Paul Mirengoff on Powerlineblog.com has posted an article, “The Case Against Joe Paterno: Weak To Non-Existent On The Current Record” based on a letter from a lawyer friend.
He says the friend reviewed the
Freeh Report and concluded that it did not establish wrongdoing by JoePa, and “misrepresented Joe Paterno’s culpability in the Jerry Sandusky matter.”
The article says: The claim seems to be that Mr. Paterno knew about a 1998 allegation and did nothing, and that in 2001, when he learned about Mike McQueary’s information, he waited a day before he reported the information to the athletic director (Curley) and the vice president in charge of the University Police (Schultz) and then did nothing else.
It notes that regarding the 1998 incident that Sandusky was investigated by police, the district attorney and the Department of Public Welfare which found that there was no indication of child abuse.
The article says: The Freeh Report’s expression of outrage may sound compelling now, with the benefit of hindsight and the evidence that now exists about Sandusky’s criminal misconduct. But given that (1) law enforcement officials and other people investigated the 1998 incident and found no wrongdoing; (2) Seasock’s report exonerated Sandusky; (3) the District Attorney declined to prosecute the case; (4) Sandusky denied the allegations; and (5) the complete lack of evidence about Mr. Paterno’s knowledge, involvement, and actions, it is difficult to see how Mr. Paterno can be subject to ridicule because he “allowed” Sandusky to retire “not as a suspected child predator.”
Regarding Paterno’s silence after passing on what Assistant Coach Mike McQueary saw in the shower, Mirengoff’s friend says:
Furthermore, if Mr. Paterno had reported the McQueary information to me (were I, like Schultz, the official in charge of the University Police), I would have told him to keep his mouth shut going forward and let the authorities handle the matter. Otherwise, Mr. Paterno could have tainted the investigation. And, because he was a potential trial witness (to McQueary’s prior consistent statements, see Federal Rule of Evidence 801(d)(1)(B and Pennsylvania Rule of Evidence613(c)), any further statements or action by Mr. Paterno could have become cross-examination fodder for the defense. Any further action by Mr.Paterno could only have damaged the integrity of the investigation and any prosecution against Sandusky.
Indeed, Mr. Paterno explained his actions before he died by saying that “I was afraid to do something that might jeopardize what the University procedure was. So I backed away and turned it over to some other people, people I thought would have a little more expertise than I did.” Freeh Report at 77-78. This statement makes perfect sense, and the notion of a football coach supervising a criminal investigation is ridiculous. It is very possible that Curley or Schultz or both told Mr. Paterno to stay out of the matter; in fact, Schultz should have told him as much. But we don’t know because Schultz and Curley are under indictment and not talking, Paterno is dead, and the Freeh Report did not find any information about this issue.
Maybe the most damning thing from Freeh can be
found in his statement summing up the report:
Based on the evidence, the only known, intervening factor between the decision made on February 25, 2001 by Messrs. Spanier, Curley and Schulz to report the incident to the Department of Public Welfare, and then agreeing not to do so on February 27th, was Mr. Paterno’s February 26th conversation with Mr. Curley.
If the NCAA had a big more guts (and brains and heart) they might have waited until Tim Curley, who is facing perjury charges, got around to testifying as to what Joe Pa said before giving his record the
nonperson treatment.
A Defense Of Joe Paterno
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