More hush money will be paid...

[jansmuts]

The BoT will do anything to hide the truth here. The f'ers are waiting for Sue to pass on, and it's a disgrace. Never in the history of CFB has so much bullshit been slung around, and started by a University's own trustees.

I wish them hell and privation, for eternity.

 

[PSU Mike]

I am not advocating a settlement, but if McCreary is willing to settle within PSU's self insured retention and PSU goes to trial, Penn State could be on the hook for the entire judgement if it exceeds the self insured retention. Example: say the self insured retention is $1 million. McCreary makes a demand of $750,000. Penn State refuses and goes to trial. If a verdict comes in at $2 million PSU could have to pay the entire $2 million, with no payment by insurance because they had the opportunity to settle within the self insured retention. It all depends on how strong a case Penn State thinks they have and how reasonable McCreary's attorneys are with there negotiations.

That seems like a bizarre, suboptimal contract. If the insurer is willing to pay the $750k in your example, why wouldn't they advocate PSU rolling the dice on a {$0/$2MM} game as long as PSU agrees to pay the excess $1.25MM if they lose?

I recognize that the legal fees are higher under a trial scenario, but even once they're factored in this contract seems "off." Is it that the legal fees of the trial could push them over $750k even if they win?

 

[Lion78]

That seems like a bizarre, suboptimal contract. If the insurer is willing to pay the $750k in your example, why wouldn't they advocate PSU rolling the dice on a {$0/$2MM} game as long as PSU agrees to pay the excess $1.25MM if they lose?

I recognize that the legal fees are higher under a trial scenario, but even once they're factored in this contract seems "off." Is it that the legal fees of the trial could push them over $750k even if they win?

If I understand the example, PSU pays the 750K given the 1M retention it has in its policy if they settle. The insurance company would pick up anything over the 1M retention, but wouldn't in the example, because PSU had a chance to settle.

 

[BobPSU92]

Hahahahahahaha!!!! Good one Bob ... thanks for the laugh this morning!

I'm sure McQueary plans to give any money resulting from this lawsuit to charity. He's much like Sue, you know, because he is only interested in the truth.

 

[mn78psu83]

I'm sure McQueary plans to give any money resulting from this lawsuit to charity. He's much like Sue, you know, because he is only interested in the truth.

You always look on the bright side of life.

 

[BobPSU92]

You always look on the bright side of life.

I'm nothing if not a realist.

 

[baircub1!]

Many have judged MM for what he did and didn't do. I'm not one. If he gets a great settlement, good for him and his attorneys. If not, that would be a bit upsetting as I think forward to his life.

In the end, I'm just glad I'm not MM. I can't even begin to think what life is like "in his shoes".

He could relocate, but like "Cheers", everyone knows his name.

I just don't feel the same...he ultimately told the Grand Jury that he " witnessed" Sandusky " raping" a child ( correct , yes?)... And then just went home...

Regardless of what the DA did or threatened Mike with...when the narrative all turned on Paterno...Mike never came out.... To my knowledge and said " Hey... That's BS... Joe was not at fault here... You have it all wrong IMO "

 

[njlion73]

If I understand the example, PSU pays the 750K given the 1M retention it has in its policy if they settle. The insurance company would pick up anything over the 1M retention, but wouldn't in the example, because PSU had a chance to settle.

Correct. If there is a settlement demand from McQuery's side within the retention, you can be your last $ the carrier has advised PSU they better settle or the carrier will file suit against PSU to be responsible for any judgement over the Retention. That doesn't mean the carrier will win the argument, but PSU will then have to prove in court the case wasn't worth the amount they could have settled for. That is a difficult argument to make, at times, when there is a verdict above the SIR.

I have no idea what the SIR is and I seriously doubt McQueary will have a demand within the SIR, so this is likely moot point.

 

[njlion73]

That seems like a bizarre, suboptimal contract. If the insurer is willing to pay the $750k in your example, why wouldn't they advocate PSU rolling the dice on a {$0/$2MM} game as long as PSU agrees to pay the excess $1.25MM if they lose?

I recognize that the legal fees are higher under a trial scenario, but even once they're factored in this contract seems "off." Is it that the legal fees of the trial could push them over $750k even if they win?

