We Are ... Horrified

[Scuzz]

That's not helping your side at all.

But when you call it "horsing around", it's ok.

The best I can figure is that he's trying to increase the chances someone kills him before this goes to trial. Nothing else makes sense.

Dan Patrick on his sports talk show pointed out that the term "horsing around" is what Paterno used when he "reported" the incident. I don't know if that is true or not though as I didn't read the grand jury testimony.

[Scuzz]

I can understand a guy disregarding his lawyer's advice and trying to speak in his own defense, I can see getting that frustrated at seeing your character being dragged through the mud with no one speaking up for you. What I can't understand is a guy saying in his own defense "Yeah I did some of that stuff they say I did, just not the parts that are illegal."

That's not helping your side at all.

The lawyer is saying he recommended it.

But this? This right here?

BOB COSTAS:
Are you sexually attracted to young boys, to underage boys?

JERRY SANDUSKY:
Am I sexually attracted to underage boys?

BOB COSTAS:
Yes.

JERRY SANDUSKY:
Sexually attracted, you know, I enjoy young people. I love to be around them. But no I'm not sexually attracted to young boys.

That's not helping.

Costas was on Dan Patrick's show this morning. They both work for NBS Sports. Costas said he had an appointment to interview the attorney, and 15 minutes before that was to happen the attorney called and asked if Costas would like to interview Sandusky. He said '"yes"!

[Scuzz]

1. Sandusky going on the radio suggests either a complete failure of client control or very bad judgment by the lawyer.

2. The lawyer's background with a 16-year-old girl (and it's not clear to me, from what I've read so far, whether the girl was a client at the time) is troublesome, particularly when combined with the lawyer's very odd rhetoric in support of his client. The lawyer's statements to the press are, from a defense attorney standpoint, difficult to explain.

3. Note that even if Sandusky WERE innocent of EVERYTHING, it is undisputed that there were REPORTS of inappropriate contact between him and kids, and it's clear that Penn State's response to those reports was pathological, unprofessional, and reckless.

I have seen it reported that the girl was a client. He married her several years later when she was pregnant with their "2nd" child.

[GungHo]

1. Sandusky going on the radio suggests either a complete failure of client control or very bad judgment by the lawyer.

2. The lawyer's background with a 16-year-old girl (and it's not clear to me, from what I've read so far, whether the girl was a client at the time) is troublesome, particularly when combined with the lawyer's very odd rhetoric in support of his client. The lawyer's statements to the press are, from a defense attorney standpoint, difficult to explain.

3. Note that even if Sandusky WERE innocent of EVERYTHING, it is undisputed that there were REPORTS of inappropriate contact between him and kids, and it's clear that Penn State's response to those reports was pathological, unprofessional, and reckless.

I have seen it reported that the girl was a client. He married her several years later when she was pregnant with their "2nd" child.

Yeah sounds like as soon as they're done with Sandusky they can move on to his lawyer.

[gameoverman]

I just read the details on how that interview went down. Holy shiat! It's unbelievable. Like leading a lamb to the slaughter, if the lamb was actually a wolf in sheep's clothing.

[Smoove_B]

If you want to see just how insane this all is, Deadspin (part of the Gawker network) just published a timeline of the events surrounding the case.

[Peacedog]

On July 21st, 2011 JoePa transferred full ownership of his 600k house to his wife for $1. When did he testify to the Grand Jury again?

[hepcat]

Something like that I'm not going to read too much into. However, I will say I'm surprised at the modest size of that house...especially for someone as prominent in that area as JoePa.

edit: my ignorance of precedents in instances like this is great as I've seen a few articles since posting this that specifically state how uncommon this is. I stand corrected.

[GreenGoo]

Something like that I'm not going to read too much into. However, I will say I'm surprised at the modest size of that house...especially for someone as prominent in that area as JoePa.

Well, the timing is odd. But it doesn't actually mean anything useful. At worst he is preparing to be sued into oblivion and is taking steps to retain some of his wealth (assuming the wife's assets are untouchable). Shrug. Seems a smart move no matter how this plays out.

[Teggy]

There were unaired parts of the interview that were even worse:

http://www.nydailynews.com/sports/colle ... e-1.977730

In terms of -- my relationship with so many, many young people. I would-- I would guess that there are many young people who would come forward. Many more young people who would come forward and say that my methods and-- and what I had done for them made a very positive impact on their life. And I didn't go around seeking out every young person for sexual needs that I've helped. There are many that I didn't have-- I hardly had any contact with who I have helped in many, many ways.

Say what?

