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Endangering the welfare of children
Criminal conspiracy
Failure to report child abuse

State Attorney General Linda Kelly is expected to announce today that former Penn State University President Graham Spanier has been charged in relation to the Jerry Sandusky child sex abuse scandal, according to sources close to the investigation.
About a month ago, Graham Spanier went on a media blitz - his attorneys held a press conference, he went on several TV shows, and at that time I speculated that he would be charged within the week.  
Mr. Spanier spoke out for the first time in late August, heavily criticizing the report commissioned by Penn State and led by former FBI Director Louis Freeh in which Mr. Spanier was said to have known about allegations that Sandusky was seen abusing a boy in a football team locker room on Penn State's campus in 2001 and failed to go to authorities.

The day before Mr. Spanier made those statements to the Pittsburgh Post-Gazette, attorneys on his defense team characterized the Freeh report as a "blundering and indefensible indictment." Further, they said they didn't believe the state attorney general had a "scintilla of evidence" that could support charges similar to those faced by Mr. Schultz and Penn State athletic director Tim Curley.

Apparently there was a delay - but it appears he will be charged shortly.

A source close to the investigation has said he will be charged with perjury and obstruction of justice.  I'm surprised he isn't also charged with failure to report - but considering that charge may be thrown out for Curley and Schultz as well as a result of the statute of limitations, it might make sense.

More to details emerge.

Link to Story

4:58 AM PT: I believe there should be a press conference at noon today where Linda Kelly will make the announcement.  Will keep you posted.

6:48 AM PT:

"In addition to the charges against Spanier, who served as Penn State's president for 16 years until he was fired last November, prosecutors have also prepared new charges against former top school officials who have already been indicted, ex-athletic director Tim Curley and ex-vice president Gary Schultz, who oversaw the state police."

7:52 AM PT: I believe they will carry it here at noon:

8:29 AM PT: Sorry, the previous one required a subscription - I believe centre daily times will carry it as well here:

8:56 AM PT: One more link just in case - live stream

My rough notes - haven't even spell checked -

New criminal charges filed against three former top administrators at Penn State University as a result of the ongoing investigation of Jerry Sandusky.

This case is about three powerful and influential men who held positions at the very top of one of the most prestigious universities in the nation – used their positions to conceal and cover up – allowed free use of university facilities and repeatedly obstructed attempts by law enforcement to gather information

Not a mistake
Not an oversight
Not misjudgment

Conspiracy of silence – total disregard for children.

Two of the sexual assaults for which Sandusky was convicted relevant May 3, 1998 reported by victim’s mother to university park police the very next morning.  

Victim 6

February 9, 2011, Grad asst football coach mm went to his locker in the laish building Friday night – assaulted young boy in the coaches locker room shower.

Investigation has established that spanier Schultz and curley were informed of both of these incidence and they had knowledge as early as the 1998 incident.

Hand written notes
Law firm billing records

All three well aware of 1998 involving victim 6 and 2001 incident witnessed by mm.  deliberately engaged in a pattern of behavior that showed the absolute disregard – turned a blind eye to the serial predatory acts of jerry Sandusky when they all knew that children were the vicitms of this assult.

Even though they were aware of the strikingly similar 1998 shower incident made no report to law enforcement or any other agency of the 2001 incident.

In fact, did not even meet with McQueary until over a week after
Engaged in a series of emails among themselves – when they did sit down with McQueary they didn’t ask a single question, just listened, all the while knowing about the 1998 incident.

One of the many emails mentioned in the presentment Feb 27, 2001, curley to Schultz and spanier – masking the true meaning of the topic of the email –

Sandusky – individual or person
Second mile organization
1998 investigation the first situation
Most tellingly he refers to the victims as sandusky’s guests

Curley seems to be seeking approval from spanier, I need some help on this one – spanier responds and says that approach was acceptable but they could become vulnerable for not having reported it.

GJ attempts to acquire documents and evidence from Penn State thwarted from 2010 and 2011

These emails and the actions of these three men show callous lack of concern for 2001 who they did not attempt to identify – shielded jerry Sandusky from publicity and criminal access – endangered the welfare of children.

Courageous behavior of the victims
Cowardly acts committed by these three defendants

Consequences – if they had done what they were supposed to do and legally required to do, several young men may not have been attacked and the predator may have been neutralized.