In the example, the insurer would pay nothing. McQueary would have to make a demand within the SIR. If Penn State has the opportunity to settle within the SIR the insurer is going to tell PSU the must settle or the insurer will file suit against PSU to be responsible for any amount over the SIR.

To bring the example closer to home, if you have $100,000 coverage on your liability portion of your car insurance. You cause a serious accident. The insurance company could settle for $75,000 but don't. They go to trial and there is a verdict for $500,000. You are on the hook for $400,000. You would sue your insurance company based on an excess judgement that they could have avoided by settling the claim.

 

[pandaczar12]

Actually, you are probably correct. However, no matter where he goes, he will have to carry the burden of his words/actions/inaction with him forever. No place in the world will grant him respite from that.

He either witnessed a child being abused and did nothing, or witnessed JoePa being unnecessarily thrown under the bus and did nothing. Maybe I'm missing something, but I see no other option. As they say, it's never too late to do the right thing.

 

[Still in State College]

Anyone hoping for more information from this case is probably looking at from the wrong angle. This is about PSU's treatment of MM post GJ presentment. I don't think anything is going to hinge on the facts of what happened in the locker room only about how PSU handled MM moving forward.

It is nice to think there is going to be information come out but it isn't going to happen in this suit.

 

[PSU Mike]

In the example, the insurer would pay nothing. McQueary would have to make a demand within the SIR. If Penn State has the opportunity to settle within the SIR the insurer is going to tell PSU the must settle or the insurer will file suit against PSU to be responsible for any amount over the SIR.

To bring the example closer to home, if you have $100,000 coverage on your liability portion of your car insurance. You cause a serious accident. The insurance company could settle for $75,000 but don't. They go to trial and there is a verdict for $500,000. You are on the hook for $400,000. You would sue your insurance company based on an excess judgement that they could have avoided by settling the claim.

Not trying to be difficult here - just not following. Is the $1MM in your original case a coverage limit, a deductible, or neither?

 

[joeparules]

I'm sure McQueary plans to give any money resulting from this lawsuit to charity. He's much like Sue, you know, because he is only interested in the truth.

STOP IT!! STOP IT!! I'm peeing my pants!!!

 

[Nittany Ziggy]

Not trying to be difficult here - just not following. Is the $1MM in your original case a coverage limit, a deductible, or neither?

Please flush the hypothetical example down the toilet. Idle speculation on this example is worthless.

 

[PSU Mike]

Please flush the hypothetical example down the toilet. Idle speculation on this example is worthless.

Go play guitar -- lol! I'm more curious in a general sense, not in the context of this case...

 

[Nellie R]

I just don't feel the same...he ultimately told the Grand Jury that he " witnessed" Sandusky " raping" a child ( correct , yes?)... And then just went home...

Regardless of what the DA did or threatened Mike with...when the narrative all turned on Paterno...Mike never came out.... To my knowledge and said " Hey... That's BS... Joe was not at fault here... You have it all wrong IMO "

It's just downright irresponsible to say things like this. Why do people do that?

FACT: MMQ contacted the prosecution when the GJP lie was published to protest. In effect he was thrown under the bus by either Linda Kelly or Frank Fina (IIRC she wrote it but it may have been "massaged" by Fina) AND he was thrown under the bus by PSU.

Go back and read the testimony, for goodness sakes! Just because you're mad about the whole situation, does not give you the right to make up sh*t.

 

[Nellie R]

Anyone hoping for more information from this case is probably looking at from the wrong angle. This is about PSU's treatment of MM post GJ presentment. I don't think anything is going to hinge on the facts of what happened in the locker room only about how PSU handled MM moving forward.

It is nice to think there is going to be information come out but it isn't going to happen in this suit.

It will only come up if it goes to trial. Someone would find a way to bring it up during the mudslinging-fest. But I doubt it will get that far.

 

[Nellie R]

Let's hope, once settled he can speak publicly. But as the OP originally suggested, he's probably going to get a larger settlement if he agrees to a strict confidentiality arrangement.

If he's Patty Crawford material he WILL fight to have a right to speak. If he has an incompetent attorney or wusses out, then and only then will I feel justified in being harsh on MMQ.

Remember, he's just about the only one here that has to self-fund their attorney (operating on contingency fee of course) but he will pay them as much as 33%. He's fighting from a position of bankruptcy with no benefactor to bankroll him.

