Download the Report:

http://thefreehreportonpsu.com/

This link is the report:

http://www.thefreehreportonpsu.com/REPORT_FINAL_071212.pdf

Last month, Gerald “Jerry” Sandusky was convicted of 45 out of 48 charges related to sexual assault that spanned more than ten years and involved over 5 young boys. Jerry Sandusky is in prison awaiting his sentencing expected to occur in September. He could get over 400 years in prison with a minimum of 70 years served before parole. In the wake of the scandal, Penn State University reacted to the truth in November of 2011 by firing Joe Paterno, the head football coach; Graham Spanier, the university’s president, and Athletic Director Tim Curley, after a Grand Jury presentment. Retired Vice President of Business and Finance Gary Shultz and Tim Curley are currently being charged with perjury in connection to the Grand Jury presentment. I have posted about this earlier and if you would like to reread it, go here , here , and here .

Louis Freeh, a retired judge and former FBI director, and his law firm Freeh Sporkin and Sullivan, LLP were hired by the university’s Board of Trustees to conduct an independent investigation into the entire sordid Sandusky, Curley, Shultz, Paterno, and Spanier conspiracy occurred, who did what when, and how it came to pass that after one report to the Department of Public Welfare of the Commonwealth of Pennsylvania of pedophilia behavior in 1998 did not prevent a string of such behavior occurring both in Sandusky’s home and Penn State University athletic facilities. The report was intended to expose the truth surrounding the charges, the behavior of those in power to prevent it, and a candid accounting of responsible parties involved. The report does do that, all 265 pages worth. Since I have read the entire thing, I find it most useful to pass information from that report to you to spare you the tedious task of reading it for yourself. I do, however, encourage reading it as it holds important information necessary to conclude truthful exposure of facts often seeming cold, harsh and difficult to reasonably fathom.

While I realize that 265 pages at the computer is a long read, I have decided to deliver a synopsis of the report to highlight the findings important to this post. It is also very important to note that Joe Paterno, lovingly referred to as Joe Pa by an adoring public, died before the investigators employed by Freeh Sporkin and Sullivan, LLP could talk to him. It should also be important to note that counsel for Curley and Shultz did not permit investigators to question their clients candidly or otherwise and most of the information compiled concerning them are damning emails, notes from meetings handwritten on agendas, and testimony before the Grand Jury. Access to Spanier was also limited by his counsel as well. Also note that information obtained from McQuery and his father were based on the Grand Jury testimony and testimony in the criminal case for determination of Sandusky’s guilt. There were many people questioned, many people spoken to, and many things not heard from the Grand Jury presentment or testimony during Sandusky’s trial. It is also important to note that the Special Investigation Task Force was employed by the Board of Trustees to uncover the truth not provided by Spanier, Curley, Paterno, or Shultz.

Briefly, it was Spanier’s job to keep the Board of Trustee informed about any worthy occurrence requiring their attention. There were repeated opportunities for Spanier and the Penn State University General Counsel Cynthia Baldwin to inform the Board of exactly what was going on that caused four executives of Penn State to testify before a Grand Jury. Neither of these people did that. There is a requirement according to the university’s by-laws that the Board should be given the right to be informed of what was going on. It was only after Sandusky had been arrested in November 2011 that all board members inquired of Spanier to tell them what was going on beyond what the news reported. Failure to do so is what resulted in Spanier’s dismissal and replacement of General Counsel. Before things had gotten out of control for Spanier, only one board member implored answers for what was going on. Spanier knew this and this was reflected in the investigation. Because the Board of Trustees failed in their duty to remain accountable to by the President Spanier, their lack of seeking out the truth to questions deeper than the generalities Spanier dispensed revealed that they had trusted him fully to keep them more than adequately informed. It was this failure to be diligent that made the Board of Trustees accountable for the pedophilia abuse that occurred on campus because they failed in their duties.

There are no emails from Paterno, but there are a good handful of exhibits that show Spanier, Curley, and Shultz did in fact actively cover up the actions of Jerry Sandusky in a Department of Public Welfare investigation in 1998 initiated by a concerned mother phoning them. Though key identities were thinly veiled with initials, not calling The Second Mile by name, and referring to the report and investigation as vaguely as possible, it is relatively clear of whom the three were discussing. In 1998, during the DPW investigation, a hireling of the university wrote a report that said the contact was not sexual and nothing further developed from it. It was then that they decided to tell Sandusky not to bring “guests” to the facility. The contact entailed Sandusky lifting a minor in the shower so “he could rinse out his ears” starting with Sandusky giving him a naked bear hug in the shower. In emails between the three, Joe Paterno was notified of the allegation and was referred to in emails as JVP.

