That's what you do, you investigate," Rossiter emphasized. "The key is to find corroboration for the victim's story, to see if their stories hold up."
But Penn State didn't do any of that. Instead, they just wrote checks.
Why? Because the trustees had already decided that they would pay any price to save their beloved Nittany Lions.
As for Jerry Sandusky, and his constitutional rights, nobody gave a damn.
The Defendant's Medical Records
In their civil claims of abuse, the 36 alleged victims portray Sandusky as a sexually insatiable predator with the virility of a male porn star in his 20s. According to the claims, Sandusky was constantly on the prowl for forced sex with boys, and never had any problems achieving an erection.
Sandusky’s medical records, however, from 2006 to 2008, depict a man in his 60s suffering from all kinds of ailments and conditions, including atrophied testicles and chronic prostatitis.

A doctor who reviewed Sandusky’s medical records, but asked to remain anonymous, told Big Trial in an email, “This guy couldn’t get an erection no matter how he tried. Even Cialis/Viagra would probably not work.”
The doctor added that because the medical issue was never raised at trial, Sandusky should have sued his lawyers for malpractice.

Doctors described Sandusky as having an “androgen deficient state,” meaning he had levels of male sex hormones so low it was unhealthy. Sandusky’s medical records state that he was undergoing “testosterone replacement therapy for significant low levels of both free and total testosterone.”
Sandusky's medical records reveal that he was being treated with antibiotics for chronic prostatitis, an inflammation of the prostate commonly caused by bacterial infection that results in frequent and painful urination. Prostatitis can also cause sexual problems such as low libido, erectile dysfunction, and painful ejaculations.

Sandusky’s chronic prostatitis began in 2005 and continued through 2008, his medical records state. Doctors described Sandusky as being “light-headed” and suffering “dizziness” from using Flomax, which he began taking in 2006, because he was having trouble urinating.

In addition to his urological problems, Sandusky’s medical records list many ailments that raise the question of whether Sandusky was healthy and energetic enough to be out having rampant, promiscuous sex with all those boys.
Sandusky’s ailments include cysts on one of his kidneys, a small aneurysm in his brain, a 2006 hernia operation, bleeding hemorrhoids, chest pains, headaches, drowsiness, elevated blood pressure, and sleep apnea.
He was on thyroid medication when he went to the doctors and told them he began “falling apart” in 2005. By 2008, his doctors wrote, Sandusky reported he was falling asleep at the wheel and gotten involved in two car accidents.

The medical records also describe a distinctive feature of Sandusky’s anatomy that none of his accusers have ever mentioned.
On February 2, 2006, Dr. Frank B. Mahon at the Milton S. Hershey Medical Center, who was treating the 62-year-old Sandusky for chronic prostatitis, wrote that Sandusky had “small” testicles of “perhaps 2 cm” or centimeters each, which equals .787 of an inch. The average size of adult testicles are between two and three inches.

On December 18, 2008, another doctor at the Hershey Medical Center wrote that the 6-foot-1 210-pound former coach, nearly 65, had “marked testicular atrophy with very little palpable testicular tissue.”

In stark contrast to the way he is portrayed in the claims against him, a couple of law enforcement types who have observed Sandusky in close quarters describe him as an anomaly in the hyper-macho world of football coaches, saying he comes across as asexual.
There may be genetic reasons for that. Sandusky’s medical records state that as a boy, he had “delayed development of secondary sexual characteristics” that required shots, but they don’t say what kind of shots. Sandusky told his doctors he was “unable to have children” because his “sperm counts were low.”

Sandusky's medical records state that he suffered from hypothyroidism, [underactive thyroid] as well as hypogonadism, meaning his body didn’t produce enough testosterone to maintain good health.

The medical records, which date from 2006 to 2008, cover the same time period during which a couple of key trial accusers, Aaron Fisher and Sabastian Paden, claimed they were being raped hundreds of times by Sandusky.
Fisher settled his civil case against Penn State for $7.5 million. Paden, whose lawyers won in court access to all the confidential records in the Penn State case that are still under a judge's seal, got the biggest pay out of all the alleged victims, $20 million.

Totaling up the allegations made in 36 civil claims that were paid, the alleged victims stated that they had been raped or sexually abused by Sandusky at a minimum of least 520 to 620 times.

At his trial, Sandusky’s lawyers never used his medical records in his defense, probably because they didn’t have time to even read boxes of grand jury testimony, or serve subpoenas on witnesses.

In prison, Sandusky’s appeals lawyer said, he remains on a half-dozen medications, including continuing testosterone replacement therapy, and Terazosin for continuing prostate infections.

There’s another angle to the story of Sandusky’s medical records -- there are 36 alleged victims who got paid after claiming they were raped and abused hundreds of times by Sandusky, including nine alleged victims who claim that Sandusky had engaged with them in high-risk and apparently unprotected anal sex.
Yet not one of these alleged victim has ever asked to see Sandusky’s medical records, to find out whether he had HIV or any venereal disease. Nor has any victim ever sought to have Sandusky tested for any diseases.
That's the kind of evidence that would aid a criminal case. In a civil case, if Sandusky was found to have infected his victims with disease, it would have raised the damages.

