Just wanted to add something about that 1998 admonition from police & DPW not to shower with children....
From Ditka's closing at the Spanier trial:
And what do we know happened in `98? Oh, we told him not to do it anymore. Guess it didn't work, because here we are in 2001 and they're back [p.72]
We'll just tell him: Don't come back. Because you know, `98 we told him: Don't do that. And here he is doin' it again. [p.81]
CSS were never aware of that ban. That’s according to the Commonwealth’s own witness in the preliminary hearings - former PSU police chief Tom Harmon.
Preliminary hearing 7/29/2013, morning session, at pages 140-141:
http://www.dauphincounty.org/government/Court-Departments/Curley-Schultz-Spanier/Documents/July 29, 2013 Preliminary Hearing Transcript 1 of 2.PDF
BY MR. FARRELL:
Q Do you know if anyone from the Department of Public Welfare knew that Jerry Sandusky was told he shouldn't shower with boys?
A Could you ask that again?
Q Well, do you know who was advised of the warning to Jerry Sandusky that he shouldn't shower with boys?
A I don't know for a fact other than the investigator was with Officer Schreffler when they talked to Jerry Sandusky.
Q The investigator from DPW?
A That's correct.
Q And you don't know, you don't know of your own knowledge whether anything was done to enforce that, do you?
A No.
Q And as far as you know, that was never told, that warning was never conveyed to Mr. Schultz, was it?
A Not to my knowledge.
At no point in the Spanier trial was there evidence presented that Curley, Schultz, or Spanier were made aware of the 1998 police and DPW admonition to Sandusky to not shower with boys in the future.
And, as I recall the many times the prosecution highlighted (at Spanier's trial) that the 2001 ban on Sandusky bringing children to campus had no enforcement mechanism, I guess it should be no surprise that the prosecution didn't mention the police and DPW "ban" from 1998 had no enforcement mechanism either.
However, I think this particular issue also highlights a missed opportunity & communication issue between Harmon and Schultz. I believe if Schultz had known about that 98 admonition, he would have made sure 2001 was handled differently (or at least I hope so). Alternately, if Schultz had told Harmon about 2001, or if Harmon had demonstrated just a little curiosity why Schultz asked whether the 98 report was still in the archives in 2001, maybe those two would have communicated more and things would have happened differently. But that didn’t happen. And here we are.