[ImLawBoy]

Why is the gotcha media focusing on the kids he abused, when there are literally billions of kids out that there Sandusky did not rape?

[LawBeefaroni]

Isn't repeating the question a sign of a lie about to arrive? I think I read something about that.

I was out with a friend last night. He's a cop and did undercover narcotics for a long time and has interrogated a large number of people. That was the first thing he said to me when the subject came up, that as soon as Sandusky repeated the question he figured he was lying.



On the plus side of all this, there has been a surge in abuse victims (I guess "alleged victims" ) coming forward in completely unrelated incidents. The fact that there have been consequences in this case, unlike many of the Church cases, has encouraged and emboldened victims.

A few somewhat related ones are pretty damning too:

A Phoenix, Ariz., man told a Capitol press conference today that he was abused by a Penn State professor and two other men while he was a child, from 1977 through 1981. The incidents occurred in four states, including Pennsylvania.

Paul McLaughlin said that 20 years later, as part of his recovery, he reported the alleged abuse to university officials but they declined to investigate his charges. McLaughlin said he was unable to pursue any other legal avenues because the statute of limitations on the alleged crimes had expired.

[LawBeefaroni]

Say what?

To make an omelette...

[hepcat]

On the plus side of all this, there has been a surge in abuse victims (I guess "alleged victims" ) coming forward in completely unrelated incidents. The fact that there have been consequences in this case, unlike many of the Church cases, has encouraged and emboldened victims.

My only concern is that they make sure to validate these claims carefully. Jordan, Minnesota isn't just a song by Big Black.

[LawBeefaroni]

My only concern is that they make sure to validate these claims carefully. Jordan, Minnesota isn't just a song by Big Black.

I don't think it's reaching the levels of hysteria, but yes, they should all be evaluated on their own merits, not on those of the Sandusky case.

[Peacedog]

1984 US Women's Gymnastics coach Don Peters suspended FOR EVER from gymnastics. Stands accused a sexually abusing two gynmnasts in the 80s. One was 18 (so, uh, isn't that just rape? I confused), one was 16 (dunno what age of consent was in Cali at the time but I'm guessing above 16). The Statute of Limitations has run out on the crimes according to the articles.

[LawBeefaroni]

Updated at 4:05 p.m. ET: A new judge has been assigned to handle the case, AP reports. The Administrative Office of Pennsylvania Courts said Robert Scott, a senior district judge in Westmoreland County, would take over the case after Centre County court officials sought an out-of-county jurist.

The case had been assigned to District Judge Leslie Dutchcot, who donated to The Second Mile in 2009. She set Sandusky's bail at $100,000, unsecured.

[LordMortis]

Updated at 4:05 p.m. ET: A new judge has been assigned to handle the case, AP reports. The Administrative Office of Pennsylvania Courts said Robert Scott, a senior district judge in Westmoreland County, would take over the case after Centre County court officials sought an out-of-county jurist.

The case had been assigned to District Judge Leslie Dutchcot, who donated to The Second Mile in 2009. She set Sandusky's bail at $100,000, unsecured.

Here's what I don't get. You'd think District Judge Leslie Duchcot, who donated to the The Second Mile in 2009, would be incensed at the possibility of being taken in by Sandusky rather than being sympathetic to him. Short of that, you'd think she'd want to recuse herself to as not to get caught in the wake.

[Arcanis]

1984 US Women's Gymnastics coach Don Peters suspended FOR EVER from gymnastics. Stands accused a sexually abusing two gynmnasts in the 80s. One was 18 (so, uh, isn't that just rape? I confused), one was 16 (dunno what age of consent was in Cali at the time but I'm guessing above 16). The Statute of Limitations has run out on the crimes according to the articles.

Similarly there is soon to be Olympian Kayla Harrison's story about her coach sexually abusing her as a teen. He is currently serving 10 years as part of his plea deal.

[Toe]

I really don't understand why this type of crime has a statute of limitations on it. So many kids being abused repress this type of stuff till much later in their lives. The way it is currently really favors these monsters.

[noxiousdog]

I really don't understand why this type of crime has a statute of limitations on it. So many kids being abused repress this type of stuff till much later in their lives. The way it is currently really favors these monsters.

At some point the evidence is too old to convict someone beyond a reasonable doubt.

[gameoverman]

Yeah, if it's a he said/she said, or he said/he said, or she said/she said case then details are going to matter. It's going to be important that someone can say exactly what happened. How are you going to do that about stuff that happened 35 years ago?

[Toe]

I really don't understand why this type of crime has a statute of limitations on it. So many kids being abused repress this type of stuff till much later in their lives. The way it is currently really favors these monsters.