But in the Penn State case, none of the alleged victims ever pursued the disclosure of any of Sandusky’s medical records.
You have to ask why.
And whether the answer is because it never really happened.



Jerry Sandusky is a relic from another time. He's an only child who was the son of Polish immigrants. His father, Art Sandusky, a trolley conductor, was the coach of a local baseball team who ran a recreation center that took in troubled kids and hired disabled people as employees.
At the recreation center, the motto hung on the wall by Sandusky's father said, "Don't give up on a bad boy, because he might turn out to be a great young man." Jerry Sandusky, a devout Methodist who grew up in that rec center, adopted his father's mission, and was out to save the world one troubled kid at a time.
At the rec center, it was a common practice for men and boys to shower together. When Sandusky first got in trouble in 1998, for taking a shower with 11 year-old Zachary Konstas, after a complaint from the boy's mother, the incident wound up being investigated by authorities that included an official from the Centre County Children and Youth Services, a detective from the Penn State police, an investigator from the state Department of Public Welfare, the boy's therapist, as well as a psychologist hired by the county.
The authorities concluded that there was no evidence of abuse or of any sexual conduct whatsoever, so the mother's alleged claim was officially deemed unfounded. As recounted in The Most Hated Man In America; Jerry Sandusky and the Rush to Judgment, by author Mark Pendergrast, the psychiatrist who questioned young Zach Konstas for an hour concluded:

"The behavior exhibited by Mr. Sandusky is directly consistent with what can be seen as an expected daily routine of being a football coach. This evaluator spoke to various coaches from high school and college football teams and asked about their locker room behavior. Through verbal reports from these coaches it is not unusual for them to shower with players. This appears to be a widespread, acceptable situation and it appears that Mr. Sandusky followed through with patterning that he has probably done without thought for many years."
The problem in the Sandusky case is that the customs of an earlier time, as in a communal shower for men and boys, are being viewed through a modern lens.
Since he couldn't have kids of his own, Jerry and his wife Dottie adopted six children, five girls and a boy. Only one of those adopted kids, Matt Sandusky, who took his adoptive dad's name, would ultimately claim to be abused.
According to author Mark Pendergrast, after Matt sat next to his adoptive mother on the first day of the Sandusky trial and heard the alleged victim spout accusations of abuse that were the result of recovered memory therapy, Matt came home and told one of his siblings, "This is ridiculous. Anyone can make accusations without evidence, and get paid. I could, you could, anyone could . . . but I actually have morals."
Three days later, Matt famously flipped. After first telling authorities he hadn't been abused, Matt gave a statement to the police that said that after he went to a psychiatrist, he had recalled memories of past abuse. His flip earned him an appearance on Oprah, and a civil settlement of $325,000.


The other five of Sandusky's adopted kids, however, told Pendergrast that they'd never been abused, and that they didn't believe that Matt had ever been abused either.
I'll leave the last words to the man who's been in prison for the past ten years as a result of egregious official misconduct and a decade of media malpractice.
"I am an innocent person, wrongly convicted by sinister ways of deception, dishonesty and disregard," Sandusky wrote from prison.
"I did not commit the heinous crimes I was accused of doing. Oral and anal sex never entered my mind, nor did I ever engage in them with anybody. This includes my wife, who has been my only sexual partner and loyally stands with me today."
How is Ganim's Uncle Tanoose?
 
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You're making the assertion so the burden of proof is on YOU. LOL

I don't believe you are a scientist.

The burden of proof is on you.

Type your twitter handle in Google and see. It's pretty funny

I told you before what was needed. You refused and reported me to the mods for asking for personal information so I won't ask again and get banned. You are hiding behind that.

Already have

I find great amusement watching you implode as I call out your lies. It's funny

This is just amusement for me. It's religion for you.

I do know what it is and people living in mommies basement don't have them

You are a liar and that is why I would never waste money or time (other than mentally destroying you) trying to bet or "meet" with you. LOLOLOL

They do.

They weren't caught as they are telling the truth. Otherwise THEY would be in jail. Your conspiracy theories do not = "getting caught".

Why did you bring it up? Do you need to talk about it more?

Nope

Fixed it for ya.

Already have.

I have lots to do with my time and a very small part is calling you out. It's fun.

Kettle - Pot

No, my narrative is backed up by courts of law. Your narrative is based on a false religion.

It doesn't come from what ever I want in the moment as does yours. Do some more study about objective morality. There's a lot out there.

🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 🤣 Your delusion is enormous.

I think you flunked all of your STEM classes.

You can't worship data but you do worship JoePa and PSU.

Correct. You don't have any morals as what you call morals are just whatever you desire in the moment. But yes, it is troubling.

No, to most normal rational people

With the voices in your head.

No, that is mental illness

Afraid not.

It is a lot closer than a mere opinion about what baseball player is the GOAT.


