(Relief?) "Nifonged" Part 2: The Real Conspiracy of Silence

[rmb297]

According to the Moulton Report, "the Penn State state emails" were turned over by July 7, 2011, proving a key obstruction of justice allegation was false and that Fina suppressed this evidence to charge Curley and Schultz with failure to report.

By
Ray Blehar

In Part 1 of the series, the evidence indicated that Frank Fina's expectation that Curley and Schultz would "flip" was among the reasons behind his use of unreliable evidence. Fina's reliance in pressing charges on flimsy evidence was much worse than that of Durham DA Mike Nifong, who was eventually disbarred over his misconduct in the Duke lacrosse case. In Part 2, the Moulton Report and a lot of other evidence reveal the misconduct on the part of Fina and then-Penn State Counsel Cynthia Baldwin during the Sandusky investigation -- in the lead up to the eventual Conspiracy of Silence case.

On November 1, 2012, the Conspiracy of Silence (CoS) presentment levied allegations of obstruction justice against Graham Spanier, Gary Schultz, and Tim Curley. While a long list of allegations were included in the presentment, many of which were not crimes, the key allegation of obstruction of justice was the lack of compliance with Subpoena 1179.



GJ Subpoena 1179 (Sandusky case), issued on December 29, 2010 requested:

"Any and all records pertaining to Jerry Sandusky and incidents reported to have occurred on or about March 2002, and any other information concerning Jerry Sandusky and inappropriate contact with underage males both on and off University property. Response shall include any and all correspondence directed to or regarding Jerry Sandusky."


That allegation was blown away by the Moulton Report's timeline, specifically:

"July 7, 2011. Tpr. Rossman receives a thumb drive containing Penn State emails."


http://notpsu.blogspot.com/2015/08/nifonged-part-2-real-conspiracy-of.html

 

[step.eng69]

According to the Moulton Report, "the Penn State state emails" were turned over by July 7, 2011, proving a key obstruction of justice allegation was false and that Fina suppressed this evidence to charge Curley and Schultz with failure to report.

By
Ray Blehar

In Part 1 of the series, the evidence indicated that Frank Fina's expectation that Curley and Schultz would "flip" was among the reasons behind his use of unreliable evidence. Fina's reliance in pressing charges on flimsy evidence was much worse than that of Durham DA Mike Nifong, who was eventually disbarred over his misconduct in the Duke lacrosse case. In Part 2, the Moulton Report and a lot of other evidence reveal the misconduct on the part of Fina and then-Penn State Counsel Cynthia Baldwin during the Sandusky investigation -- in the lead up to the eventual Conspiracy of Silence case.

On November 1, 2012, the Conspiracy of Silence (CoS) presentment levied allegations of obstruction justice against Graham Spanier, Gary Schultz, and Tim Curley. While a long list of allegations were included in the presentment, many of which were not crimes, the key allegation of obstruction of justice was the lack of compliance with Subpoena 1179.



GJ Subpoena 1179 (Sandusky case), issued on December 29, 2010 requested:

"Any and all records pertaining to Jerry Sandusky and incidents reported to have occurred on or about March 2002, and any other information concerning Jerry Sandusky and inappropriate contact with underage males both on and off University property. Response shall include any and all correspondence directed to or regarding Jerry Sandusky."


That allegation was blown away by the Moulton Report's timeline, specifically:

"July 7, 2011. Tpr. Rossman receives a thumb drive containing Penn State emails."


http://notpsu.blogspot.com/2015/08/nifonged-part-2-real-conspiracy-of.html

Thank you Ray, looking forward to meeting you again at one of the games. last year I was looking for you at Joe's candle light....I believe you were ill.
Tom

 

[lionlurker]

Maybe this is why we have so many new posters these days. The noose is tightening.

 

[rmb297]

Thank you Mr. Blehar, looking forward to meeting you again at one of the games. last year I was looking for you at Joe's candle light....I believe you were ill.
Tom

Please call me Ray. I stopped by the flowers last year after the game. Not much going on there. Sorry I missed you.

 

[PSU-Knocker]

Maybe this is why we have so many new posters these days. The noose is tightening.

Not so patiently waiting for the trap door to spring.

 

[NonJohnchuck]

Summary of Evidence
...
2. There has been no evidence disclosed to date that Spanier possessed materials responsive to the subpoena.
3. There has been no evidence provided to date, aside from a reference in Erickson's notebook, that Curley possessed any evidence responsive to the subpoena.

Super classic! 2 out of 3 major "evidence" summary points are actually that there is no evidence - OAG claims S & C had evidence & didn't provide it. The lack of them providing it is somehow twisted into "proof" they didn't have it.

Please elaborate.

 

[91Joe95]

Keep up the great work, Ray!

