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FC: McQueary declares impasse with Penn State in lawsuit

Here's my understanding of the situation; terming his suit a whistle-blower suit is something of a misnomer. He's not claiming he was fired for blowing the whistle on Sandusky. He's claiming the terms of his contract were violated upon his termination and nothing about whistle-blowing...but that's your (on)crack PA reporting media for you. As I understand his claims against PSU are:
1. They took away his car prior to his termination (appears to be a violation of his contract)
2. they took away his cell phone prior to his termination (same)
3. they didn't allow him to interview with O'Brien for a new job (only assistant coach this applied to)
4. they appear to have violated COBRA rights.

What he's demanding:
1. Bonus for the bowl game against Houston. You'll recall that PSU suspended him essentially for his own safety, not over any purported misconduct, so he didn't coach at the bowl game. But he was technically still on the staff so he was still eligible for the bonus. They never gave it to him.
2. Reimbursement for the car and other guaranteed perks during the tenure of his contract.
3. Reimbursement for COBRA expenses during the gap in insurance coverage.
4. Compensation to cover any expenses for having to dip into his retirement account to make up for above shortfalls.

Is $4,000,000 a lot to ask for that? Probably, but that's par for personal damage lawsuits. That includes punitive damages as well as the above. After all, he has been reduced to sleeping in his own bedroom in his parent's hours, or last I had heard. It is my understanding that his case is very strong and will almost certainly go to settlement, otherwise PSU is probably going to get their asses handed to them.

just a couple of thoughts for clarification - the 4 million does not include punitive damages - In a lawsuit you are not allowed to specify punitive damages being sought - That is strictly up to a jury to decide. If MM were to be successful in the lawsuit what amount would the jury decide or consider to be punitive for an entity worth well over 10 billion dollars. Would PSU risk allowing a jury to go there. There is also an element of the suit that is in part a whistle blower suit. The lawsuit alleges that many of the actions PSU took (even the ones you mentioned) were intentional because he testified before the GJ. So while not a typical whistle blower suit it is alleged that MM was singled out and retaliated against for simply testifying truthfully before the Sandusky grand jury.
 
I have zero sympathy for MM....if he had called the police or kicked the crap out of Sandusky that night, we would not be in the position. Instead he goes and calls his Dad. What kind of man does that??? And before anyone responds that MM was just a kid...he was 28 years old...a grown man!!!! I hold a ton of blame with MM for everything.
Called the police, yes. Kicked the crap out of Sandusky, bad move. Having never been in this position, who knows for sure what they would or would not have done.
 
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I don't really understand why they suspended him without pay. There were only three games left and there was a 0% chance the next coach would keep him. Why take the risk of a lawsuit to save a few tens of thousands in salary? Now they are dealing with a four million dollar lawsuit. These people are really dumb.

Throughout this entire ordeal, PSU has treated two people differently than everyone else: Paterno and MM. Its bizarro world courtesy of the bot.
 
I have zero sympathy for MM....if he had called the police or kicked the crap out of Sandusky that night, we would not be in the position. Instead he goes and calls his Dad. What kind of man does that??? And before anyone responds that MM was just a kid...he was 28 years old...a grown man!!!! I hold a ton of blame with MM for everything.

The kind of person who does what he did is the kind of person who didn't see anything.
 
These are the same people that thought they didn't have to pay the remainder of Coach Paterno's contract after he was fired. When the Paterno's threatened legal action after Joe died they paid it all.
 
That was a lot of mixed metaphors


As long as when 1 of those shells is lifted there ends up to be a spiking of the ball after the Hail Mary leading to a sinking of the ship of fools-.........then mix all the metaphors you want! ;)
 
I just wish this process was playing out for everyone in the public to see -


I know. Why would the PA media be interested in this??? :rolleyes:

I did not realize MM wanted PSU to authenticate that those emails were accurate from their system and they refused to do that. That should be a major flag raised that you think any media person (even those at the CDT and Pennlive/ Patriot News) would be all over it. It's just amazing to me at the lack of interest or inquisitiveness of the media on this issue.
 
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I have zero sympathy for MM....if he had called the police or kicked the crap out of Sandusky that night, we would not be in the position. Instead he goes and calls his Dad. What kind of man does that??? And before anyone responds that MM was just a kid...he was 28 years old...a grown man!!!! I hold a ton of blame with MM for everything.