PSU is covering anyone and everyone, practically. #RainyDay

The Paternos are another self- funding , but at least they have some means.

Spanier is also getting assistance.


I don't think ANYONE in this saga has suffered financially more than MMQ.

 

[Nellie R]

Many have judged MM for what he did and didn't do. I'm not one. If he gets a great settlement, good for him and his attorneys. If not, that would be a bit upsetting as I think forward to his life.

In the end, I'm just glad I'm not MM. I can't even begin to think what life is like "in his shoes".

He could relocate, but like "Cheers", everyone knows his name.

I will admit I did at first. There are an awful lot of people around here (not naming names), that don't practice walking in another person's shoes enough...

 

[Aoshiro]

It's just downright irresponsible to say things like this. Why do people do that?

FACT: MMQ contacted the prosecution when the GJP lie was published to protest. In effect he was thrown under the bus by either Linda Kelly or Frank Fina (IIRC she wrote it but it may have been "massaged" by Fina) AND he was thrown under the bus by PSU.

Go back and read the testimony, for goodness sakes! Just because you're mad about the whole situation, does not give you the right to make up sh*t.

I suggest that you go back and read testimony yourself. In the C/S prelim Mike testifies that he is certain that he conveyed to them (C/S) that he had witnessed a sexual assault. There's no getting around that. It's the basis for the charges against C/S.

So either 1) Mike witnessed a child being sexually assaulted and he went home without helping the kid or 2) in 2009-11 he lied about what he told C/S in 2001 and those lies cost PSU a bucketload of money. Pick one.

 

[BBHorn86]

Some day the truth will come out, and Mike will wish that he was the one who brought it. I hope he realizes that, but I am not hopeful.

???? I don't get your comment.

 

[BBHorn86]

Some day the truth will come out, and Mike will wish that he was the one who brought it. I hope he realizes that, but I am not hopeful.

???? I don't get your comment.

 

[Nellie R]

I suggest that you go back and read testimony yourself. In the C/S prelim Mike testifies that he is certain that he conveyed to them (C/S) that he had witnessed a sexual assault. There's no getting around that. It's the basis for the charges against C/S.

So either 1) Mike witnessed a child being sexually assaulted and he went home without helping the kid or 2) in 2009-11 he lied about what he told C/S in 2001 and those lies cost PSU a bucketload of money. Pick one.

I suggest you get off your high horse. (No I will never forget your harpy "FFS hysterical woman" name-calling bullsh*t screed when I was trying to explain the harassment situation I am undergoing). And they tell me you are actually a woman, which makes that unnecessary outburst even more egregious IMHO.

Any time you wish to apologize for that, I'll treat your posts differently.

You're playing fast and loose with definitions. He never said RAPE. He complained immediately to the OAG about putting that word in the GJ presentment.

"Sexual assault" is a generic term and everyone has a different interpretation of what exactly it means. To him it could have meant being too close to a kid in a shower.

Obviously he did NOT "convey" anything of alarm to at least 5 people, whether he thought ten years later he did or not.

That is the crux of the entire situation. People not being able to accurately describe things, the terms they are using and the terms the attorneys use to "win" and back them into a corner with.

 

[WeR0206]

It's just downright irresponsible to say things like this. Why do people do that?

FACT: MMQ contacted the prosecution when the GJP lie was published to protest. In effect he was thrown under the bus by either Linda Kelly or Frank Fina (IIRC she wrote it but it may have been "massaged" by Fina) AND he was thrown under the bus by PSU.

Go back and read the testimony, for goodness sakes! Just because you're mad about the whole situation, does not give you the right to make up sh*t.

MM sending a private email to the OAG complaining about them mischaracterizing his GJ testimony isn't sufficient enough for me re: him trying to correct the record when you consider the massive damage done to PSU/Joe via the GJP . He never had a press conference, never wrote an op-ed, etc. to shine light on the FACT that he never witnessed any sex act, molestation, etc.since he couldn't see anyone's hands/privates but he was weirded out by the circumstances.

In the 12/16/11 prelim MM admits he wasn't 100% sure sex was occurring and could only speculate that because he couldn't see any privates but he was still 99.9999% sure that a kid was getting raped/molested based on the sounds/positioning he observed and reported it as such to the admins. I find that incredibly hard to believe especially when you consider not one single person he told had him call the police and file a report (or place an anonymous call to ChildLine-an option Dranov would certainly have been aware of).