True, but new evidence can be considered as the Innocence Project often does. However, it is hard to overturn most cases and in the case of Sandusky impossible.

Not true.

Maybe. I bet my Net Worth is greater than yours.

But you don't know do you 😂?

More lies. That's all you're capable of based on these silly posts.

You brought it up not me. Hypocrite

Well, living with mom keeps your expenses down.

More than you are, who is worshipping an institution and it's icon.

Again you have no idea.

Post yours, and without stuff blacked out. Rooster. Bet you won't LOL
Asking for personal information? That is verboten.
 
Another retard I see. You join Mr. Ed for drinks at the Port Vue and discuss your plans for world domination?🙄
Mr. Ed is PoopShoe’s buddy. I don’t associate with either. You’re a lazy slug. Post all day on a half defunct message board. I suppose one can do that whilst operating the deep frier at DQ in F@&$ Stick, Pennsyltucky.
 
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Mr. Ed is PoopShoe’s buddy. I don’t associate with either. You’re a lazy slug. Post all day on a half defunct message board. I suppose one can do that whilst operating the deep frier at DQ in F@&$ Stick, Pennsyltucky.
So this is another screen name Ed? What’s with the fecal obsession .
 
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No it is speculation and it is not fact.
The facts support the hypothesis. That's how critical thinking works. You can debate the hypothesis and/or you can attempt to explain why the facts have issues, but you cannot just dismiss it as speculation. The jury's verdict is also speculation.
Based on speculation
See above.
Has it's own special page. Worse than infractions listed in database as the NCAA explained.
You can argue about what having it's own special page means. The bottom line is that:

a) there is no mention on your "special page" of the word infractions, let alone what infractions were committed.
b) there are no infractions listed for PSU (not just football but any sport) in the database.

No matter how much you wish it was otherwise, these two things are true. PSU has NEVER been found guilty of any major NCAA infractions in any sport.
Can't have sanctions without infractions.
Except we have a clear example of when there were sanctions (unfair and unjust) without infractions.
 
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No "heroic scientist" would do such. He is a fraud and a religious zealot.
I don't think I ever claimed to be a hero. But I am definitely a scientist.

Nothing fraudulent about me, which I've offered to prove many times and you've declined.
 
You're making the assertion so the burden of proof is on YOU. LOL The burden of proof is on you.
Hold on. This is ridiculous even for you.

I claim you are not a PSU person and you tell me that I made the assertion so the burden of proof is on me.

YET, when you claim I am not a scientist, you claim the burden of proof is on me.

You cannot have it both ways.
I don't believe you are a scientist.
It doesn't change the fact that I am.
Type your twitter handle in Google and see. It's pretty funny
I have. Clearly there are other people with the same handle. Not terribly surprising. "Dr" is a common prefix for people online (sometimes TIC, sometimes not) and the Big Beef Burrito was (is?) a very popular fast food item at Taco Bell. I have my own anecdote behind the nickname and obviously cannot control who else might use it on other platforms that I don't participate in. But I am not a gamer and I have certainly never been in blackface (you don't even know what race I am...you make a lot of assumptions).
I told you before what was needed. You refused and reported me to the mods for asking for personal information so I won't ask again and get banned. You are hiding behind that.
I have zero recollection of you asking for anything specific. All I recall is "something verifiable" which is super vague; and I already provided. And I feel like even if I provide you with my PII you will just claim I googled some person online. So you need to tell me specifically what you want to see to admit you are wrong. Or you can STFU about it and never mention it again.
I find great amusement watching you implode as I call out your lies. It's funny
You only lie in trying to discredit me. I've not lied about anything about myself on this page.
This is just amusement for me. It's religion for you.
Making you look bad is amusement for me. Searching for the truth is more than just amusement.
I do know what it is and people living in mommies basement don't have them
The latter doesn't apply to me, but everyone that has ever had a job has a CV. It's just a resume (with things included that aren't on your paper pusher resume). But you are too ignorant to know that.
You are a liar and that is why I would never waste money or time (other than mentally destroying you) trying to bet or "meet" with you. LOLOLOL
You've wasted plenty of your time on this board and accomplished nothing. I am not a liar and you haven't even come close to "destroying" me. If you won't bet, that's fine (I'm sure Jesus tell you not to wager.....LOLOLOLOL). And if you don't want to meet, that's also fine (I try very hard not to associated with guys who molest ostriches). But short of that, I have no idea what I can show you to prove to you that I am who I say I am. You will just claim it is photo shopped. Because you are a liar who refuses to admit he is wrong.
Which facts back that up? Facts, not testimony.
They weren't caught as they are telling the truth. Otherwise THEY would be in jail. Your conspiracy theories do not = "getting caught".
They aren't telling the truth; it is just politically incorrect to question them. Which is ridiculous.
Why did you bring it up? Do you need to talk about it more?
I brought it up because it is relevant to the case. I've been a victim. You have not. Therefore, I have a much better perspective on what real victims feel (not fake victims like in this case). That's called relevance. You've been obsessing about the details (which I've shared because I believe in transparency). But I have no idea why that matters to you.
No, my narrative is backed up by courts of law. Y
I don't care about the courts of law. They got it wrong. Full stop.
It doesn't come from what ever I want in the moment as does yours. Do some more study about objective morality. There's a lot out there.
Tell us where it comes from. Who tells you what to think? I have formulated my own morality (which is what many people, including philosophers and all founders of new religions, do) and there is nothing wrong with that. In fact, it is FAR more intellectually honest than taking your morals from a book or a guy in a robe.
I think you flunked all of your STEM classes.
Wrong. Graduated with highest distinction (equivalent of summa cum laude) from PSU and finished my PhD at age 26. But you can keep doubting me if it makes you feel better about your sad little life.
You can't worship data
Sure you can. I hold data in highest esteem. Data is what allows us to explain the world around us and solve problems.
Correct. You don't have any morals as what you call morals are just whatever you desire in the moment. But yes, it is troubling.