At some point the evidence is too old to convict someone beyond a reasonable doubt.

How do you know?

What if a guy rapes a kid and takes pictures/films it? Sure you could get him on other charges, but nothing a severe as the initial crime.

[Paingod]

I really don't understand why this type of crime has a statute of limitations on it. So many kids being abused repress this type of stuff till much later in their lives. The way it is currently really favors these monsters.

At some point the evidence is too old to convict someone beyond a reasonable doubt.

How do you know?

What if a guy rapes a kid and takes pictures/films it? Sure you could get him on other charges, but nothing a severe as the initial crime.

If he's still got the pictures, you could bag him for possession... but not for the act, eh? Seems so odd.

[Holman]

So now there's a Syracuse basketball coach under investigation.

I'm enrolled as a grad student, so I received the following email from the university Chancellor/President:

Spoiler:

Dear Students, Faculty & Staff,

Last night, we were contacted by an ESPN television reporter regarding allegations dating back to the 1980’s and 1990’s that Associate Head Men’s Basketball Coach Bernie Fine had engaged in inappropriate behavior with a minor, now 39. Following the terrible news that came out of Penn State in the last several weeks, this is clearly distressing to all of us in the Syracuse University community. The news is already being covered widely by the media.

I want to tell you what we know and what we are doing about it.

First, as has been announced, Bernie Fine has been placed on administrative leave pending a new investigation by the Syracuse Police Department. He has vehemently denied the allegations and should be accorded a fair opportunity to defend himself against these accusations.

As we have communicated publicly in response to media inquiries, in 2005, Syracuse University was contacted by an adult male who asserted that he had reported allegations in 2005 of abuse in the 1980’s and 1990’s to the police. That same individual told us that the Syracuse City Police had declined to pursue the matter because the statute of limitations had expired.

On hearing of the allegations, the University immediately launched its own comprehensive investigation through its legal counsel. The nearly four-month-long investigation included a number of interviews with people the individual said would support his claims. All of those identified by him denied any knowledge of wrongful conduct by the associate coach. At the end of the investigation, as we were unable to find any corroboration of the allegations, the case was closed. Had any evidence or corroboration of earlier allegations surfaced—even if the Police had declined to pursue the matter —we would have acted.

As of last night, we became aware that the Syracuse Police have determined to open an investigation, and we will cooperate to the fullest extent with their review of the matter.

Let me be clear. We know that many question whether or not a university in today’s world can shine a harsh light on its athletics programs. We are aware that many wonder if university administrations are willing to turn a blind eye to wrongdoing that may disrupt a successful sports program. I can assure you I am not, and my fellow administrators are not. We hold everyone in our community to high standards and we don’t tolerate illegal, abusive or unethical behavior—no matter who you are.

As you know, this week, I affirmed Syracuse University’s steadfast belief that all of us have the responsibility, individually and collectively, to ensure that Syracuse University remains a safe place for every campus community member and everyone with whom we interact on a daily basis on campus or in the community as part of our learning, scholarship, or work. We do not tolerate abuse.

The dilemma in any situation like this, of course, is that—without corroborating facts, witnesses or confessions —one must avoid an unfair rush to judgment. We have all seen terrible injustices done to the innocent accused of heinous crimes. And we’ve all seen situations where the guilty avoid justice.

At this time, all we really know is that a terrible tragedy is unfolding for both the accuser and the accused. I want you to know that we will do everything in our power to find the truth, and —if and when we do find it—to let you know what we have found.

Sincerely,

Nancy Cantor

[Zaxxon]

Gah! Nancy Cantor, former Chancellor of my alma mater and devil-banshee!

Sorry; carry on.

[Zaxxon]

And the lawsuits have started.

[LawBeefaroni]

Sandusky arrested on new charges.

STATE COLLEGE, Pa. – Ex-Penn State football coach Jerry Sandusky was arrested and arraigned Wednesday on new sex-abuse charges brought by two new accusers, the state attorney general's office said.

The charges were brought after new accusers were questioned by a grand jury following Sandusky's arrest last month. One alleged victim claims he was assaulted after meeting Sandusky in 1997 and the other claims he was assaulted in 2004.

...


The new charges include four counts of involuntary deviate sexual intercourse and two counts of unlawful contact with a minor, all of them first-degree felonies punishable by up to 20 years in prison and $25,000 in fines.

According to local radio, he was released on $250K bail and an ankle monitor. No word on whether the judge was his lawyer.

[GreenGoo]

No word on whether the judge was his lawyer.

Heh.