 

[lionroar88]

If Fina, Corbett, McGettigan, Kelley, Baldwin and members of PSU Old Guard BoT aren't brought up on charges from all this - that will be a huge tragedy.

 

[lionroar88]

Summary of Evidence
...
2. There has been no evidence disclosed to date that Spanier possessed materials responsive to the subpoena.
3. There has been no evidence provided to date, aside from a reference in Erickson's notebook, that Curley possessed any evidence responsive to the subpoena.

Super classic! 2 out of 3 major "evidence" summary points are actually that there is no evidence - OAG claims S & C had evidence & didn't provide it. The lack of them providing it is somehow twisted into "proof" they didn't have it.

Please elaborate.

They are required, by law, to turn this evidence over to the defense. They did not. So they were either suppressing evidence (against the law), or more likely they never had it... in which case they knowingly filed false charges - also against the law.

Got it now?

 

[NonJohnchuck]

They are required, by law, to turn this evidence over to the defense. They did not. So they were either suppressing evidence (against the law), or more likely they never had it... in which case they knowingly filed false charges - also against the law.

Yes. I get it. 2 possibilities. Which is what the 4 yr old court case is all about.

But the fact they didn't produce evidence is NOT evidence that they didn't have it.

 

[jjsocrates]

Summary of Evidence
...
2. There has been no evidence disclosed to date that Spanier possessed materials responsive to the subpoena.
3. There has been no evidence provided to date, aside from a reference in Erickson's notebook, that Curley possessed any evidence responsive to the subpoena.

Super classic! 2 out of 3 major "evidence" summary points are actually that there is no evidence - OAG claims S & C had evidence & didn't provide it. The lack of them providing it is somehow twisted into "proof" they didn't have it.

Please elaborate.

As a Public Service - so that this doesn't turn into another epic thread, let's just put Frank Fina's minions on ignore.

 

[Nittany Ziggy]

But the fact they didn't produce evidence is NOT evidence that they didn't have it.

Commence the circle jerk with a triple negative used to refute another's post! Yoi!

 

[NonJohnchuck]

As a Public Service - so that this doesn't turn into another epic thread, let's just put Frank Fina's minions on ignore.

I agree with the hopes of THIS article actually, but no proof's offered.

JJSocks --> What are U worried about? Have a hand in the cookie jar somehow?

 

[NonJohnchuck]

Commence the circle jerk with a triple negative used to refute another's post! Yoi!

Blame the OP. Famous for this.

 

[lionroar88]

Yes. I get it. 2 possibilities. Which is what the 4 yr old court case is all about.

But the fact they didn't produce evidence is NOT evidence that they didn't have it.

So you claim that you got it, then proceed to prove that you didn't get it... smh

 

[NonJohnchuck]

Wow! Is it possible that prosecutorial misconduct is the subject of the federal investigation that we have been hearing about for so long?

Extremely doubtful. There is no Federal Investigation. One had begun by the POST OFFICE to see if their were Federal charges and if there was a ring distributing illicit CP materials (thank Mark Madden) but nothing's come of that.

The rest is fan fiction.

 

[rmb297]

Wow! Is it possible that prosecutorial misconduct is the subject of the federal investigation that we have been hearing about for so long?

In just the last few days we have heard of several instances where Fina and his subordinates misrepresented stuff to the courts.

I'm not a lawyer by any stretch of the imagination, but I believe prosecutorial misconduct is heard by the Ethics Board or a Judicial type board. It's not a criminal matter.

I think the evidence is pointing to a conspiracy to obstruct justice - lying about the date of the 2001 incident was certainly outside the bounds of prosecutorial discretion.

 

[Bushwood CC]

So you claim that you got it, then proceed to prove that you didn't get it... smh

He's "got it" alright.....a wicked case of dip-$hit-itis.

 

[SteveMasters]

Very nice investigative reporting Ray. The charges against Curley, Schultz, and Spanier are a farce and were done to silence the Penn State administrators and to provide cover for the BOT's firing of Paterno and Spanier. If anyone should be disciplined for failure to comply with Subpoena 1179, it should be Baldwin. IMHO, Baldwin and Fina should be disbarred. With the revelation that Fina peddled in pornography on state time with state equipment, he is unfit to be a prosecutor. This transgression provides a perfect opportunity to take a closer look at the shenanigans that Fina and the rest of the gang at the OAG have been involved in the entire Penn State case.

There have been a number of false narratives that have been spun in this case such as Tim Curley, Gary Schultz, Graham Spanier, and Joe Paterno enabling the acts of a pedophile; that Mike McQueary witnessed a sexual assault in the shower; that Jim Calhoun witnessed Jerry Sandusky sexually assaulting a minor in the shower, and that victim 2 is unknown. When will the parties within the OAG responsible for creating these false narratives have to answers for their transgressions.