No, to most normal rational people

With the voices in your head.

No, that is mental illness

Afraid not.
Again, who tells you how to think? You seem to think that independent thought is "the devil's work" which is laughable. Although this does explain why you just take the ESPN version of events as gospel. You cannot think for yourself, therefore you readily accept the story that requires the least thought.
True, but new evidence can be considered as the Innocence Project often does.
This occurs very rarely and the Innocence Project is unlikely to take on the case of an accused pedophile, even if the evidence all suggests he is wrongly imprisoned.
However, it is hard to overturn most cases and in the case of Sandusky impossible.
It is very hard. But that doesn't mean Sandusky is guilty.
Not true.

Maybe. I bet my Net Worth is greater than yours.

But you don't know do you 😂?
Neither do you. So why even talk about it? Why bring up your supposed wealth? It is completely irrelevant to the conversation.
More lies. That's all you're capable of based on these silly posts.
It's not. I had multiple jobs in sports (coaching and officiating) and sales (office based) from ages 16 to 19. At age 20, I had my first job in science.
You brought it up not me. Hypocrite
You brought it up, you epic douchebag. I offered to show you my W2 to show that I wasn't "a janitor who lives in my mother's basement" and you "bragged" that you didn't even get a W2 anymore because you were so wealthy. STFU.
Well, living with mom keeps your expenses down.
Not having kids is what keeps my expenses down.
Again you have no idea.
Just like you have no idea what I do for a living....Oh, except, yes you do, because I told you (and showed you).
Post yours, and without stuff blacked out. Rooster. Bet you won't LOL
Please note that you are asking for PII but I am not reporting you to the mods.

Also, I won't do this because you will just claim that I photoshopped it or found it on the internet.

There is literally nothing I can show you online that you will believe -- you've already demonstrated this.

That is why I suggested meeting. I can show you my CAC card, my business card and we can google my name together (it is relatively unusual, so pretty easy to find all of my publications, etc).
 
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The True Believer: Thoughts on the Nature of Mass Movements (Perennial Classics) Amazon product ASIN 0060505915Some of you weirdos need this. pnnylion/mrjoeteepis/ jonboyjj/ wheresjoe/Pinochet penthouse/joeaubie etc etc is helpless.
But some of you fellows aren’t totally gone .
 
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The True Believer: Thoughts on the Nature of Mass Movements (Perennial Classics)
Some of you weirdos need this. pnnylion/mrjoeteepis/ jonboyjj/ wheresjoe/Pinochet penthouse/joeaubie etc etc is helpless.
But some of you fellows aren’t totally gone .
Please don't pretend that those of you who post here all the time defending the corrupt OAG office aren't also followers of a mass movement.
 
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In other words, No it is not.

True, however .....


Remember lawyers for Jerry Sandusky filed a motion for a new trial based on newly discovered evidence that documents rampant collusion between the criminal investigation of the Penn State sex scandal conducted by the state attorney general's office and the supposedly independent $8 million civil investigation of PSU presided over by former FBI Director Louis Freeh.

Throughout the Freeh investigation, which was the legal basis for the NCAA's unprecedented sanctions imposed against Penn State that included a record $60 million fine, there were "substantial communications" between the AG's office and Freeh's investigators, the motion states. Those communications included a steady stream of leaks to Freeh's investigators emanating from the supposedly secret grand jury probe overseen by former Deputy Attorney General Frank Fina, a noted bad actor in this case.

The collusion and leaks between the AG's office and the Freeh Group are documented in three sets of confidential records filed under seal by Sandusky's lawyers; all those records, however, were previously disclosed on Big Trial. The records include a private 79-page diary kept by former FBI Special Agent Kathleen McChesney, the co-leader of the Freeh investigation, in 2011 and 2012; a seven-page "Executive Summary of Findings" of a 2017 confidential review of the Freeh Report conducted by seven Penn State trustees; and a 25-page synopsis of the evidence gleaned by the trustees in 2017 after a review of the so-called "source materials" for the Freeh Report still under judicial seal.