I don't have a great deal of sympathy for MM either, but his separation from PSU should have been handled like everyone else's.
 
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I don't have a great deal of sympathy for MM either, but his separation from PSU should have been handled like everyone else's.


It's funny because aren't the same lawyers who badly screwed up the handling of MM and Paterno's contracts the same lawyers currently giving PSU legal advice now? I can't believe they'd trust them after those episodes.
 
I don't have a great deal of sympathy for MM either, but his separation from PSU should have been handled like everyone else's.
Of course, it should have. But, I find it hard to believe it's simply because he testified.
 
It's funny because aren't the same lawyers who badly screwed up the handling of MM and Paterno's contracts the same lawyers currently giving PSU legal advice now? I can't believe they'd trust them after those episodes.

I doubt psu's lawyers are the real problem, and I'm not terribly impressed with them to begin with.
 
Curious that the Fools couldn't throw enough money at anyone who claimed to be a victim......yet wants to play hardball with MM? Could it be as petty as Mike's public respect for JVP? After all these are despicable people.
He didn't keep his mouth shut.

Not only did he talk to police, he came to Joe's defense.

McQeary himself shot down the narrative about what Joe was told.

They'd have gotten away with it if it wasn't for those meddling kids!
 
The University could not protect MM inside Beaver Stadium? I've been around a few LSU fans. I guarantee Les Miles has had scores of death threats over the years.
The decision makers on the BOT wanted this to be a football issue PERIOD. Keeping it there and building the firewall between the board and the president, protected them. The "we were kept in the dark and covered with manure" defense is absurd. If any trustee didn't read the Ganim Article in March or have it referenced to them, they should have been summarily dismissed. Can you imagine a local school board member claiming they didn't read an article in the local paper about an alleged child abuser employed in their district? Come on man!
 
My question is, are the exhibits above, ging to be at the center of what Lebrano and Lord will be reviewing?

I may be wrong, but It just seems that all of the various cases are starting to focus on the same pieces of evidence.

It sure seems that way, doesn't it?

It is starting to look like the rumors of doctored emails and documents may not be a rumor. No wonder the CSS cases are going nowhere.
 
Because the items in question seem to be the sum total of the "evidence" of Freeh's 8.5 million Magical Mystery Tour. Sprinkle in some interviews with the likes of a scorned former administrator and a few trustees who voted to "retire JVP 3 weeks early."
 
He didn't keep his mouth shut.

Not only did he talk to police, he came to Joe's defense.

McQeary himself shot down the narrative about what Joe was told.

They'd have gotten away with it if it wasn't for those meddling kids!
Since I have no idea, does anyone else know what this post is trying to say?
 
There were death threats. He wasn't suspended he was told not to coach as his safety could not be assured.

This is a joke, right? Coaches get death threats all the time. Joe got death threats and still coached. You're telling me MM couldn't be protected in a stadium where everyone has to pass through security? Arguing security isn't adequate is a losing proposition for the university. You're saying he couldn't be moved up into a locked and guarded coaches box? You're telling me he wasn't safe at a closed practice? You're telling me he wasn't safe at a bowl game? You're telling me he was safe at his publically available unguarded house that the university didn't offer to protect, but not on campus? On top of all of that, they didn't offer MM an offer to coach if he signed a waiver, and essentially blamed him for the threats by docking his pay, withholding bonuses he would have otherwise gotten without the bot's actions, etc. Stick every single bot member on the stand and let them argue the merits of the stadium's security and why they allow it to remain inadequate. Let them detail the uniqueness of the threats and why they couldn't protect someone when they're supposed to be protecting a small city. Let them explain the pay cuts. This is the most bizarre thing the university has done in this entire mess, and that's saying something.
 
Clear evidence that The Commonwealth/ BOT alliance decided to make this a PSU Football scandal. It was the only thing sensational enough to feed the beast (MSM) and divert attention from negligence and malfeasance (if not crime) of the allies.
 
