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Spanier v. Freeh

The meaning of the decision should be self evident to anyone who has average reading comprehension skills. Spanier has now agreed not to assert his 5th amendment right in his civil proceeding against Freeh. Likely because it is constitutionally permissible to draw an adverse inference from a party’s invocation of the Fifth Amendment in a non-criminal proceeding (Baxter v. Palmigiano, 425 U.S. 308 (1976). It now appears Spanky is looking to roll the dice on the civil case hoping it doesn't come back to haunt him in the criminal one. Such is the thinking of someone who thinks they can carefully and cleverly craft their responses without getting caught in the spider's web.

Finally, the judge has ruled that in this case, there is insufficient legal linkages involving contract vs defamation law thereby requiring a separate complaint be brought against PSU for the contractual issues.
Apparently Spanier has nothing to hide unlike your BOT cronies. If the BOT power bloc had nothing to hide they would not have fought the Alumni trustees access to the UNREDACTED Freeh materials.
 
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It would if the relevant statute of limitations for suing Penn State and/or its Board of Trustees has expired. Spanier was fired when, in late 2011 or early 2012? Each state in the Union has a welter of different statutes of limitation, each of them specific to a particular form of legal action. Defamation is a form of tort, and Pennsylvania likely has a specific statute of limitation for tort claims. A very relevant question is how long that statute of limitation runs. If this were California, the limitations period would run for a period of three or four years (can't recall which it is), beginning on the date that the plaintiff discovered (or reasonably should have discovered) that he had incurred damages

Pretty clear that Spanier incurred damages on the date he was fired, and perhaps earlier. If PSU could have been brought into an existing lawsuit as an additional defendant, there would be no SOL issue. But if Spanier has to file a new lawsuit to go after PSU, it seems to me the SOL issue is highly relevant.

Would be interested to get a Pennsylvania litigator's take on this one.

I think they have a separation agreement that takes precedence where PSU was not allowed to say anything negative about Spanier. Its essentially breach of contract.
 
Considering flies are attracted to stink, how funny is it that someone named StinkStankStunk would be watching a movie entitled "The Fly". I guess its reciprocal.

Stinkstankstunk is a reference to a line in Dr. Seuss' how the Grinch stole Christmas.
 
Didn't they have a separation contract that said PSU could not defame Spanier?
He did

Quite frankly, it should take a fair trial jury all of 5 minutes to reach a verdict in Spanier's favor on that one
The incredible arrogance of the Scoundrels in that regard was so over the top........entitled douchebags just figured they were immune

Just too bad some of the douchebag Scoundrels can't be held personally liable - and have to open their own wallets (something they are loathe to do in any situation)
 
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Is this some corporate game of dodging a bullet? I'm just so
The meaning of the decision should be self evident to anyone who has average reading comprehension skills. Spanier has now agreed not to assert his 5th amendment right in his civil proceeding against Freeh. Likely because it is constitutionally permissible to draw an adverse inference from a party’s invocation of the Fifth Amendment in a non-criminal proceeding (Baxter v. Palmigiano, 425 U.S. 308 (1976). It now appears Spanky is looking to roll the dice on the civil case hoping it doesn't come back to haunt him in the criminal one. Such is the thinking of someone who thinks they can carefully and cleverly craft their responses without getting caught in the spider's web.

Finally, the judge has ruled that in this case, there is insufficient legal linkages involving contract vs defamation law thereby requiring a separate complaint be brought against PSU for the contractual issues.

It's not a "roll of the dice" when Spanier knows that he did not know that Sandusky was a pedophile and that he did nothing to cover up for him.
 
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He did

Quite frankly, it should take a fair trial jury all of 5 minutes to reach a verdict in Spanier's favor on that one
The incredible arrogance of the Scoundrels in that regard was so over the top........entitled douchebags just figured they were immune

Just too bad some of the douchebag Scoundrels can't be held personally liable - and have to open their own wallets (something they are loathe to do in any situation)

pretty funny to see you defending Spanier when he was in with the evil BOT (a douchebag scoundrel himself as you call them) up until Nov 2011 when he was flushed down the toilet only for not sticking to the script. Just because you get out played doesn't mean you were on the right side of things to begin with.

Spanier as the president of the university is just as much to blame for how this was all handled by PSU over the entire Sandusky timeline and especially from the time in Nov 2010 when subpoenas started flying around to the news reports in early 2011 of the GJ and then ultimately as it got closer to when charges were going to be filed against Sandusky and he also had several weeks notice that Tim and Gary were going to be indicted. Yet he pretended to be shocked...... or let me guess Baldwin hoodwinked him also.....