In documents filed Saturday in state Superior Court, Sandusky's lawyers argued in their motion for a new trial that the collusion that existed between the AG and Freeh amounted to a "de facto joint investigation" that not only violated state law regarding grand jury secrecy, but also tainted one of the jurors who convicted Sandusky.

Juror 0990

According to the motion for a new trial, "Juror 0990" was a Penn State faculty member who was interviewed by Freeh's investigators before she was sworn in as a juror at the Sandusky trial.

"At no time during this colloquy, or any other time, did the prosecution disclose that it was working in collaboration with the Freeh Group which interviewed the witness," lawyers Philip Lauer and Alexander Lindsay Jr. argue in the 31-page motion filed on Sandusky's behalf.

At jury selection, Joseph Amendola, Sandusky's trial lawyer, had no knowledge "about the degree of collaboration" ongoing between the AG's office and Freeh investigators, Sandusky's appeal lawyers wrote. Had he known, Amendola stated in an affidavit quoted in the motion for a new trial, Amendola would have "very likely stricken her for cause, or at a minimum, used one of my preemptory strikes to remove her as a potential juror."

Had he known the AG and Freeh Group were working in tandem, Amendola stated in an affidavit, he would have also quizzed all other potential jurors about any interaction with investigators from the Freeh Group. And he "would have sought discovery of all materials and statements obtained by the Freeh Group regarding the Penn State/Sandusky investigation."

Coercive Tactics By Freeh's Investigators

In their motion for a new trial, Sandusky's lawyers describe the hardball tactics employed by Freeh's investigators as detailed in a seven-page June 29, 2018 report from the Penn State trustees who investigated the so-called source materials for the Freeh Report. In their report, seven trustees state that "multiple individuals have approached us privately to tell us they were subjected to coercive tactics when interviewed by Freeh's investigators."

"Investigators shouted, were insulting, and demanded that interviewees give them specific information," the seven trustees wrote, such as, "Tell me that Joe Paterno knew Sandusky was abusing kids!"

"Some interviewees were told they could not leave until they provided what the interviewers wanted, even when interviewees protested that this would require them to lie," the trustees wrote. Some individuals were called back by Freeh's investigators for multiple interviews, where the same questions were repeated, and the interviewees were told they were being "uncooperative for refusing to untruthfully agree with interviewers' statements."

"Those employed by university were told their cooperation was a requirement for keeping their jobs," the trustees wrote. And that being labeled "uncooperative" by Freeh's investigators was "perceived as a threat against their employment."

Indeed, the trustees wrote, "one individual indicated that he was fired for failing to tell the interviewers what they wanted to hear."

"Coaches are scared of their jobs," the trustees quoted another interviewee as saying.

"Presumably," Sandusky's lawyers wrote, as a Penn State employee, "Juror number 0990 was subject to this type of coercion."

Sandusky's Lawyers Seek To Depose Freeh, Fina

In their motion for a new trial, Sandusky's lawyers ask the Superior Court for permission to conduct an evidentiary hearing so that Sandusky's lawyers could learn the depth of the collaboration that existed between the AG's office and Freeh's investigators.

At that evidentiary hearing, Sandusky's lawyers wrote, they would seek to depose Freeh, McChesney, and other Freeh investigators that include Gregory Paw and Omar McNeill. Sandusky's lawyers also seek to interview former deputy attorney generals Frank Fina, Jonelle Eshbach and Joseph McGettigan, as well as former AG agents Anthony Sassano and Randy Feathers.

According to the motion, the communications on the part of the AG's office "appear to have included information, and even testimony, from the special investigating grand jury then in session, which communications would be in direct violation of grand jury secrecy rules, and would subject the participants in the Attorney General's office to sanctions."

Sandusky's lawyers are also seeking disclosure of all of the so-called source materials for the Freeh Report. Those records, as previously mentioned, are still under seal in the ongoing cover-up of the scandal behind the Penn State scandal, as led by the stonewalling majority on the Penn State board of trustees.

Sandusky, 76, was re-sentenced on appeal last November to serve 30 to 60 years in prison for sexually abusing ten boys, the same sentence he originally got after he was convicted in 2012 on 45 counts of sex abuse.

According to a Dec. 2, 2011, letter of engagement, Freeh was formally hired by Penn State to "perform an independent, full and complete investigation of the recently publicized allegation of sexual abuse."

But instead of an independent investigation, the confidential documents show that Freeh's investigators were hopelessly intertwined with the AG's criminal investigation, tainting both probes. According to the confidential documents, the AG's office was supplying secret grand jury transcripts and information to Freeh's investigators; both sets of investigators were also trading information on common witnesses and collaborating on strategy.

The records show that former deputy Attorney General Fina was in effect directing the Freeh Group's investigation by telling Freeh's investigators which witnesses they could interview, and when. In return, Freeh's investigators shared what they were learning during their investigation with Fina. And when they were done, Freeh's investigators showed the deputy AG their report before it was made public.

The Pennsylvania Railroad

In their motion for a new trial, Sandusky's lawyers argue that their client's constitutional rights were trampled under the mad rush to save Penn State's storied football program from the NCAA's threat to impose the "death penalty" on the Nittany Lions.