 

[Nellie R]

MM sending a private email to the OAG complaining about them mischaracterizing his GJ testimony isn't sufficient enough for me re: him trying to correct the record when you consider the massive damage done to PSU/Joe via the GJP . He never had a press conference, never wrote an op-ed, etc. to shine light on the FACT that he never witnessed any sex act, molestation, etc.since he couldn't see anyone's hands/privates but he was weirded out by the circumstances.

In the 12/16/11 prelim MM admits he wasn't 100% sure sex was occurring and could only speculate that because he couldn't see any privates but he was still 99.9999% sure that a kid was getting raped/molested based on the sounds/positioning he observed and reported it as such to the admins. I find that incredibly hard to believe especially when you consider not one single person he told had him call the police and file a report (or place an anonymous call to ChildLine-an option Dranov would certainly have been aware of).

People planning on filing lawsuits against their employer do not hold "press-conferences" and write op-eds. You want this person to be Superman. He's not that bright and I would assume was acting on advice.

Every time he did try to speak he was skewered.

Just like all the Paterno haters want Paterno to be Superman.

I just don't get it. All the hate and people still can't see both sides.

 

[njlion73]

Not trying to be difficult here - just not following. Is the $1MM in your original case a coverage limit, a deductible, or neither?

Neither. In the original case the $1 million is the Self Insured Retention. That is the amount PSU would need to pay for a settlement before the insurance coverage kicks in. If the case goes to trial and there is a verdict of $1.5 million, and there is a $1 million self insured retention, PSU would pay the first $1MM and the insurer would pay the balance or $500,000. Sorry if I wasn't clear.

 

[baircub1!]

I suggest you get off your high horse. (No I will never forget your harpy "FFS hysterical woman" name-calling bullsh*t screed when I was trying to explain the harassment situation I am undergoing).

Any time you wish to apologize for that, I'll treat your posts differently.

You're playing fast and loose with definitions. He never said RAPE. He complained immediately to the OAG about putting that word in the GJ presentment.

"Sexual assault" is a generic term and everyone has a different interpretation of what exactly it means. To him it could have meant being too close to a kid in a shower.

Obviously he did NOT "convey" anything of alarm to at least 5 people, whether he thought ten years later he did or not.

That is the crux of the entire situation. People not being able to accurately describe things, the terms they are using and the terms the attorneys use to "win" and back them into a corner with.

Witnessed a Rape... Saw a Sexual Assault... Was uncomfortable...Whatever ...he walked away...period.

And felt it was bad enough what he witnessed that he brought his Dad and Dranov together to talk to them.

So...I'm sorry. I can't get around the fact that he did not even say... " Hey... What are you guys doing? What's going ?" Even an innocent come tot let them know he has seen them... And is wondering WTF is going on... Even if it may be " horseplay" with a naked man and boy at night in the shower...?????

He slammed his locker and left...that's it.

 

[WeR0206]

People planning on filing lawsuits against their employer do not hold "press-conferences" and write op-eds. You want this person to be Superman. He's not that bright and I would assume was acting on advice.

Every time he did try to speak he was skewered.

Just like all the Paterno haters want Paterno to be Superman.

I just don't get it.

Are you saying he was too dumb to realize him playing revisionist history in 2010 was going to throw all the people who knew about 2001 under the bus and cause massive damage to PSU?

Pretty sure MM didn't file a lawsuit until well into 2012... after OB was hired and he knew for sure he was done at PSU and after PSU reneged on a lot of his contract similar to how they did with JayPa. MM had plenty of time in 2011 after the crap hit the fan to correct the record PUBLICLY and he never did, all while he watched Joe/PSU football/and the entire PSU community get torched based on his B.S. revisionist history testimony and statement to OAG.

When exactly did MM "try to speak"?? That's news to me.

No one is asking MM to be superman, only tell the truth, correct the record, and not play revisionist history 10 years later.

 

[Nellie R]

Witnessed a Rape... Saw a Sexual Assault... Was uncomfortable...Whatever ...he walked away...period.

And felt it was bad enough what he witnessed that he brought his Dad and Dranov together to talk to them.

