you ever wonder why ANYONE who has ever worked with Yonchuk no longer speaks to him?
You should go back and check your sources.
you ever wonder why ANYONE who has ever worked with Yonchuk no longer speaks to him?
So, if you were in TC or Schultz's shoes and you knew the MAJORITY of the jury pool in Daulphin county wanted to see you punished even if you committed no crimes..... and were facing multiple charges, one of which was a felony, and the OAG offered a sweat heart deal that involved one misdemeanor, you wouldn't even consider it?? Really? I find that hard to believe.
Have you never heard of risk analysis? That's pretty much what C/S had to take into consideration when making their decision.
On the contrary. C&S performed a risk analysis given the information provided to them in 2001. What you seem to overlook is the fact that the actual information for that risk analysis is far different than what is known today.The irony of CSS now doing "risk analysis" is clearly lost on some.
On the contrary. C&S performed a risk analysis given the information provided to them in 2001. What you seem to overlook is the fact that the actual information for that risk analysis is far different than what is known today.
So as I have previously stated there are plenty of kinky things on the netz that I don't know the names for, but it doesn't mean those kinky things don't exist. Which is it in this case? Only Joe knows at this point.
Yes, and we have previously pointed out how irrelevant and stupid this point is... which you not surprisingly avoided responding to like the plague.
Yes it's a stupid irrelevant point, one that Joe made.
"He was very upset and I said why, and he was very reluctant to get into it. He told me what he saw, and I said, what? He said it, well, looked like inappropriate, or fondling, I’m not quite sure exactly how he put it. I said you did what you had to do. It’s my job now to figure out what we want to do." - Joe Paterno
"You know, he didn’t want to get specific, and to be frank with you I don’t know that it would have done any good, because I never heard of, of, rape and a man." - Joe Paterno
Joe's generation was not familiar with man rape or anal sodomy. It's not something they even knew existedYes it's a stupid irrelevant point, one that Joe made.
"He was very upset and I said why, and he was very reluctant to get into it. He told me what he saw, and I said, what? He said it, well, looked like inappropriate, or fondling, I’m not quite sure exactly how he put it. I said you did what you had to do. It’s my job now to figure out what we want to do." - Joe Paterno
"You know, he didn’t want to get specific, and to be frank with you I don’t know that it would have done any good, because I never heard of, of, rape and a man." - Joe Paterno
Joe's generation was not familiar with man rape or anal sodomy. It's not something they even knew existed
Just because he didn't see insertion it doesn't make the charge malicious prosecution.Ummm, you said:
And it's insanely more important than just "doesn't add up", it means that 100% of the Indictments that the corrupt PA OAG brought relative to the incident based on the Presentment they used as Probable Cause (and the "particulars" on the Perjury Charges), including 100% of the double-digit Felony charges against C/S/S, were provably Fraudulent in nature - IMPOSSIBLE TO PROVE BY THE STATE (let alone "beyond any reasonable doubt") AS THEY ARE FALSE CLAIMS AND PROVEN FALSE by none other than the "supposed State-claimed eyewitness" himself via his own sworn testimony to the SWIGJ and at-trial IRREFUTABLY proving the diametric opposite - that he WAS NOT AN EYEWITNESS (including never having an "eyewitness" of any kind to their criminal claims in the Indictments - despite saying this is what they would produce at-trial in all of their Indictments' Probable Cause). IOW, it unquestionably amounts to the "Malicious Prosecution" of C/S/S and PSU in general.
Beyond that, you completely ignore the fact that both John McQueary and Dr. Dranov unequivocally discredit the corrupt PA OAG's claim in their Indictments that MM went to them while the incident was in-progress (JM twice) and told them he saw criminal sexual assault of any kind, let alone the anal-rape of a 10 year old - they BOTH unequivocally state that Mike NEVER said anything about a clearly criminal sexual assault, let alone the anal-rape of a 10 year old boy. In fact, they have both testified that the entire purpose of the meeting at the McQueary family-house WHILE THE INCIDENT WAS STILL IN-PROGRESS was to discuss the proper-handling of the incident. Based on Mike's direct input, all parties agreed that it was unnecessary to call Police/911 and Mike should make an AFTER THE FACT HR Report of the Incident to his employer via his direct work supervisor.