To save Penn State football, the NCAA and Penn State's trustees had worked out a consent decree with voluntary sanctions. The consent decree, which called for the university's unconditional surrender, required that two things happen by the opening of the 2012 college football season to save Penn State football: Jerry Sandusky had to be convicted and the Freeh Report had to be published.

Sandusky was indicted by a grand jury on Nov. 5, 2011, the details of which were leaked to reporter Sara Ganim of the Patriot-News of Harrisburg.

On Nov. 21, 2011, Penn Stated agreed to hire Freeh.

The railroad was running right on schedule. And Judge John Cleland, who presided over Sandusky's trial, demonstrated time and time again that he was willing to sacrifice Sandusky's constitutional rights to keep the trains running on time.

On Dec. 12, 2011, an off-the-record meeting was held at the Hilton Garden Inn at State College, attended by the trial judge, John Cleland, the prosecutors, the defense lawyers, and a district magistrate judge. At the off-the-record hotel meeting, Sandusky's lawyers agreed to waive a preliminary hearing where they would have had their only pre-trial chance to question the eight alleged victims who would testify at trial against Sandusky.

For any defense lawyer, this unusual conference led to a decision that was akin to slitting your own throat. But Sandusky's defense lawyers were completely overwhelmed by the task of defending their client against ten different accusers -- two of whom were imaginary boys in the shower -- while confined to a blitzkrieg trial schedule.

On Feb. 29, 2012, Amendola sought a two-month delay for the trial that was denied by Judge Cleland.

On the eve of the Sandusky trial, Amendola and his co-counsel, Karl Rominger, made a motion to withdraw as Sandusky's defense lawyers because, as Amendola told the judge, "We are not prepared to go to trial at this time."

The motion was denied.

In an affidavit, Amendola stated that "no attorney could have effectively represented Mr. Sandusky" given the "time constraints" imposed by Judge Cleland. Amendola stated that in the days and weeks before the Sandusky trial, he was hit with "more than 12,000 pages of discovery."

Those time constraints, Amendola stated, kept two expert forensic psychologists from participating in Sandusky's defense, which would have included reviewing the discovery in the case.

But under Judge Cleland, the Pennsylvania Railroad that Jerry Sandusky was riding on had to stay on schedule. And everybody knew it, including the prosecutors in the AG's office, as well as Freeh's investigators.

In the McChesney diary, on May 10, 2012, she noted in a conference call with Gregory Paw and Omar McNeil, two of Freeh's investigators, that Paw is going to talk to Fina, and that the "judge [is] holding firm on date of trial."

In his affidavit, Amendola, Sandusky's trial lawyer, states that McChesney didn't receive this information from him.

"An obvious question arises as to whether or not the trial judge was communicating with a member of the Freeh Group, attorneys for the attorney general's office, or anyone else concerning the trial date," Sandusky's appeal lawyers wrote.

In their motion for a new trial, Sandusky's lawyers seek to question Judge Cleland at an evidentiary hearing "to determine whether, and to what extent, collusion between the office of the attorney general, the Freeh investigation and the NCAA had an impact on the trial."

And "whether, as a result, defendant's right to a fair trial, and the effective assistance of his counsel, were negatively affected or compromised."

They were. Meanwhile, the trains were running on time.
On June 22, 2012, Sandusky was found guilty.

On July 12, 2012, the Freeh report was issued.

On July 23, 2012, NCAA President Mark Emmert and PSU President Rodney Erickson signed a consent decree that imposed sanctions on PSU football program.

Less than two weeks later, on Aug. 6, 2012, the Penn State football team, under new coach Bill O'Brien, gathered at the practice field at University Park for the official start of training camp.

On Sept. 1, l2012, the Nittany Lions played Ohio University at Beaver Stadium in the season opener, lost 24-14, en route to a 8-4 season.

So Penn State football was saved at the expense of Jerry Sandusky's constitutional rights.

Frank Fina: Leaker, Bad Actor

In their motion for a new trial, Sandusky's lawyers cite a history of leaks on grand jury investigations that deputy attorney general Frank Fina was the lead prosecutor on.

It began with a partial grand jury transcript in the bonus gate investigation that was leaked to the Pittsburgh Post-Gazette in 2009.

Next, the indictment of Sandusky was leaked to Sara Ganim in 2011, who was functioning as the press secretary for the AG's office.

Finally, the names of four state legislators who allegedly took bribes from Tyron Ali during an undercover operation -- and the amount of money and gifts that they took -- was leaked to The Philadelphia Inquirer in 2014.

According to Sandusky's lawyers, "this form of prosecutorial misconduct" -- leaking -- had become "entrenched and flagrant" in the AG's office. Especially when Frank Fina was in charge of a grand jury investigation.

Fina has previously been disciplined for his overzealous and unprincipled actions in the Penn State investigation.

In February, the state Supreme Court in a
5-1 decision suspended Fina's law license for a year and a day after the state's office of disciplinary counsel found that Fina had improperly obtained grand jury testimony against three former Penn State officials from their own lawyer.