It was fun to see Ms. Lisa Powers on the stand lying out her butt trying to say all the emails going back and forth between Spanier and cronies scripting the response in October 2011 were privileged just because Baldwin and some other media consultant (who happened to be an attorney) were cc'd. Ms. Powers must not have been too convincing, Judge Gavin ordered the emails be turned over.

It is strange that Spanier knew enough to work with an outside consulting firm on how to handle the fallout before the indictments came out but yet he was "caught off guard" when they finally did come out. well played.....
 
pretty funny to see you defending Spanier when he was in with the evil BOT (a douchebag scoundrel himself as you call them) up until Nov 2011 when he was flushed down the toilet only for not sticking to the script. Just because you get out played doesn't mean you were on the right side of things to begin with.

Spanier as the president of the university is just as much to blame for how this was all handled by PSU over the entire Sandusky timeline and especially from the time in Nov 2010 when subpoenas started flying around to the news reports in early 2011 of the GJ and then ultimately as it got closer to when charges were going to be filed against Sandusky and he also had several weeks notice that Tim and Gary were going to be indicted. Yet he pretended to be shocked...... or let me guess Baldwin hoodwinked him also.....

It was fun to see Ms. Lisa Powers on the stand lying out her butt trying to say all the emails going back and forth between Spanier and cronies scripting the response in October 2011 were privileged just because Baldwin and some other media consultant (who happened to be an attorney) were cc'd. Ms. Powers must not have been too convincing, Judge Gavin ordered the emails be turned over.

It is strange that Spanier knew enough to work with an outside consulting firm on how to handle the fallout before the indictments came out but yet he was "caught off guard" when they finally did come out. well played.....

I'm not defending Spanier.....just making an observation.

You've seen his separation agreement from PSU - I assume. Are you saying its not as clear as day that PSU Admin/BOT violated it like they were beating a rented mule?

It should be a 5 minute hearing to determine that suit.....the defamation suit.
It seems that you are extrapolating those comments into the CSS trial issues.....which I was not addressing at all.
 
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pretty funny to see you defending Spanier when he was in with the evil BOT (a douchebag scoundrel himself as you call them) up until Nov 2011 when he was flushed down the toilet only for not sticking to the script. Just because you get out played doesn't mean you were on the right side of things to begin with.

Spanier as the president of the university is just as much to blame for how this was all handled by PSU over the entire Sandusky timeline and especially from the time in Nov 2010 when subpoenas started flying around to the news reports in early 2011 of the GJ and then ultimately as it got closer to when charges were going to be filed against Sandusky and he also had several weeks notice that Tim and Gary were going to be indicted. Yet he pretended to be shocked...... or let me guess Baldwin hoodwinked him also.....

It was fun to see Ms. Lisa Powers on the stand lying out her butt trying to say all the emails going back and forth between Spanier and cronies scripting the response in October 2011 were privileged just because Baldwin and some other media consultant (who happened to be an attorney) were cc'd. Ms. Powers must not have been too convincing, Judge Gavin ordered the emails be turned over.

It is strange that Spanier knew enough to work with an outside consulting firm on how to handle the fallout before the indictments came out but yet he was "caught off guard" when they finally did come out. well played.....
The surprise was about the charges against Tim and Gary. Not a surprise about charges against JS.
 
So what's your problem, Towny? Spanier will waive his 5th amendment rights and will answer all questions. Shouldn't you be glad about that?

Spanier can answer whatever questions he wants doesn't mean it be helpful either way. There is plenty of evidence already to suggest that he doesn't care about telling the truth even under oath. But sure any thing that gets more info out should be better for all to see and judge for themselves.
It is doubtful that anything will become public from any of those depositions. PSU will just throw more money at it and bygones

either way separating spanier from the bot as one of the good guys is laughable -
 
It's all relative at this point. The enemy of my enemy is my friend.

I don't particularly care what happens to him, but if this helps to shed light on the entire toxic process, it can only help. And true, this stuff will get buried in this suit, maybe, but eventually Sollers will make sure everything that needs to see the light of day gets uncovered. That is the whole point to the Paterno effort.
 
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Interesting.

I do not recall hearing that before....but I expect you have some pretty good sources.