You also blithely ignore the fact that when MM made the statement about insertion, it meant that MM, by his own admission, did not "see" or "eyewitness" what the corrupt PA OAG claimed in their provably fraudulent Indictments/Presentment and that he had only ever "conjectured" on the topic. He also provably made similar statements to the "30th SWIGJ" via the record that he was not the "eyewitness" the OAG subsequently claimed in their INDICTMENTS and the Indictment Producing Presentment used as "Probable Cause" on the Indictments that MM did see and eyewitness anal-rape that night?!?! The State fabricating evidence that is provably FALSE in a Presentment and its accompanying Indictments, when that supposedly "Direct Evidence" is nothing of the kind and amounts to 100% of the Probable Cause used on those specific double-digit Indictments...that's not only severe Prosecutorial Misconduct, but clear Malicious Prosecution.
Lastly MM, at the "30th SWIGJ" not only provably told the corrupt PA OAG that he didn't see or eyewitness the sexual assault the OAG ultimately claimed in the "33rd SWIGJ Presentment", but also said he only ever conjectured on the topic of what might have been going on with parties he spoke to,. He also only said he was "relatively certain" of his conjecture when the corrupt PA OAG asked him to rate it! This is an admission by MM himself that he could have been wrong about his conjecture and the body positioning he saw could have been accounted for by other things like the "horsing-around 1998 bear-hug" in the shower that The State had labeled as harmless in their Final & Closing Report. IOW, just proving MM didn't see or eyewitness what The State claimed and they had no other witnesses raises a significant doubt.
But given all this, you have no problem with the corrupt PA OAG prosecuting 3 individuals with provably false, fabricated and illegitimate evidence???
On the contrary. C&S performed a risk analysis given the information provided to them in 2001. What you seem to overlook is the fact that the actual information for that risk analysis is far different than what is known today.
Just because he didn't see insertion it doesn't make the charge malicious prosecution.
Sorry I didn't read much beyond your first paragraph. The overwhelming redundancy of capitalized buzz words and phrases is tiresome.
Presentment:Hey jack@ss, The State claimed he was an "eyewitness" to anal-rape and testified to being an eyewitness anal-rape in their "33rd SWIGJ Presentment" and Indictments when McQueary ACTUALLY testified to the diametric opposite, NOT BEING AN EYEWITNESS to what The State claimed in their GJP/Indictments! McQueary also testified AT-TRIAL multiple times that the State's GJP/Indictments were FALSE as it applied to him ever saying or eyewitnessing what they claimed in their GJP and related Indictments (his father and Dr. D testified in the same way - i.e., what The State claimed relative to what MM told them he saw is utterly FALSE!). You're quite full of $hit that bring Indictments with utterly fraudulent and provably fraudulent "Probable Cause" is not the DEFACTO definition of "Malicious Prosecution".
All the above were in 2011.Presentment:
MM written statement to police:
His GJ testimony
Sandusky trial testimony:
That was a pretty crappy "risk analysis" then.
"Let's see ..... we know that one of our former employees was investigated for sexual assault of a minor 3 years ago, in 1998. We now have received a report of this dude doing "something" naked with a young boy inside a shower on University property at a very odd hour, 9 PM on a Friday."
Nope --- nothing of concern here! Full speed ahead with other stuff, let's ignore this one! No need to let the police know of this one!
That was a pretty crappy "risk analysis" then.
"Let's see ..... we know that one of our former employees was investigated for sexual assault of a minor 3 years ago, in 1998. We now have received a report of this dude doing "something" naked with a young boy inside a shower on University property at a very odd hour, 9 PM on a Friday."
Nope --- nothing of concern here! Full speed ahead with other stuff, let's ignore this one! No need to let the police know of this one!
You're way off with that statement Michy and you know it - "we know a former employer was investigated for sexual assault" - Cmon man - don't let your uneducated hindsight bias shape your opinion toooooo much there bud
Fixed it for you:
"Let's see....we know that our founder, chairman and fundraiser was investigated for OUT OF PROGRAM CONTACT sexual assault of a Second Mile minor 3 years ago, in 1998. We have now received a report of our chairman doing "something" naked with a Second Mile client inside a shower on University property at a very odd hour, 9 pm on a Friday, in OUT OF PROGRAM CONTACT with this Second Mile client.
Nope --- nothing of concern here! Full speed ahead with swim trunks, more OUT OF PROGRAM CONTACT with Second Mile clients and other stuff, let's ignore this one! No need to let the police know of this one!
Just because he didn't see insertion it doesn't make the charge malicious prosecution.
Sorry I didn't read much beyond your first paragraph. The overwhelming redundancy of capitalized buzz words and phrases is tiresome.