This is a joke, right? Coaches get death threats all the time. Joe got death threats and still coached. You're telling me MM couldn't be protected in a stadium where everyone has to pass through security? Arguing security isn't adequate is a losing proposition for the university. You're saying he couldn't be moved up into a locked and guarded coaches box? You're telling me he wasn't safe at a closed practice? You're telling me he wasn't safe at a bowl game? You're telling me he was safe at his publically available unguarded house that the university didn't offer to protect, but not on campus? On top of all of that, they didn't offer MM an offer to coach if he signed a waiver, and essentially blamed him for the threats by docking his pay, withholding bonuses he would have otherwise gotten without the bot's actions, etc. Stick every single bot member on the stand and let them argue the merits of the stadium's security and why they allow it to remain inadequate. Let them detail the uniqueness of the threats and why they couldn't protect someone when they're supposed to be protecting a small city. Let them explain the pay cuts. This is the most bizarre thing the university has done in this entire mess, and that's saying something.

Seems you have forgotten what actually transpired Nov 2011. I guess you have moved on.
 
Seems you have forgotten what actually transpired Nov 2011. I guess you have moved on.

Lol, reporters and people were freely going up to MM's house to interview him. Seems someone has lost some brain cells.
 
Right now, as it relates to the topic at hand?

The game plan is that NOONE at PSU is going to go on record as verifying the authenticity of those e-mails. NOONE at PSU is going to be the guy to fall on that sword.

The Court ordered that they be turned over to McQueary's lawyers, and they did turn them over....after a lengthy, contentious, losing battle.

But, there is a big difference between complying with a discovery order from the Court - and being the guy who avers that the documents are legit.

Why not sign off? Why not state that "Yes, indeed, these are e-mails pulled off of the PSU e-mail systems", when it is such a simple, rubber-stamp process in the general course of most discovery activities?

I think it is pretty simple....they KNOW the e-mails are AT BEST very dubious with regard to their provenance, and quite possibly, they know they are altered/forged.
While I would love to agree with you is it not possible that PSU is simply making things as difficult as possible for him? In other words, failing to respond to a request to authenticate documents is different than failing to confirm they are authentic.
Further, if the plaintiff has the docs and there is a question as to their legitimacy, the plaintiffs will have experts who will either discredit them or confirm they are legit, right?
 
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While I would love to agree with you is it not possible that PSU is simply making things as difficult as possible for him? In other words, failing to respond to a request to authenticate documents is different than failing to confirm they are authentic.
Further, if the plaintiff has the docs and there is a question as to their legitimacy, the plaintiffs will have experts who will either discredit them or confirm they are legit, right?
No matter who the expert, how will they speak to chain of custody? Since Freeh says he discovered the emails, perhaps he should be deposed and get this all cleared up.
 
.....but changes his story as he goes.
"It was an impasse. We passed the point of no return."

Later....."We are rounding third base toward an impasse."

Then "if we don't get past first base, who knows someday we just might come to an impasse."

Hey....Mike is Mike!
 
Since I have no idea, does anyone else know what this post is trying to say?
It's a reply to a specific question.

Why didn't they just pay him (MM) off like everyone else?

Because he didn't keep his mouth shut. Not only did he talk to police, but he came to Joe's defense when the narrative of "they were told of rape" was accepted.

The last part is a joke. It's from Scooby Doo.
 
A question for our legal experts. If the documents in question are not authentic....what impact could this have on a JS appeal? TC and GS could not testify in his trial because they were indicted. If it is revealed that they were "framed" would that lead to a JS retrial? Another thought. Is The Commonwealth stalling on TC and GS2 to prevent their availability to testify in a potential appeal?
 
EsPN. Tom Osborne also said publicly that Nebraska was concerned.

You are insane if you think any security could protect Mmq that day.

Dude, don't be an idiot. Nobody shoots football coaches. Nobody. It has never happened.

And where do you think Tom Osborne got his information? The NSA? You've never heard anything on ESPN that was absolutely blatantly wrong? Everything that comes out of that network is unvetted bullshit.

You must be related to someone who works for the university. Someone who is a dumbshit.
 
