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Unsealed Documents: Paterno Alerted to Sandusky Abuse in 1970s
Max Mitchell, The Legal Intelligencer
July 12, 2016
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Photo by Audrey, via Flickr
Recently unsealed documents show that several former Penn State football coaches either allegedly witnessed or heard reports of alleged abuse at the hands of convicted serial child molester Jerry Sandusky, but allegedly failed to report the abuse.
According to nearly 400 pages of deposition testimony, correspondences and motions released, former head coach Joe Paterno was told of the alleged abuse as early as 1976.
Former Penn State assistant football coach Jerry Sandusky at the Centre County Courthouse for a sentencing hearing in 2012 in Bellefonte, Pa.
AP Photo by Matt Rourke
The documents were unsealed early Tuesday morning in
Pennsylvania Manufacturer's Association Insurance v. Pennsylvania State University, which deals with an insurance dispute over whether PMA should provide coverage for Penn State's agreement to pay more than $90 million to settle claims related to the abuse by Sandusky. Philadelphia Court of Common Pleas Judge Gary Glazer released the documents after he made reference to the alleged abuse in an opinion he issued in May, which nixed most of Penn State's coverage.
According to the deposition testimony of John Doe 150, who alleged he was abused in the 1970s at age 14, Doe attempted to obtain a meeting with Paterno to inform him that Sandusky had digitally penetrated him in a shower. Paterno, according to Doe, was on his way to a meeting, so as they walked Doe told the football coach of the attack.
In the deposition, Doe indicated that after he told Paterno about the incident, Paterno said, "I don't want to hear about any of that kind of stuff, I have a football season to worry about."
Doe said Paterno walked away from him. Doe never spoke about the incident for another 20 years.
According to an expert report included in the documents, along with Paterno allegedly hearing about the incident in 1976, former assistant football coach Joseph Sarra allegedly witnessed abuse in 1987, former assistant coach Kevin O'Dea witnessed abuse in 1988, and abuse was reported to former athletic director Jim Tarman in 1988.
Sarra is deceased. O'Dea left the employ of the NFL's Tampa Bay Buccaneers at the end of the 2015 season, and the team could not supply further information on his current status. Media reports say O'Dea was not employed at Penn State until 1991. In 1988 he was listed as having been a graduate assistant at the University of Virginia.
In a statement to the press issued by King & Spalding attorney Wick Sollers, who represents the Paternos, the family said Paterno did "not engage in a cover up" of Sandusky's crimes, and that the release of information was another example of how the fallout from the Sandusky scandal has been mishandled.
"The materials released today relating to Joe Paterno allege a conversation that occurred decades ago where all parties except the accuser are now dead. In addition, there are numerous specific elements of the accusations that defy all logic and have never been subjected to even the most basic objective examination," the statement said. "That Penn State chose to settle claims without fully assessing the underlying facts is something that the university obviously felt they had to do to help resolve this matter. We understand their desire for closure, but it does not remotely validate the assertions about an uncorroborated conversation with Joe Paterno."
Although the allegations of abuse by dating back to the 1970s were first made in the insurance dispute, the claims quickly emerged as an issue in the defamation action that Paterno's family is pursuing against the National Collegiate Athletic Association over sanctions it imposed as a result of the Sandusky scandal.
According to court documents, the NCAA issued subpoenas seeking information about claims regarding incidents from 1971 and 1976, claiming that the evidence is potentially damaging to the Paternos' suit. The Paternos have challenged the subpoenas, arguing that if the judge decides to allow in the evidence, they must be given the ability to fully re-examine
the claims.
Attorney Slade McLaughlin of McLaughlin & Lauricella, who represents Doe 150, said he is hopeful the parties will soon come to an agreement to ensure that his client's identity will remain confidential.
"There's a lot of stuff out there saying John Doe 150 is a liar, and my client has really taken affront to that," McLaughlin said. "He's not afraid to say what he's going to say, but he just doesn't want to be a target."
Along with several depositions of alleged victims, the unsealed documents included depositions of former athletic director Tim Curley, former senior vice president of business and finance Gary Schultz and former graduate assistant Michael J. McQueary.
The testimony of Schultz and Curley, who are facing criminal charges for allegedly covering up Sandusky's abuse, consisted mainly of the two asserting their Fifth Amendment right against self-incrimination.
McQueary, who was a key witness in the criminal trial against Sandusky, testified that he witnessed Sandusky abuse a boy in a shower on Penn State's campus in 2001, and then reported the incident to several school officials, including Paterno, Schultz and Curley.
McQueary also said in the testimony that he reported the incident to former coach Tom Bradley, who now is a defensive coordinator at University of California, Los Angeles. According to McQueary's testimony, Bradley then told McQueary that he had heard of similar incidents involving Sandusky dating back to the 1980s, and that former coach Greg Schiano had previously come to Bradley's office to report seeing Sandusky abuse a boy in a shower. Schiano now coaches at Ohio State University.
A statement from attorney Brett Senior, who represents Bradley, said Bradley never witnessed inappropriate behavior, or knew about incidents from the '80s or '90s.
"Any assertions to the contrary are false," Senior said.
Although an expert opinion unsealed Tuesday said some of the settlement amounts were "extremely high," attorney Thomas R. Kline, who represented one of the alleged victims who settled claims with Penn State, said the unsealed documents showed that Penn State was very diligent in its handling of the claims. He added that the unsealed documents could lead to more litigation fallout, and may impact numerous cases already in progress, including a pending lawsuit from McQueary and the criminal proceedings against Schultz and Curley.
"The Penn State-Sandusky saga has never ceased to amaze me in its ability to grow tentacles," Kline said.
Steven J. Englemyer of Kleinbard LLC, who represents PMA, declined to comment. Penn State's and Ohio State's press office each did not return a message seeking comment.
Max Mitchell can be contacted at 215-557-2354 or mmitchell@alm.com. Follow him on Twitter @MMitchellTLI. •