So...I'm sorry. I can't get around the fact that he did not even say... " Hey... What are you guys doing? What's going ?" Even an innocent come tot let them know he has seen them... And is wondering WTF is going on... Even if it may be " horseplay" with a naked man and boy at night in the shower...?????

He slammed his locker and left...that's it.

 

[Nellie R]

Are you saying he was too dumb to realize him playing revisionist history in 2010 was going to throw all the people who knew about 2001 under the bus and cause massive damage to PSU?

Pretty sure MM didn't file a lawsuit until well into 2012... after OB was hired and he knew for sure he was done at PSU and after PSU reneged on a lot of his contract similar to how they did with JayPa. MM had plenty of time in 2011 after the crap hit the fan to correct the record PUBLICLY and he never did, all while he watched Joe/PSU football/and the entire PSU community get torched based on his B.S. revisionist history testimony and statement to OAG.

When exactly did MM "try to speak"?? That's news to me.

No one is asking MM to be superman, only tell the truth, correct the record, and not play revisionist history 10 years later.

When you are a witness caught in the middle of a situation EXACTLY like this and being skewered from every side, I'd like to see you step out there before everything is over and "tell the truth" as you say. Your lawyer would tell you you're nuts.

My post was about Baircub being sort of a jerk. You and Aoshiro can nitpick my statements all you want to obscure that point. I'm not going to play the misdirect game.

 

[Nellie R]

Witnessed a Rape... Saw a Sexual Assault... Was uncomfortable...Whatever ...he walked away...period.

And felt it was bad enough what he witnessed that he brought his Dad and Dranov together to talk to them.

So...I'm sorry. I can't get around the fact that he did not even say... " Hey... What are you guys doing? What's going ?" Even an innocent come tot let them know he has seen them... And is wondering WTF is going on... Even if it may be " horseplay" with a naked man and boy at night in the shower...?????

He slammed his locker and left...that's it.

 

[WeR0206]

When you are a witness caught in the middle of a situation EXACTLY like this and being skewered from every side, I'd like to see you step out there and "tell the truth" as you say. Your lawyer would tell you you're nuts.

My post was about Baircub being sort of a jerk. You and Aoshiro can nitpick my statements all you want to obscure that point. I'm not going to play the misdirect game.

Nellie I think you are a fine poster and I'm not trying to play any game, just trying to better understand where you are coming from.

IMO MM has only himself to thank for the situation he currently finds himself in. The OAG scumbags didn't help, but he needs to take some responsibility for how/why the OAG was able to use his testimony to drag PSU into this whole mess. Without MM's 2010 statement that he was "certain sodomy was occurring" and reported it as such, the OAG had no way to bring in PSU since the 1998 incident was fully investigated and the janitor story was never even reported up the chain. MM's statement and GJ testimony gave the OAG the exact type of ammo they needed.

If he would have just told the truth - that in 2001 he wasn't really sure what they were doing but the shower was inappropriate and made him uncomfortable, who knows where we'd be right now. The OAG still probably would have tried to twist his testimony around and pull in PSU but it would have been much much more difficult since there'd be no disparity between MM's version and CSS's version.

 

[Psychedelic_MackDaddy]

Many have judged MM for what he did and didn't do. I'm not one. If he gets a great settlement, good for him and his attorneys. If not, that would be a bit upsetting as I think forward to his life.

In the end, I'm just glad I'm not MM. I can't even begin to think what life is like "in his shoes".

He could relocate, but like "Cheers", everyone knows his name.

True, everyone knows his name. But, who would recognize him? He's so non descrip he blends easily in a crowd.

 

[mn78psu83]

True, everyone knows his name. But, who would recognize him? He's so non descrip he blends easily in a crowd.

 

[wensilver]

O/T slightly - I was speaking with my horse vet this morning (who is a PSU grad) - he admits he hasn't the time to follow this story, knows that I do and asked me about Joe and what to believe.

I took him back to the OAG under Tom Corbett and this being a political assassination on Dr. Spanier gone wrong - and the farm blew up - with Joe, Mike and others as collateral damage. Which, when following the lines of logic I laid out made a helluva lot more sense to him. But I digress.

So in discussing the "slapping sounds" and how that morphed into "rape in a shower" - it got me to thinking about Courtney researching "child abuse". If Jerry was slap-boxing with this kid, and bruises or marks showed up - and a parent wanted to escalate that with the University - it could/would be a physical abuse charge.