So based on your logic.....just because "rape" did not happen (or any reasonably CONFIRMED statement of facts about 2001) doesn't mean you can't put "the monster away for life" and charge PSU $500M for the total fabrication of lies contained in the Fact FREEH report.
Hell...we are living in a world where "..if you suspect something...we don't need the courts --- LEGAL RIGHTS (what are they) --- just kill the Bastard!!!"
Face it....America is now Politically correct first - It is just like we are all poor black Americans and in Mississippi in 1925 - or - if you find that too outlandish a comparison ......We, as American citizens, have guaranteed to us under the constitution all the rights granted to Jews in Germany 1938.
No he was not "investigated for sexual assault". Why do you bother to continue using non-factual information? It makes people not want to read any further, so any valid points you make make will be summarily dismissed.That was a pretty crappy "risk analysis" then.
"Let's see ..... we know that one of our former employees was investigated for sexual assault of a minor 3 years ago, in 1998. We now have received a report of this dude doing "something" naked with a young boy inside a shower on University property at a very odd hour, 9 PM on a Friday."
Nope --- nothing of concern here! Full speed ahead with other stuff, let's ignore this one! No need to let the police know of this one!
Actually the money paid was because Second Mile had tried to skip town and their assets were frozen in the Orphans court and disappearing fairly rapidly. PSU actually did it as a benevolent gesture only. Thus the clause in the settlement agreements not to double-sue. Now, when PSU plans to get off its haunches and sue TSM's insurers to be reimbursed? IDK.The problem with your post is Jerry did actually have a trial. 8 people testified as adults to JS molesting them in some sort of fashion. Now the money PSU paid was a bad decision based on bad leadership at the school. You're historical comparisons are not sound in any way and only further my though a few here have absolutely lost their mind.
No they are tired of the fact that you still can't grasp it's completely IRRELEVANT to the totality of the case.These people are mad at me for what Paterno testified to. It's absurd.
The problem with your post is Jerry did actually have a trial. 8 people testified as adults to JS molesting them in some sort of fashion. Now the money PSU paid was a bad decision based on bad leadership at the school. You're historical comparisons are not sound in any way and only further my though a few here have absolutely lost their mind.
Yes it's a stupid irrelevant point, one that Joe made.
"He was very upset and I said why, and he was very reluctant to get into it. He told me what he saw, and I said, what? He said it, well, looked like inappropriate, or fondling, I’m not quite sure exactly how he put it. I said you did what you had to do. It’s my job now to figure out what we want to do." - Joe Paterno
"You know, he didn’t want to get specific, and to be frank with you I don’t know that it would have done any good, because I never heard of, of, rape and a man." - Joe Paterno
It's very relevant. It shows that what Mike is saying is the truth and that both Paterno and Mike told CS about suspected CSA.No they are tired of the fact that you still can't grasp it's completely IRRELEVANT to the totality of the case.
Mike's statement to police and GJ testimony is exactly why the presentment stated what it did. If Mike tried to walk that back later after taking some heat, well that is a different story. Why Mike believed at the time that sodomy was occurring still makes no sense based on his other testimony.Presentment:
“He 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”.
MM written statement to police:
"I did not see insertion. I am certain that sexual acts/the young boy being sodomized was occurring."
His GJ testimony:
"I’m pretty sure he was sodomizing him, relatively sure.
Sandusky trial testimony:
Q: Now, in your written statement, November 23, 2010, you said: I did not see actual insertion. I am certain that sex acts — the young boy was being sodomized — was occurring.
A: Yes, I —
Q: Sound like what you wrote?
A: — I left that room knowing that and I believe that as I sit here today.
Q: Okay. Now, you told the grand jury, and that’s on page 9: I’m pretty sure he was sodomizing him, relatively sure.
A: Yeah. And let me make sure I’m clear, because I think what you’re getting at is I can’t tell you 1,000 percent, because I did not see a penis entering a rectum, but I do know [page 280] that it was severely sexual, and I thought, and I — let me compare it to something and give you a parallel, and since you asked the question I just want to make sure I’m clear. If I’m a college student and I’m at a frat house, there is a big party going on and I walk into a room thinking it’s a bathroom, but it’s one of the frat brother’s rooms, and he’s in there and the lights are dimly lit and he’s on top of a girl and they’re making some sounds, but I can’t see his penis in there, but they’re making sounds and it looks like they’re having sex, I walk out of the room saying, “God, I just walked in on these people having sex and things.” Now, the lights were fully on. I saw them three separate times. They were naked. They were in a severe position with his front against that boy’s back. Absent of seeing a penis in a rectum, I think he was having sex with him, yes."