Fina had threatened to indict former Penn State General Counsel Cynthia Baldwin, unless she became a cooperator in the grand jury against her own clients. To pull that off, the disciplinary board found, Fina had to deceive a grand jury judge about his true intentions when he interviewed Baldwin before the grand jury. And he had to browbeat Baldwin to the point where she was willing to betray the attorney-client privilege by testifying against her clients.

For her misconduct in the grand jury investigation of Penn State, the state Supreme Court gave Baldwin, a former state Supreme Court justice, a public reprimand.

McChesney's Diary

McChesney's diary is replete with constant, ongoing communication between Freeh's investigators and the AG's office while both investigations were up and running.

For example, in her diary McChesney makes reference to a 1998 police report that the Freeh team should not have had access to. The report was an investigation into the first incident involving Sandusky showering with a child, but the investigation had cleared Sandusky of any wrongdoing.

In her diary, McChesney doesn't mention how the Freeh Group obtained that police report, but three lines later, McChesney wrote: "Records - IT: Team working with Atty general, will receive in stages."

McChesney's diary portrayed Fina as not only leaking grand jury secrets to the Freeh Group, but also being actively involved in directing the Freeh Group's investigation, to the point of saying if and when they could interview certain witnesses.

McChesney recorded that the Freeh Group was going to notify Fina that they wanted to interview Ronald Schreffler, the investigator from Penn State Police who probed the 1998 shower incident. After he was notified, McChesney wrote, "Fina approved interview with Schreffler."

According to McChesney, members of the Freeh Group "don't want to interfere with their investigations," and that she and her colleagues were being "extremely cautious & running certain interviews by them."

McChesney wrote that the Freeh Group even "asked [Deputy Attorney General] Fina to authorize some interviews." And that the AG's office "asked us to stay away from some people, ex janitors, but can interview" people from the Second Mile, Sandusky's charity for youths.
In her diary, McChesney speculated about the need to have somebody "handle, organize, channel data" from the attorney general's office. GP, she wrote, presumably, Greg Paw, discussed "Piggyback on AG investigation re: docs."

In her diary, McChesney is also extremely knowledgable about what the AG was up to during its supposedly secret grand jury investigation of Penn State. She described the "AG's strategies: may go to new coach to read riot act to [Penn State Associate Athletic Director Fran] Ganter et al."

On March 7, 2012, McChesney wrote that the Freeh Group continued to be in "close communications with AG and USA," as in the U. S. Attorney.

On March 30, 2012, Greg Paw related to McChesney what he learned during a call with Frank Fina. Fina, according to Paw, was "relooking at [Penn State President Graham] Spanier," and that Fina was "not happy with University & cooperation but happy to have 2001 email."

She also knew that the grand jury judge was "not happy with" Penn State Counsel Cynthia Baldwin," specifically "what she [Baldwin] said about representing the university."

In the grand jury proceedings, Baldwin asserted that she had represented the university, and not Penn State President Graham Spanier, Athletic Director Tim Curley, and Penn State Vice-President Gary Schultz. Apparently, the grand jury judge had a problem with that, McChesney wrote.

Freeh's investigators also interviewed Baldwin on several occasions.

Baldwin's grand jury testimony was described by McChesney in her diary as "inconsistent statements." McChesney also noted that "we are getting" copies "of the transcripts."

And the grand jury transcripts on Baldwin weren't the only documents the AG's office was sharing with Freeh's investigators. On April 2, 2012, McChesney recorded being notified by fellow investigator McNeill that "AG documents received re: Curley and Schultz."

In her diary, McChesney continued to log grand jury secrets that not even the defendants in the Penn State case were aware of.

On April 16, 2012, McChesney recorded "next week more grand jury," and that Spanier would be charged. She added that Spanier's lawyer didn't "seem to suspect" that Spanier was going to be arrested. She also recorded that Spanier's lawyer "wants access to his emails," but that Fina did not want Spanier "to see 2001 email chain," where Penn State administrators talked about how to handle Sandusky and his habit of showering with children.
McChesney wrote that the grand jury was meeting on April 25th, and that an indictment of Spanier might come as soon as two days later. She also recorded that Fina "wants to question [people]; then it turns into perjury," which McChesney noted was "not fair to the witness."

More Frank Fina Leaks

On April 19, 2012, Paw "spoke with Fina," and was advised that the deputy attorney general "does not want Spanier or other [defendants] to see documents; next 24 hours are important for case & offered to re-visit over weekend re: sharing documents."

McChesney further recorded that "attys and AG's office staffs are talking & still looking to charge Spanier." Paw, she wrote, was scheduled to meet with Spanier's lawyer tomorrow, and that "Fina said the 4 of them [including Wendell Courtney] are really in the mix." McChesney was presumably referring to Spanier, Curley, Schultz and Courtney, then a Penn State counsel.

The emails from the trio of Penn State administrators, McChesney wrote, would be "released in a [grand jury] presentment and charging documents."

The night before Spanier was arrested, Paw sent an email to his colleagues at the Freeh Group, advising them of the imminent arrest.