The law applies to everyone.  

Arraignment tomorrow in Harrisburg

9:29 AM PT: Link to grand jury presentment

Originally posted to TreeClimbers on Thu Nov 01, 2012 at 04:01 AM PDT.

Also republished by House of LIGHTS.

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Comment Preferences

  •  two felonies. (11+ / 0-)

    Each is worth about five years.  I'd guess he gets five years in total.  And while that doesn't equal the magnitude of the crimes, it will certainly have both punitive and deterrent value.

    Also notice what happened with that BBC personality who, it has recently been discovered, has a trail of raped kids behind him that's if anything longer than Sandusky's.  Now that the word is out about that guy, Great Britain is going through its own version of "how could this have happened here?!"

    Sandusky and his enablers here, and the BBC guy and his enablers over there, are adding up to both countries getting their collective noses rubbed in the reality of child sexual abuse, to the point where it's almost certain that there will be new legislation passed.  

    Assuming Obama gets re-elected, I would expect to see comprehensive mandatory reporting passed in the US within two years.  

    "Minus two votes for the Republican" equals "plus one vote for the Democrat." Arithmetic doesn't care about their feelings either!

    by G2geek on Thu Nov 01, 2012 at 04:26:41 AM PDT

    •  I think 5 years is very optimistic (7+ / 0-)

      My guess is no more than 6 months in the clink, with the rest suspended. The rich and powerful only get jail when they steal from the rich and powerful.

      Revenge is a dish best served on White House china.

      by RickBoston on Thu Nov 01, 2012 at 04:30:03 AM PDT

      [ Parent ]

      •  i guess we'll see. (9+ / 0-)

        Sandusky himself was among the powerful: more famous than rich, but rich enough.  Now he's all set to leave prison in a pine box, some day long after his existence has been generally forgotten.

        Spanier should have known that the proverbial jig was up, when Freeh's report came out.  When a former Director of the FBI makes accusations, there's a damn good chance he has enough on someone to convict them up, down, and sideways.

        Buh-bye, Mr. Spanier!

        It would be cosmic justice if they were either cellmates or across the hall from each other.

        "You should have been more discrete!"

        "You should have kept your mouth shut!"

        "Oh shut up!"

        "No, you shut up!"


        "Minus two votes for the Republican" equals "plus one vote for the Democrat." Arithmetic doesn't care about their feelings either!

        by G2geek on Thu Nov 01, 2012 at 04:44:23 AM PDT

        [ Parent ]

        •  Freeh's poor record (1+ / 0-)
          Recommended by:
          sunny skies

          "When a former Director of the FBI makes accusations, there's a damn good chance he has enough on someone to convict them up, down, and sideways."

          Well, Freeh built a case around Richard Jewell being the Atlanta Olympics bomber, and was way off base with that one.

          And how about his FIFA investigation against one of the candidates for president of that international soccer organization? Wrong there, too.

          Freeh's entire probe of the PSU athletic department is based on three out-of-context emails -- two of which apparently had nothing to do with Sandusky.

          It's easier to blame a dead football coach than a handful of sitting Board of Trustees members -- especially when those board members commissioned the report and threw $6.5 million at Freeh.

          If you want to know who protected Sandusky, follow the money -- from the Second Mile to then attorney general and now governor Corbett.

          •  much has happened since the... (1+ / 0-)
            Recommended by:
            Oh Mary Oh

            ... Atlanta bombing, and even the anthrax attack, both of which were low points in federal law enforcement.

            Few things focus one's concentration like the sight of airliners slamming into buildings.  In recent years the Bureau's track record is something like 15/15 for catching would-be bombers who would otherwise have committed mass casualty attacks.  I don't know the specific numbers for rounding up people engaged in child pornography, but in the last year or two I can think of a few instances that each have involved dozens of arrests.  

            The stakes are higher in this new world of ours, and the lessons learned will not soon be forgotten.