So....correct me if I mis-interpreted....."PSU Admin - including GSpanier and ________????? - knew that Curley and Schultz were going to be indicted well before the indictments were handed down...1 month before? 2 months before?? ________?"
Do you have info to "fill in those blanks"?

Maybe I lost track over the years......but that may be the first I have heard that......and I think that is - at the least - very interesting information, even without thoroughly considering the implications.
 
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Interesting.

I do not recall hearing that before....but I expect you have some pretty good sources.

So....correct me if I mis-interpreted....."PSU Admin - including GSpanier and ________????? - knew that Curley and Schultz were going to be indicted well before the indictments were handed down...1 month before? 2 months before?? ________?"
Do you have info to "fill in those blanks"?

Maybe I lost track over the years......but that may be the first I have heard that......and I think that is - at the least - very interesting information, even without thoroughly considering the implications.

around 3 -4 weeks, maybe the problem was from all of the same people knew Jerry was going to be indicted the summer of 2009. so maybe they all thought it was going to all go away on its own one more time. Maybe the surprise wasn't from knowing they were supposed to be indicted but that it actually happened and whoever was supposed to sweep it all under the rug one more time lost their broom.
 
around 3 -4 weeks, maybe the problem was from all of the same people knew Jerry was going to be indicted the summer of 2009. so maybe they all thought it was going to all go away on its own one more time. Maybe the surprise wasn't from knowing they were supposed to be indicted but that it actually happened and whoever was supposed to sweep it all under the rug one more time lost their broom.
Interesting.

So, who was informed a month ahead of time....GS? GS and others?

Who informed them? Who would have known a month ahead of the announcements? Any info?

I think those would be key questions wrt putting some perspective on a lot of stuff
 
around 3 -4 weeks, maybe the problem was from all of the same people knew Jerry was going to be indicted the summer of 2009. so maybe they all thought it was going to all go away on its own one more time. Maybe the surprise wasn't from knowing they were supposed to be indicted but that it actually happened and whoever was supposed to sweep it all under the rug one more time lost their broom.

Interesting. If they knew in 2009, why didn't they get their stories straight before they were asked to testify, and before they were asked to when it was still legal to do so? Your point raises a few other questions, but that's the big one.
 
around 3 -4 weeks, maybe the problem was from all of the same people knew Jerry was going to be indicted the summer of 2009. so maybe they all thought it was going to all go away on its own one more time. Maybe the surprise wasn't from knowing they were supposed to be indicted but that it actually happened and whoever was supposed to sweep it all under the rug one more time lost their broom.

This is indeed interesting that people knew Tim & Gary were going to be indicted 3-4 weeks before the presentment came out.

According to Baldwin's 10/26/2012 grand jury testimony, she got a call from the OAG about a week before indicating C&S would be indicted for failure to report. She then told Spanier who expressed surprise. She also testified that Spanier informed Garban and two other board members in the president's box at the football game the week before. See page 136:
http://www.dauphincounty.org/govern...3 - Exhibits of Pre-Trial Proceedings (1).pdf

Towny - can you say who knew about Tim & Gary 3-4 weeks before? It doesn't seem to have come from Baldwin.

The Moulton report indicates Ellis and Leiter interviewed McQueary on 10/13/2011. That's 3 weeks before the charges were leaked on 11/4/2011. Maybe he was told about C&S.

And FYI - Baldwin testified that C&S were told about the pending indictment very soon after she was called by the OAG. Seems odd then that Schultz didn't get rid of his secret file right away.
 
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This is indeed interesting that people knew Tim & Gary were going to be indicted 3-4 weeks before the presentment came out.

According to Baldwin's 10/26/2012 grand jury testimony, she got a call from the OAG about a week before indicating C&S would be indicted for failure to report. She then told Spanier who expressed surprise. She also testified that Spanier informed Garban and two other board members in the president's box at the football game the week before. See page 136:
http://www.dauphincounty.org/government/Court-Departments/Curley-Schultz-Spanier/Documents/December 17, 2013 - Exhibits of Pre-Trial Proceedings (1).pdf

Towny - can you say who knew about Tim & Gary 3-4 weeks before? It doesn't seem to have come from Baldwin.

The Moulton report indicates Ellis and Leiter interviewed McQueary on 10/13/2011. That's 3 weeks before the charges were leaked on 11/4/2011. Maybe he was told about C&S.

And FYI - Baldwin testified that C&S were told about the pending indictment very soon after she was called by the OAG. Seems odd then that Schultz didn't get rid of his secret file right away.

Towny is not being truthful.
As usual.
 
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