The next year, in 1999, Jerry Sandusky announced that he would like to retire after learning from Paterno that he was not going to be considered for the head coach position of the football team. A list of demands such as access of the facilities for youth programs and personal use, a $20,000 stipend, season tickets to football games in the special club seating area, and other ticket requests, and a title reflected his position within the university in Emeritus status which he was not qualified to have. Only the President of the university could name someone emeritus if they did not qualify and Spanier promised he would do so. Thus, right up until his arrest in November of 2011, Sandusky continued going to games in invitation only club seats for football games. He also had an office several steps away from Paterno’s in which he could use for business even though he had retired. Sandusky only gave up the office space when limited space in the athletic department prompted him to do so. Sandusky enjoyed privileges not given to other retirees, $100,000 plus lump sum upon retirement and a emeritus title he was unqualified for.

In 2001, though we are aware via the criminal trial and Grand Jury presentment that abuse occurred in the shower and athletic facility well before then and after as well, another serious allegation was brought to the attention of Curley, Shultz, Paterno and then Spanier by then assistant coach Michael McQuery (refer to previous posts concerning this issue). McQuery contended as did his father at the criminal trial, that he has saw and heard sexual contact in a shower room involving Sandusky and an unidentified minor male. Though somewhat hazy as to exactly what was said when McQuery told Paterno and then Curley and Shultz, the point was made that sexual contact did in fact occur. In the emails surrounding this new accusation, Spanier is told about it and the three (Shultz, Curley, and Spanier) vaguely discussed it using a more than obvious code of initials and vague pronouns. Similarly, there are discussions concerning “JVP” but it is unclear if this happened or not due mainly to Paterno’s lack of interest in utilizing email communication. After discussing what to do, the original course of action was to report it to the DPW, police, having a conversation with Sandusky about denial of using the university’s facilities and returning his keys, and telling the president of The Second Mile what was going on. However, after discussing it further with JVP, Spanier relayed in an email that the “humane” thing to do was to hold off on reporting it to the police and DPW, but telling the president of The Second Mile the circumstance to make him aware of the abuse report. Spanier says in the email that he is willing to deal with whatever happened because of that if or when it becomes a problem for the university. The matter was laid to rest, Sandusky’s access was not hampered nor fettered in any manner by any of the four people. Between the 1998 and 2001 legal investigations, a janitor witnessed Sandusky performing oral sex on a young boy in the shower room and was terribly upset. That same janitor saw Sandusky leaving the shower facility hand in hand with another young boy whom we now know are victims who testified in the criminal case and Grand Jury presentment. The reason the janitors didn’t call police and report it were that the university orbits the athletic department and football team and that coming forward would have jeopardized their jobs at the university.

When the Grand Jury issued four subpeonas for each executive, Spanier did not bring the occurrences of 1998 or 2001 to the attention of the Board of Trustees and failed to give them adequate information about the subject of the testimony. Instead, Spanier had been convinced that he could control just how bad things could get for the university and possibly have been suffering from a bit egotistical pride, he chose only to tell the board what he told the public and did not get into any real detailed reporting even at the pressing of one Trustee to be informed post haste and transparently. That didn’t happen. The Board of Trustees were kept in the dark and only when news reports and the Grand Jury presentment was published did the board learn of exactly what the four testified and the truth became obvious. The board took immediate action, firing Paterno and Spanier and the course of action with Curley and Shultz. It was then that the Special Investigation Task Force was founded and employed by the Board of Trustees.

Not once did anyone involved in the cover-up, not Paterno, Curley, Shultz or Spanier, ever hold sympathy or concern for the boy victims that they knew about or didn’t know about. Sandusky was not relieved of his keys until after his arrest and the locks on the facilities were changed. Sandusky continued to sit in the invitation only special seating at football game up until the time he was arrested. At no point after 1998 had Jerry Sandusky been prevented from using these facilities privately. Even worse than that was that the screening process for employees of Penn State University who worked with some 20,000 youths involved in university funded camps and programs was often done after contact with children occurred. In one such a case, a person who had mentioned that no history of lawlessness involving a child occurred on the personally volunteered information form actually came back with a no clearance status for child endangerment. If it happened to one that they found, how many others have slipped through the cracks? Why aren’t children protected? Furthermore, why do employees who are whistle blowers fear for their employment if rocking the boat results in termination? The excuse for not doing the checks is “there is more pressing matters” to attend to.

The report ends with lengthy recommendations to correct the problems with the culture of Penn State, the non-compliance with laws that require proper reporting of criminal risks as detailed in the Clery Act and the fact that all other academia priorities satellite the athletic program mainly football. It remains to be seen what exact changes Penn State University makes in its culture of failing to protect children from serious harm. If the 1998 and 2001 investigations had been properly executed, the prevention of victims would have been unquestionably effective. Instead, the monster within their midst, or even as the Paterno family spokesperson released as a statement: Jerry Sandusky is a master deceiver. Through that deception, Sandusky victimized at least 11 people we have reports of including his own adopted son, Matt. The destruction of lives at the hands of Sandusky is not only terrible, but irreversible. Perhaps 441 years in prison might not be enough time to pay for murdering self esteem, self respect, and emotional development.

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