The subject of Paw's email: "CLOSE HOLD -- Important."
"PLEASE HOLD VERY CLOSE," Paw wrote his colleagues at the Freeh Group. "[Deputy Attorney General Frank] Fina called tonight to tell me that Spanier is to be arrested tomorrow, and Curley and Schultz re-arrested, on charges of obstruction of justice and related charges . . . Spanier does not know this information yet, and his lawyers will be advised about an hour before the charges are announced tomorrow."
Other members of the state attorney general's office were helpful to Freeh's investigators. McChesney wrote that investigator Sasssano divulged that he brought in the son of Penn State trustee Steve Garban because "he had info re [Jerry Sandusky] in shower." The AG's office also interviewed interim Penn State football coach Tom Bradley about his predecessor, Joe Paterno, and the 1998 shower incident.

"Bradley was more open & closer to the truth," McChesney wrote, "but still holding back."

On April 26, 2012, McChesney noted in her diary that "police investigators have interviewed 44 janitors, 200+ victims." On May 1, 2012, she wrote that Fina told them that "Spanier brings everyone in on Saturday." Fina also told the Freeh Group that he found out from Joan Coble, Schultz's administrative assistant, and her successor, Kim Belcher, that "there was a Sandusky file," and that it supposedly "was sacrosanct and secret."

McChesney recorded that Fina told the Freeh Group that one of Schultz's administrative assistants "got a call on her way to work on Monday from Schultz." She was told she had to surrender keys, presumably to the locked file. "She's emotional," McChesney wrote. " She may have been sleeping w Schultz."

Both Coyle and Belcher got immunity to testify against Schultz. Meanwhile, there were several leakers on Schultz's supposedly secret file that he was keeping on Sandusky. As McChesney recorded in her diary, "Fina got papers from two different sources."

The cooperation between the attorney general's office and Freeh's investigators went both ways.
When Freeh's investigators, including McChesney, interviewed Penn State counsel Baldwin and learned somebody else in the attorney general's office was leaking her information, they knew they had to tell Fina.

"Paw: didn't tell Fina that Baldwin heard @ the charges before they happened, but will tell him that," McChesney wrote. Baldwin, McChesney added, told Freeh's investigators that "a colleague in the AG's office leaked that Curly, Schultz and Sandusky would be charged," and that Spanier "was stunned."

Emails From The Source Materials

From the get-go, the prospect of Freeh's investigators working in tandem with the AG's office was laid out in emails circulated among Freeh's investigators.
"If we haven't, we should make certain that we determine the utility of looking into all the same areas of interest raised by the AG in the subpoenas, to ensure that we do not get 'scooped' [borrowing Louie's term used in connection with the recent federal subpoena]," Omar McNeill, a senior investigator for the Freeh Group, wrote his colleagues on Feb. 8, 2012.

"I think that we are delving into most of the same areas, but I am not sure at all," McNeill wrote.

"I want to make sure that we are comfortable that we have an understanding of all the areas the AG has inquired about in subpoenas [or otherwise if our contacts at the AG have provided us other insights] that we can state when asked -- as we certainly will be -- that we made a conscious, strategic decision as to whether to pursue those same lines of inquiry in some form," McNeill wrote.

Another term for those grand jury "insights" gleaned from our "contacts at the AG" -- leaks.
In a June 6, 2012 email, written a month before Freeh released his report on Penn State, Paw informed the other members of the Freeh Group about the feedback that Fina was getting from the grand jury.

"He [Fina] said that the feedback he received from jurors was that they wanted someone to take a 'fire hose' to Penn State and rinse away the bad that happened there. He [Fina] said that he still looked forward to a day when Baldwin would be ‘led away in cuffs,’ and he said that day was going to be near for Spanier.”

The cooperation between the Freeh Group and the AG's office continued to go both ways. On June 26, 2012, Gregory Paw told Fina that the Louie Freeh report would be out by the week of July 13th.
 
The facts support the hypothesis.
They do not.
That's how critical thinking works. You can debate the hypothesis and/or you can attempt to explain why the facts have issues, but you cannot just dismiss it as speculation.
But your narrative is not based on facts. It is speculation.
The jury's verdict is also speculation.
It is not.
See above.

You can argue about what having it's own special page means. The bottom line is that:

a) there is no mention on your "special page" of the word infractions, let alone what infractions were committed.
b) there are no infractions listed for PSU (not just football but any sport) in the database.

No matter how much you wish it was otherwise, these two things are true. PSU has NEVER been found guilty of any major NCAA infractions in any sport.
You can't have sanctions without infractions
Except we have a clear example of when there were sanctions (unfair and unjust) without infractions.
Your opinion. Not a fact.
 
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I don't think I ever claimed to be a hero. But I am definitely a scientist.
You are neither a hero nor a scientist. It is a lie.
Nothing fraudulent about me, which I've offered to prove many times and you've declined.
That too is a lie. When I asked for prove you reported me to the mods. You've offered no proof that cannot be independently verified.
 
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