That is only the diametric opposite if it's taken in the strictest terms.
It's very relevant. It shows that what Mike is saying is the truth and that both Paterno and Mike told CS about suspected CSA.
Yes it's a stupid irrelevant point, one that Joe made.
"He was very upset and I said why, and he was very reluctant to get into it. He told me what he saw, and I said, what? He said it, well, looked like inappropriate, or fondling, I’m not quite sure exactly how he put it. I said you did what you had to do. It’s my job now to figure out what we want to do." - Joe Paterno
"You know, he didn’t want to get specific, and to be frank with you I don’t know that it would have done any good, because I never heard of, of, rape and a man." - Joe Paterno
They were charged with upwards of 10 felonies. They plead guilty to two misdemeanors. In any reality that matters, that's a huge victory!And further to the point CSS had millions of dollars in free legal service from high priced lawyers paid for by PSU in order to fight the charges and lost.
Drawing any conclusions from JVP's testimony, interviews, etc is flawed. His testimony, interviews, etc are not reliable."I don't know what you'd call it."
Stop trying to mischaracterize Paterno's statements. Even if we ever hear it to verify it's accuracy, it's still non-cross examined testimony that he qualified multiple times. It's pathetic that you cling to it.
Refusing to acknowledge the limitations of that argument doesn't make them go away.It's very relevant. It shows that what Mike is saying is the truth and that both Paterno and Mike told CS about suspected CSA.
Presentment:
“He 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”.
MM written statement to police:
"I did not see insertion. I am certain that sexual acts/the young boy being sodomized was occurring."
His GJ testimony:
"I’m pretty sure he was sodomizing him, relatively sure.
Sandusky trial testimony:
Q: Now, in your written statement, November 23, 2010, you said: I did not see actual insertion. I am certain that sex acts — the young boy was being sodomized — was occurring.
A: Yes, I —
Q: Sound like what you wrote?
A: — I left that room knowing that and I believe that as I sit here today.
Q: Okay. Now, you told the grand jury, and that’s on page 9: I’m pretty sure he was sodomizing him, relatively sure.
A: Yeah. And let me make sure I’m clear, because I think what you’re getting at is I can’t tell you 1,000 percent, because I did not see a penis entering a rectum, but I do know [page 280] that it was severely sexual, and I thought, and I — let me compare it to something and give you a parallel, and since you asked the question I just want to make sure I’m clear. If I’m a college student and I’m at a frat house, there is a big party going on and I walk into a room thinking it’s a bathroom, but it’s one of the frat brother’s rooms, and he’s in there and the lights are dimly lit and he’s on top of a girl and they’re making some sounds, but I can’t see his penis in there, but they’re making sounds and it looks like they’re having sex, I walk out of the room saying, “God, I just walked in on these people having sex and things.” Now, the lights were fully on. I saw them three separate times. They were naked. They were in a severe position with his front against that boy’s back. Absent of seeing a penis in a rectum, I think he was having sex with him, yes."
That is only the diametric opposite if it's taken in the strictest terms.
And further to the point CSS had millions of dollars in free legal service from high priced lawyers paid for by PSU in order to fight the charges and lost.
You're are absolutely full of $hit that three Misdemeanor convictions on altered charges (i.e. WATERED DOWN CHARGES) equates to CSS "losing" when they IN-FACT WON, and the corrupt OAG LOST on 100% of the ORIGINAL CHARGES and 100% of the Felony PERJURY, OBSTRUCTION OF JUSTICE and CONSPIRACY counts, such that the OAG went 3-for-27 against C/S/S and only won on three Misdemeanor counts which were the MOST minor counts brought and they were only brought at the very end of the corrupt OAG's 5-year case via watering down the charges to salvage some type of conviction, when 100% of their original INDICTMENTS are PROVABLE "Malicious Prosecution" (i.e., ZERO non-fraudulent "Probable Cause") born of "Prosecutorial Misconduct" which is PRECISELY why 100% of the most serious FELONY charges were THROWN OUT by the court!
But don't let little things like FACTS get in the way of your corrupt OAG fairy-tales!!
I doubt they see the inside of a prison over this.Coming in 2018, the Schultz/Curley prison memoir: All The Winning, it hurts.
I doubt they see the inside of a prison over this.
Tim and Gary put any goodwill they earned by pleading in jeopardy with their performance at trial.