 

[rmb297]

As a Public Service - so that this doesn't turn into another epic thread, let's just put Frank Fina's minions on ignore.

Agree. Life is much better when you use the "velvet rope" of "blocking" and "ignoring." I do it every day. It's a waste of time to engage the trolls.

 

[NonJohnchuck]

I think the evidence is pointing to a conspiracy to obstruct justice - lying about the date of the 2001 incident was certainly outside the bounds of prosecutorial discretion.

We agree on something, then. And it's truly telling to me that the one who corrected the date was JS.

Why in heaven's name did he do that? If he left date alone til trial he could have blown the whole thing up!

Still - even though I agree - have to take a moment to memorialize that you actually admit to being a conspiracy theorist. #Watershed #AlreadyWellKnown

 

[marshall23]

As a Public Service - so that this doesn't turn into another epic thread, let's just put Frank Fina's minions on ignore.

I already have. As I stated on the last thread.....we already know who the crooks are and it appears that the whole sordid saga is about to explode. My guess is the conspiracy that led to false charges against the PSU 3 was not hatched by FF and the OAG. Look higher.

 

[SteveMasters]

I already have. As I stated on the last thread.....we already know who the crooks are and it appears that the whole sordid saga is about to explode. My guess is the conspiracy that led to false charges against the PSU 3 was not hatched by FF and the OAG. Look higher.

It seems like Tom Corbett is in this fiasco pretty deep.

 

[marshall23]

It seems like Tom Corbett is in this fiasco pretty deep.

After all he did boast, "I told them to do it."

 

[wjb78]

Yes. I get it. 2 possibilities. Which is what the 4 yr old court case is all about.

But the fact they didn't produce evidence is NOT evidence that they didn't have it.

You miss the point entirely with this reasoning. The assertion is not that C/S/S did not hold any documents regarding JS (an entirely separate argument), but that Baldwin, in possible collusion with members of the OAG, took steps to ensure C/S/S were not aware of, and therefore did not comply with, the subpoena's requirements to produce said documents. It is asserted by the gov't this non-compliance, or withholding of documents, constitutes obstruction.

 

[didier]

Extremely doubtful. There is no Federal Investigation. One had begun by the POST OFFICE to see if their were Federal charges and if there was a ring distributing illicit CP materials (thank Mark Madden) but nothing's come of that.

The rest is fan fiction.

I thought Bagwell was told by the USAG office in August 2014 that an FBI investigation was ongoing. Is that done? And just recently (July I think) he was denied access to documents due to an "ongoing" federal investigation (wasn't specified as FBI). Are you sure the Feds have wrapped everything up?

 

[NonJohnchuck]

You miss the point entirely with this reasoning. The assertion is not that C/S/S did not hold any documents regarding JS (an entirely separate argument), but that Baldwin, in possible collusion with members of the OAG, took steps to ensure C/S/S were not aware of, and therefore did not comply with, the subpoena's requirements to produce said documents. It is asserted by the gov't this non-compliance, or withholding of documents, constitutes obstruction.

On the contrary, I totally get that point. What's missing is how is how the lack of production of these docs somehow proves they weren't obstructing or even that they were unaware. It's circular reasoning & some would use a more foul term.

This is the Vinny Barbarino defense.

 

[rmb297]

I thought Bagwell was told by the USAG office in August 2014 that an FBI investigation was ongoing. Is that done? And just recently (July I think) he was denied access to documents due to an "ongoing" federal investigation (wasn't specified as FBI). Are you sure the Feds have wrapped everything up?

A federal subpoena (AUSDA Middle District) was issued on 2 February 2012 for documents/financial transactions between The Second Mile and Penn State. That investigation involved agents from the FBI, IRS, and Postal Inspection Service.
http://www.psu.edu/ur/2012/openness/DOJ_subpoena.pdf


Bagwell's RTK request confirmed an ongoing Federal investigation on 29 August 2014....that investigation involved the FBI.
https://docs.google.com/file/d/0B7XMvBRjdt05WVppU3JBcWF6OGM/edit

There was an early Postal Inspection Service investigation of TSM into mail fraud.
http://www.pennlive.com/midstate/index.ssf/2012/03/us_postal_inspectors_probe_of.html

 

[didier]

A federal subpoena (AUSDA Middle District) was issued on 2 February 2012 for documents/financial transactions between The Second Mile and Penn State. That investigation involved agents from the FBI, IRS, and Postal Inspection Service.
http://www.psu.edu/ur/2012/openness/DOJ_subpoena.pdf


Bagwell's RTK request confirmed an ongoing Federal investigation on 29 August 2014....that investigation involved the FBI.
https://docs.google.com/file/d/0B7XMvBRjdt05WVppU3JBcWF6OGM/edit

There was an early Postal Inspection Service investigation of TSM into mail fraud.
http://www.pennlive.com/midstate/index.ssf/2012/03/us_postal_inspectors_probe_of.html

Thanks Ray. Any word on if any of these are still ongoing? And any word on where the DOE report is?

