Alex Lindsay says he is innocent.
"It's total fiction from top to bottom," Lindsay said about the Freeh Report, which the NCAA used as the basis for imposing draconian sanctions on Penn State. Lindsay has the same view of the 2011 grand jury presentment that had to invent a lurid but imaginary child rape in the showers to brand his client forever as a raging, serial pedophile.
"They're all wrong," Lindsay said about the twin works of fiction issued by Freeh and the attorney general's office that are still being propped up by the media as legit. In the view of Lindsay, a lone voice in the wilderness, his guy is totally innocent. And, Lindsay will tell you about Jerry Sandusky and his loyal wife, Dottie, they happen to be "two of the bravest and most courageous people I have ever known."
So how does an innocent man wind up in jail? Lindsay blames the work of "an unholy triangle of forces that push these things ahead [in lurid, high profile media cases] and result in false convictions."
He's talking about the convergence of a hysterical media, overzealous prosecutors, and hungry plaintiff's lawyers. All of this was on vivid display at Penn State, as Lindsay is about to explain.
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When a public figure is charged with a lurid crime such as the sexual abuse of children, Lindsay said, "the media are off to the races." They can be counted on to supply non-stop "salacious" coverage that elevates hysteria and sensationalism over truth and rational thought.
Especially when they are being fed by "overzealous, over aggressive prosecutors who want to make the case," Lindsay said. The prosecutors go to work to convict the accused in the court of public opinion, before the case ever goes to trial. They are typically aided by willing dupes and accomplices in the media, who are all too happy to run with sensational prosecutorial leaks that may or may not be true.
The final ingredient of the unholy triangle, Lindsay said, are "plaintiff's lawyers who look at the diocese [of Philadelphia] or Penn State as a gold mine because it's easy money, and they're so vulnerable."
"I'm a plaintiff's lawyer," Lindsay said, so he fully understands the lure of suing the Catholic Church or Penn State.
But as far as playing defense goes, whether it's the church or the university, "They're not so much concerned with the truth but with damage control," Lindsay said. "And these plaintiff's lawyers are suing for money, and the plaintiff's lawyers are loving it."
That's exactly what happened at Penn State. Let's start with overzealous prosecutors, who in this case, had to invent a crime to put a man in jail.
To turn Sandusky into a serial child rapist, and Paterno into an accomplice, the prosecutors had to invent a lurid rape in the showers of a 10-year-old boy, but it's a crime that for two decades has gone without a known victim. The prosecutors did it by twisting the words of Mike McQueary, a confused dope with a known gambling problem and an affinity for sending pictures of his penis to women not his wife.
A guy like that would be putty in the hands of scheming prosecutors and cops. Even though McQueary subsequently stated in an email to a lead prosecutor and the lead investigator in the case a week after the erroneous grand jury report was issued that he never really saw a rape in the showers. The written response of the prosecutor: keep quiet.
Armed with a deliberately false document, the hysterical media went nuts, especially when they had a chance to crucify Joe Paterno, a former Republican Mr. Clean, as an enabler of an assistant coach on an imaginary child rape spree. Instead of carrying torches and pitchforks the media mob was armed with cameras and microphones.
In the Sandusky case, Lindsay said, the grand jury "becomes a weapon for an unscrupulous prosecutor." The many leaks from that grand jury, according to state law, should have been investigated by the appointment of a special prosecutor, Lindsay said. But it never happened.
In Sandusky's case, Lindsay lamented, all the "safeguards that are built into the grand jury process have been stood on its head."
Finally, the greedy plaintiff's lawyers showed up at Penn State, in search of millions of dollars in easy money. They would not be disappointed.