            Get a call from GOP GOTV? Talk their ear off! Keep 'em busy! Plus one long call to a progressive = minus two or three calls to undecideds!

            by G2geek on Thu Nov 01, 2012 at 07:09:10 AM PDT

            [ Parent ]

          •  Freeh was a very ambitious man. nt (0+ / 0-)

            Might and Right are always fighting, in our youth it seems exciting. Right is always nearly winning, Might can hardly keep from grinning. -- Clarence Day

            by hestal on Thu Nov 01, 2012 at 07:23:23 AM PDT

            [ Parent ]

  •  What I find interesting is the OOJ charge (8+ / 0-)

    Obstruction of justice leads me to believe that there may have been some document shredding going on - or trying to wipe systems clean, etc., in other words hiding what he knew when...

    This will be interesting to watch unfold.

    I fear they will try to settle which means a LOT of questions go unanswered...and these are questions that need to be answered.

    "...I am the master of my fate/I am the captain of my soul" Invictus - William Ernest Henley Please donate to TREE Climbers, our 501(c)(3).

    by Roxine on Thu Nov 01, 2012 at 04:54:56 AM PDT

  •  Roxine thanks so much (7+ / 0-)

    My iPhone is my only source for news, still, after Sandy. DKos has been keeping me sane... Even though it takes about 15 minutes to write a comment. I really want to follow the outcomes of ALL of those rat bastards , and there's nothing on the local radio, especially not in depth like this article. Without your diary, I'd never have heard about this today. Hugs and thanks! I won't be commenting much, but I will be reading.

    Luminous beings are we, not this crude matter. ~ Yoda Political Compass: -8.50, -6.46

    by Cinnamon on Thu Nov 01, 2012 at 05:44:00 AM PDT

    •  Sorry to hear you're suffering as a result of the (4+ / 0-)

      storm.  Do you need anything?  If you guys need a reprieve, my home is open to you.  Just a short 3 hour drive if you need some sanity...(and by sanity I mean access to hot showers and cable!  LOL)

      Let me know - you have my number.

      "...I am the master of my fate/I am the captain of my soul" Invictus - William Ernest Henley Please donate to TREE Climbers, our 501(c)(3).

      by Roxine on Thu Nov 01, 2012 at 06:02:33 AM PDT

      [ Parent ]

      •  We're fine for now. (5+ / 0-)

        But thank you so much for the offer! My parents have power and only live a half hour away so we went there yesterday to charge up the kid's electronics. Fortunately we have water and gas for bathing and cooking, and a wood burning fireplace for heat. My daughters school opened this morning, which finally gives me a break from having to get her through it with her anxieties... The normalcy will do us all a lot of good.

        Junkie that I am, I miss my internets !!!

        Luminous beings are we, not this crude matter. ~ Yoda Political Compass: -8.50, -6.46

        by Cinnamon on Thu Nov 01, 2012 at 06:22:01 AM PDT

        [ Parent ]

  •  There is a big political element to this (6+ / 0-)

    so much so that I would not at all be surprised if the other two cop a plea in return for testimony. One is already dying of cancer.

    When I read from impartial defense attorneys that there was little chance of the charges sticking against Curley and Schultz, I thought the target was spanier all along.

    He and the former attorney general now governor are huge political enemies. In fact, there are probably no two bigger political enemies in the whole state, as their war about the future of higher education played out daily in the newspapers, with the gov. wanting to cut funding by 50%.

    There are two kinds of people in this world. The kind who divide the world into two kinds of people, and the kind who don't.

    by upstate NY on Thu Nov 01, 2012 at 05:51:14 AM PDT

  •  My initial thought was that I wouldn't believe it (3+ / 0-)
    Recommended by:
    Roxine, Oh Mary Oh, Avilyn

    ....until the Patriot-News reported it, and now they are, but only based on the Post-Gazette which hasn't been well-wired about this story at all.  So I still wouldn't be entirely surprised if they lay a big egg on this one.

    You know, I sometimes think if I could see, I'd be kicking a lot of ass. -Stevie Wonder at the Glastonbury Festival, 2010

    by Rich in PA on Thu Nov 01, 2012 at 06:20:30 AM PDT

    •  See update - apparently new charges coming out (4+ / 0-)

      against Curley and Schultz as well - I'm thinking Obstruction of Justice - if you may recall, there was a story out there about Gary Schultz's "secret file" and that it was found in his house after his assistant removed it from his office and brought it to him.

      My gut feeling is they may have been trying to destroy evidence which would lead to an obstruction of justice charge.

      I will post the link to the live press conference as soon as I get it as an update.