It makes sense with all of these men speaking of "horseplay", that possibly spilling over into a physical abuse complaint and how "vulnerable down the road" they might be for "not reporting". These guys never considered it to be sexual, because that was the last thing they would ever have expected from Jerry.

The idea of sexual abuse was never even in their solar system.

Physical abuse - now that could've been a possibility. Not as radioactive as sexual abuse, so I suspect Frank "Fap" Fina, and possibly that strange cat Patrick Blessington who came up from working the Phila Archdiocese case, had something to do with escalating it to such.

 

[Aoshiro]

I'm not going to play the misdirect game.

That is EXACTLY what you are doing.
Here is McQueary's testimony: http://old.post-gazette.com/downloads/20111223transcript.pdf

"I believed Jerry was sexually molesting him and having some kind of intercourse with him."

If that is actually what McQueary thought that night in 2001 then it is inexcusable that he left Lasch without intervening. INEXCUSABLE.
If McQueary committed perjury in 2011, then that is also INEXCUSABLE.

Any way you slice it, Mike is no hero.

 

[21Guns]

When do Curley, Spanier and Schultz take the stand again?

Five years, no end in sight.

 

[lionlurker]

When you are a witness caught in the middle of a situation EXACTLY like this and being skewered from every side, I'd like to see you step out there before everything is over and "tell the truth" as you say. Your lawyer would tell you you're nuts.

My post was about Baircub being sort of a jerk. You and Aoshiro can nitpick my statements all you want to obscure that point. I'm not going to play the misdirect game.

At the end of it all, this mess is as much about MM as it is about anybody else except JS. And JS didn't bring the university down as much as MM did, by virtue of what he said/didn't say or did/didn't do. Millions upon millions of dollars have been spent, and thousands of lives have been affected because of that fateful night in Lasch, when MM decided he needed to put sneakers into his locker late on a Friday night.

Only MM knows the truth, and everybody involves deserves it. If he comes clean and tells the entire story, no matter what he says he will still end up on higher ground than he will if stays silent forever. He owes the truth to the Paterno's, to the university, to his family, and to himself. I cannot imagine a scenario where he lives out the rest of his life peacefully if he doesn't come clean eventually.

 

[christoph]

He has no case! The coaching staff turned over so he was not retained. That's all. He wasn't going to get another high paying recruiting coordinator job and live in a 600+ K house no matter what. Don't pay him

 

[bjf1991]

Obviously - a whole lot of hurdles here - - - a whole lot yet to be determined - - - but that doesn't stop rampant speculation based upon a lot of "what ifs"


WRT THIS case:

No one knows whether there will be a trial or not.
Obviously, the decision point is rapidly approaching (Oct 17 scheduled start date)......so we will all know soon enough

Up until then, or even after the commencement of a trial, any type of "settlement" COULD be reached.......and if so, we have no way of knowing whether such a settlement will be illuminating - or covered under some layer of "confidentiality" (though "confidentiality" has been the order of the day in EVERYTHING related to this fiasco to date)


I think many of us do hope things proceed to trial - - - if for no other reason than to get some folks on the witness stand - and answering some questions.
IF that happens.....there are still a million and one ways things could proceed.


My natural "cynicism" prevents me from expecting too much......but my "optimism" keeps me hoping for the best

I have a tough time putting together the connections that would allow this trial to proceed down a road that would yield a whole lot of enlightenment on several of the issues with which I am most involved: Namely, shit like the BOT corruption, the whole OAG/Corbett/Fina etc fiasco, and so forth.........but maybe a few doors will be opened.

A lot of that will be determined by how much latitude is given by the Judge......and exactly what arguments will be made by both sides.......stuff we have no way of knowing right now.
The fact that CS remain in "5th Amendment Limbo" - since their court cases remain in perma-frost - really seems to place a gigantic boulder in the way of trying to venture into the "Belly of the Beast".......how does this trial, with regard to opening some of those doors, get past that impediment...without even being able to place those two on the stand? IDK - - - - just another reason that the CSS fiasco has been so destructive.

Past history would indicate that we will not see much of anything wrt answers to the issues I listed above......but, wasn't it Gretzky who said "You miss all the shots you don't take", so any shot is better than no shot.