 

[Marshall30]

Fanning backside!

 

[rmb297]

Thanks Ray. Any word on if any of these are still ongoing? And any word on where the DOE report is?

1. Ongoing, but focus changed to just Second Mile per agreement with PA OAG.

2. Bagwell. There were two investigations referenced involving the FBI and the USDOJ. I don't know the specifics.

3. I've heard rumor that the mail fraud investigation completed.

4. Have not heard about Dept of Education, nor looked. Heard PSU received a draft report, but really haven't tracked this at all.

 

[Marshall30]

1. Ongoing, but focus changed to just Second Mile per agreement with PA OAG.

2. Bagwell. There were two investigations referenced involving the FBI and the USDOJ. I don't know the specifics.

3. I've heard rumor that the mail fraud investigation completed.

4. Have not heard about Dept of Education, nor looked. Heard PSU received a draft report, but really haven't tracked this at all.

 

[wjb78]

On the contrary, I totally get that point. What's missing is how is how the lack of production of these docs somehow proves they weren't obstructing or even that they were unaware. It's circular reasoning & some would use a more foul term.

This is the Vinny Barbarino defense.

Yes your reasoning is circular indeed. You've shifted the responsibility for noncompliance with the subpoena from Baldwin to the administrators, in other words refuting the principle argument in Ray's post. If you disagree with that assertion, address it directly with evidence to the contrary as to how Baldwin carried out her duties in accordance with PSU AD49. To argue against an assertion that wasn't made just makes you the ham in a bad ham sandwich.

 

[Misder2]

On the contrary, I totally get that point. What's missing is how is how the lack of production of these docs somehow proves they weren't obstructing or even that they were unaware. It's circular reasoning & some would use a more foul term.

This is the Vinny Barbarino defense.

Zig, you should really just calm down

 

[rmb297]

Yes your reasoning is circular indeed. You've shifted the responsibility for noncompliance with the subpoena from Baldwin to the administrators, in other words refuting the principle argument in Ray's post. If you disagree with that assertion, address it directly with evidence to the contrary as to how Baldwin carried out her duties in accordance with PSU AD49. To argue against an assertion that wasn't made just makes you the ham in a bad ham sandwich.

Even though I can only see half of this conversation, it's obvious that "woodchuck" is throwing up (pun intended) every strawman he can muster.

 

[marshall23]

Even though I can only see half of this conversation, it's obvious that "woodchuck" is throwing up (pun intended) every strawman he can muster.

UpChuck has been programmed to regurgitate.

 

[rmb297]

LOL and SMH. You cannot make this stuff up.

Not saying I'm positive, but Rick's a member of the "move on" contingent. Doesn't want to know the truth if it ends up hurting PSU in any way and would rather live the lie that the BOT cleaned up the football program.

So, he's hoping that Tim, Gary, and Graham aren't convicted, because that would look bad on PSU, but he doesn't want the world to find out PSU has been run by a bunch of....should I say "scumbags"....since about 1984.

Gotta run! ttyl!

 

[no1lion99]

Not saying I'm positive, but Rick's a member of the "move on" contingent. Doesn't want to know the truth if it ends up hurting PSU in any way and would rather live the lie that the BOT cleaned up the football program.

So, he's hoping that Tim, Gary, and Graham aren't convicted, because that would look bad on PSU, but he doesn't want the world to find out PSU has been run by a bunch of....should I say "scumbags"....since about 1984.

Gotta run! ttyl!

Know you meant "rumboys" Ray!

 

[marshall23]

Know you meant "rumboys" Ray!

Scumbags everywhere should be outraged that they are being compared to The Ship of Fools, Admiral Masser and cabin boy Peetz.

 

[WeR0206]

1. Ongoing, but focus changed to just Second Mile per agreement with PA OAG.

2. Bagwell. There were two investigations referenced involving the FBI and the USDOJ. I don't know the specifics.

3. I've heard rumor that the mail fraud investigation completed.

4. Have not heard about Dept of Education, nor looked. Heard PSU received a draft report, but really haven't tracked this at all.

FYI...from Bagwell today:

@Bagwell4Trustee: In today's news, federal prosecutors are withholding 570,000 pages of records regarding #PennState's investigation.

@Bagwell4Trustee: They claim that all of the records are protected by grand jury secrecy rules, even though they haven't looked at them yet.