      Link to story

      "...I am the master of my fate/I am the captain of my soul" Invictus - William Ernest Henley Please donate to TREE Climbers, our 501(c)(3).

      by Roxine on Thu Nov 01, 2012 at 06:51:17 AM PDT

      [ Parent ]

  •  The timing -- purely political (1+ / 0-)
    Recommended by:
    sunny skies

    Why now, when they could have charged him last last year?

    Perhaps it has to do with the election being next week and Gov. Corbett's handpicked candidate for state attorney general is trailing Kane in the polls.

    Kane has threatened to investigate Corbett's role in the coverup -- when, as attorney general, he sat on the evidence for three years, collecting campaign contributions from Sandusky's Second Mile charity, until after he was elected governor.

    The new "evidence" against Spanier is the same out-of-context email that the flawed Freeh Report cited ... along with the other email (about "Jerry," which turns out to be about former basketball coach Jerry Dunn and NOT Jerry Sandusky).

  •  Roxine, thanks for keeping up with this. (4+ / 0-)

    "I believe more women should carry guns. I believe armed women will make the world a better place. Women need to come to think of themselves not as victims but as dangerous." Anna Pigeon

    by glorificus on Thu Nov 01, 2012 at 06:22:20 AM PDT

  •  So far as I know, Spanier still has tenure as (3+ / 0-)
    Recommended by:
    Roxine, Avilyn, Cassandra Waites

    a professor in the Sociology Department.  I have no idea whether he's guilty of these new charges, if that's what they are.  But it seems like he and the University should have parted ways a long time ago.

    You have exactly 10 seconds to change that look of disgusting pity into one of enormous respect!

    by Cartoon Peril on Thu Nov 01, 2012 at 07:25:59 AM PDT

  •  Just reading the tea leaves here - but perhaps (3+ / 0-)
    Recommended by:
    Avilyn, Cassandra Waites, Tinfoil Hat

    the "new charges" will stem from what happened in the Catholic Church/Monsignor Lynn case - where Monsignor Lynn was found guilty and convicted on charges of endangering the welfare of a child -

    Under the Pennsylvania criminal statute of limitations laws, a host of sexual offenses, plus endangering the welfare of children, corruption of minors and indecent exposure have a 12 year statute of limitations. For these acts, the statute of limitations doesn’t begin until the minor is 18.

    Assuming the failure to report charges are dropped (10 year statute of limitations) they could all be charged with endangering the welfare of a child as precedence was set earlier this year.

    "...I am the master of my fate/I am the captain of my soul" Invictus - William Ernest Henley Please donate to TREE Climbers, our 501(c)(3).

    by Roxine on Thu Nov 01, 2012 at 07:35:39 AM PDT

  •  The presentment is so difficult to read... (0+ / 0-)

    particularly the child endangerment section...

    The continued cover up of this incident and the ongoing failure to report placed every minor male child who would come into contact with Sandusky in the future in grave jeopardy of being abused.  The actual harm realized by this wanton failure is staggering.  For example, a jury has convicted Sandusky of various sexual offenses for the following victims:

    Victim 1, between the years 2005 and 2008

    Victim 2 for the 2001 assault witnessed by McQueary

    Victim 3, who was abused between 1999 and December of 2001 (during the same time as the Victim 2 assault).

    Victim 5, who was abused in the Lasch Building in August of 2001, several months after Curley had supposedly "banned" Sandusky from bringing children on campus

    Victim 9, between the years 2005 and 2008

    The debth of abuse and number of victims may never be fully realized.  The Grand Jury witnessed firsthand the devastating effects of Sandusky's abuse on his victims.  We find that Spanier, Curley, and Schultz had an ongoing duty to report this behavior and the overall supervisory responsibility for minor children they knew to frequent the campus with Sandusky.  Their failure to report Sandusky to authorities from 2001 through 2011 directly endangered Victims 1, 2, 3, 5 and 9 and allowed Sandusky to abuse them between 2001 and 2008.

    "...I am the master of my fate/I am the captain of my soul" Invictus - William Ernest Henley Please donate to TREE Climbers, our 501(c)(3).

    by Roxine on Thu Nov 01, 2012 at 11:35:05 AM PDT

  •  So very glad to hear this. (0+ / 0-)

    Spanier should definitely have to face the music.  He's the one most responsible for the whole cover-up in the first place.  

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