[Paingod]

I was thinking about this on the way to work today, and I can think of one possible cause for his lawyers allowing him to speak publicly.

It's some kind of pre-emptive diffusion attempt at his own words to others from the past. One wonders how many people he told over the decades this was going on "I love kids" or "I love little boys" - and everyone he ever talked to is being interviewed and may be called as a witness. By filtering this "explaination" of his love, it might help his defense when the time comes.

I really don't know. It's all just so very wrong - whether allegations are true or not, something seriously uncool has happened.

[LawBeefaroni]

Fine gets off due to statue of limitations.

(AP) SYRACUSE, N.Y. - A county district attorney who has sharply criticized police and Syracuse University for their handling of sex-abuse allegations against an assistant basketball coach said Wednesday that he cannot bring charges but found that two men who accused him of sexual abuse are credible.

There's a third victim that may result in charges though.

Tomaselli's claims fall within federal statutes of limitations and are being investigated by the U.S. Secret Service.

[Odin]

Sadly, Tomaselli's claim is the least credible of the three.

DA Fitzpatrick: Zach Tomaselli's story about Bernie Fine doesn't add up

[BooTx]

Is there a statute of limitations on civil cases?

[Peacedog]

Real Sports recently did a segment on Bob Hewitt, famed South African doubles star. 3 Girls he trained as a coach accused him of sexual abuse, starting when they were 12-14.

[Odin]

Sadly, Tomaselli's claim is the least credible of the three.

DA Fitzpatrick: Zach Tomaselli's story about Bernie Fine doesn't add up

Moreover, this Fox Sports article does a good job of outlining how the media blew the Fine case into a much bigger thing than it otherwise would have been. It doesn't try to defend his innocence, just examines the way public opinion on modern criminal cases is heavily influenced by a media system that makes its decisions about what to report based on what will garner ratings, rather than the truth of the case's particulars.

[LawBeefaroni]

Other news, Graham James plead guilty yesterday.

Theo Fleury, who is goddamned awesome, fired away. Kind of universally applicable sentiments.

Fleury told reporters at a Calgary news conference Wednesday that he "feels great" but expressed disappointment with the ongoing sexual abuse of children.

"When are we going to finally take a look at this and say, 'Enough is enough,' " he said.

"Are our children worth nothing? Is their safety worth nothing?

"Then we have politicians that stand on podiums asking for our votes, and what are they doing about protecting our children? Nothing.

"This is a call to action on behalf of the eight million survivors of childhood rape, and to all Canadians: this epidemic has to stop now."

...
Fleury criticized the Canadian justice system for how it has handled James.

"It's just unbelievable for me when I think about what happened and that he was granted a pardon," Fleury said.

"Then he was allowed to leave the country, go to Mexico, and who knows what he was doing in Mexico. Then he comes back, they give him bail so he can continue his behaviour in Montreal.

"When he gets out of jail, he's going to do it again."

Fleury said it took him 27 years to finally feel comfortable in his own skin.

"Rape is rape and taking away somebody's innocence should be life imprisonment," he said.

[Mr. Fed]

I just have to say -- Jerry Sandusky's lawyer is on the ball here. In our culture everyone thinks that if the media accuses you it's guilty or everything but, sex crimes especially. It's an inescapable taint. Jerry Sandusky's lawyer is trying to tell you it would be pulling a huge boner to jump to that conclusion. Think long and hard before you decide on guilt or innocence, and try to reach around your heart for some appreciation of reasonable doubt. I know everyone wants Sandusky stripped of money, shot at dawn, and otherwise abused, but that's not right. We have due process in this country, and someone is trying to impede it, and you can bet that Sandusky's lawyer will get to the bottom of it.

[Biyobi]

With solid lawyering like this behind him I have the feeling that Jerry is going to get the chair.

[msduncan]

Masterful.

[LawBeefaroni]

Masterful.

I assure you, they have top men working on his defense. Top men.

A new attorney, Karl Rominger, recently joined up with Jerry Sandusky's defense team, and he's starting to make Lawyerin' Joe Amendola, Sandusky's blundering counsel, look like Larry Tribe.

Rominger did an interview with ABC 27 in Harrisburg, and he gave the most odious explanation yet for Jerry Sandusky's showering with young boys. He says Sandusky was trying to help, because these kids didn't know how to lather up.

Some of these kids don't have basic hygiene skills. Teaching a person to shower at the age of 12 or 14 sounds strange to some people, but people who work with troubled youth will tell you there are a lot of juvenile delinquents and people who are dependent who have to be taught basic life skills like how to put soap on their body.