A question for our legal experts. If the documents in question are not authentic....what impact could this have on a JS appeal? TC and GS could not testify in his trial because they were indicted. If it is revealed that they were "framed" would that lead to a JS retrial? Another thought. Is The Commonwealth stalling on TC and GS2 to prevent their availability to testify in a potential appeal?
IMHO I don't think the documents would help Sandusky at all. IIRC they were not used as evidence against him at his trial so their existence did not hurt him. Further, if they were fabricated I don't see how that impacts his guilt or innocence at all. Of course if they were not authentic it would blow the cases against the other three completely out of the water.
Follow up question though. It is fascinating to think that these e-mails could have been altered. My question is, who would do this and why? I guess the why is easy, it bolsters the narrative that this was all about the football program. But who? I look at it this way - as stated above these emails were not even used in Sandusky's trial and likely would not even have been admissible as evidence as they really have nothing to do with the allegations against JS. They just speak to what the admins may have been aware of. So I don't see any scenario in which anyone attached to the prosecution would have any motive to alter the emails. If that conclusion is accurate, then it would be someone on the inside; again, who? As much as I hate to give Freeh a pass, I also don't see any reason or motive for him and his crew to fabricate the e-mails. They were getting their money no matter what. Heck, they could have written a 2 page report exonerating the football program and still would get the same fee. So why take such a ridiculous and reckless action?
So wouldn't it have to be someone inside PSU? And if so, wouldn't it have to be someone with some computer expertise? Just curious what others think about this.
 
IMHO I don't think the documents would help Sandusky at all. IIRC they were not used as evidence against him at his trial so their existence did not hurt him. Further, if they were fabricated I don't see how that impacts his guilt or innocence at all. Of course if they were not authentic it would blow the cases against the other three completely out of the water.
Follow up question though. It is fascinating to think that these e-mails could have been altered. My question is, who would do this and why? I guess the why is easy, it bolsters the narrative that this was all about the football program. But who? I look at it this way - as stated above these emails were not even used in Sandusky's trial and likely would not even have been admissible as evidence as they really have nothing to do with the allegations against JS. They just speak to what the admins may have been aware of. So I don't see any scenario in which anyone attached to the prosecution would have any motive to alter the emails. If that conclusion is accurate, then it would be someone on the inside; again, who? As much as I hate to give Freeh a pass, I also don't see any reason or motive for him and his crew to fabricate the e-mails. They were getting their money no matter what. Heck, they could have written a 2 page report exonerating the football program and still would get the same fee. So why take such a ridiculous and reckless action?
So wouldn't it have to be someone inside PSU? And if so, wouldn't it have to be someone with some computer expertise? Just curious what others think about this.

I didn't mean to infer that the documents if doctored would exonerate JS. I did wonder however, if it might help get him another trial.....as the accusations against TC and GS kept them from testifying and possibly refuting MM's testimony.
 
EsPN. Tom Osborne also said publicly that Nebraska was concerned.

You are insane if you think any security could protect Mmq that day.

That's just dumb, and completely wrong. Oh, and Tom showed up to the stadium with his team he was so concerned. Seriously, where have all the good trolls gone? Its like we're left with the terminally dumb and unwitty ones.
 
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IMHO I don't think the documents would help Sandusky at all. IIRC they were not used as evidence against him at his trial so their existence did not hurt him. Further, if they were fabricated I don't see how that impacts his guilt or innocence at all. Of course if they were not authentic it would blow the cases against the other three completely out of the water.
Follow up question though. It is fascinating to think that these e-mails could have been altered. My question is, who would do this and why? I guess the why is easy, it bolsters the narrative that this was all about the football program. But who? I look at it this way - as stated above these emails were not even used in Sandusky's trial and likely would not even have been admissible as evidence as they really have nothing to do with the allegations against JS. They just speak to what the admins may have been aware of. So I don't see any scenario in which anyone attached to the prosecution would have any motive to alter the emails. If that conclusion is accurate, then it would be someone on the inside; again, who? As much as I hate to give Freeh a pass, I also don't see any reason or motive for him and his crew to fabricate the e-mails. They were getting their money no matter what. Heck, they could have written a 2 page report exonerating the football program and still would get the same fee. So why take such a ridiculous and reckless action?
So wouldn't it have to be someone inside PSU? And if so, wouldn't it have to be someone with some computer expertise? Just curious what others think about this.

Some very good points Julius. But as I recall it is basically the same prosecutors who went after CSS, so hard to exonerate them. I agree that Freeh seems the least likely to have done it (if they indeed were altered) but he and his team were also the most likely to recognize the poor job that was done. I guess his attitude was ...okey dokey if you say these are legit, works for me, oh and here are the wire instructions for the $8.5 million...

Still something is very fishy about the emails.
 
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