Joe Paterno's Family Releases It's Own Report critical of Freeh Report

[J. J. in Phila]

PSU/NCAA response to the latest Paterno filing: http://www.pennlive.com/midstate/in...ncaa_ask_court_to_t.html#incart_river_default

 

[J. J. in Phila]

Jay Paterno's nominating petitions are being challenged: http://www.pennlive.com/midstate/in...sburg_councilman_says_hel.html#incart_m-rpt-1

The hearing for this will be on 3/31: http://www.centredaily.com/2014/03/22/4098672/commonwealth-court-will-hear-rivals.html

 

[J. J. in Phila]

And Jay Paterno withdraws from the Lt. Governor's race: http://www.pennlive.com/midstate/in..._bows_out_of_race_f.html#incart_river_default

 

[Reader]

NCAA: Paternos trying to ‘rewrite history,' consent decree is a 'resounding success'

The Paterno family and its supporters are asking to “rewrite history” in their bid to have sanctions levied against Penn State overturned and the consent decree that authorized them voided, the NCAA argued in a court filing Tuesday.

The legal memo, filed in Centre County Court, is in response to arguments the Paterno family made last month in its ongoing lawsuit against the NCAA.

Paterno family attorneys have argued the NCAA bypassed its own rules when it penalized Penn State for the Jerry Sandusky scandal. They have also criticized the Freeh report, the university’s internal investigation, which implicated top university officials with covering up child sexual abuse allegations.

NCAA attorneys Tuesday called the consent decree that authorized the sanctions a “resounding success,” and said nothing has come out publicly to shake confidence in the Freeh report “other than the purposed findings of paid consultants working at the direction of the Paterno estate.”

Read more here: http://www.centredaily.com/2014/05/06/4167153/ncaa-paternos-trying-to-rewrite.html#storylink=cpy

 

[J. J. in Phila]

While this is only one side, the NCAA/PSU is specifically claiming in a filing that the Paternos are attempting to use discovery for public relations purposes: http://co.centre.pa.us/centreco/med...garding Joint Motion for Protective Order.pdf

 

[J. J. in Phila]

Jay Paterno and Bill Kenney have now filed a separate federal suit against PSU: http://www.pennlive.com/midstate/index.ssf/2014/07/jay_paterno_files_suit_against.html#incart_river

 

[J. J. in Phila]

Jay Paterno released his book.

Alumni response to his suit (and the timing of his book release) has been decidedly cool.

 

[Reader]

SON: JOE PATERNO FEARED WRONGLY ACCUSING SANDUSKY

http://bigstory.ap.org/article/son-joe-paterno-feared-wrongly-accusing-sandusky

HARRISBURG, Pa. (AP) — Former Penn State football coach Joe Paterno told his son the day after his firing that he hadn't informed the coaching staff about allegations Jerry Sandusky may be a child molester because he was unsure whether they were true, Jay Paterno writes in a new book.

Running down right now to buy it......

:laughing:

 

[J. J. in Phila]

According to a released letter, Joe Paterno was "one of the primary targets of the investigation." https://docs.google.com/file/d/0B7XMvBRjdt05WVppU3JBcWF6OGM/edit

 

[Steely Dan]

SON: JOE PATERNO FEARED WRONGLY ACCUSING SANDUSKY

http://bigstory.ap.org/article/son-joe-paterno-feared-wrongly-accusing-sandusky



Running down right now to buy it......

:laughing:

Oh please, he didn't hear the phone call recording!? :banghead:

 

[J. J. in Phila]

Here is the information on the status of being a "target" in a federal investigation.

A "target" is a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant. An officer or employee of an organization which is a target is not automatically considered a target even if such officer's or employee's conduct contributed to the commission of the crime by the target organization. The same lack of automatic target status holds true for organizations which employ, or employed, an officer or employee who is a target.

A "subject" of an investigation is a person whose conduct is within the scope of the grand jury's investigation.



http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/11mcrm.htm#9-11.151

I think this is big.

 

[BigCat]

According to a released letter, Joe Paterno was "one of the primary targets of the investigation." https://docs.google.com/file/d/0B7XMvBRjdt05WVppU3JBcWF6OGM/edit

The FBI is still investigating is how I understand that letter.

 

[J. J. in Phila]

The FBI is still investigating is how I understand that letter.

There is subpoena released showing they were looking at the PSU 3 and payments any BoT member made to PSU. They want the PSU 3's hard drive.

Here is the subpoena: http://www.psu.edu/ur/2012/openness/DOJ_subpoena.pdf

 

[J. J. in Phila]

They are looking at payments from BoT member to PSU from 1/1/98. Hush money? ? ?

Yikes!

 

[BigCat]

Further proof, I believe, that the PSU leadership made a wise decision to accept the NCAA penalties. Who can say with any certainty that there isn't more damaging information still out there? It's in the best interest of the university to get these investigations over with as quickly as possible and move on.

 

[J. J. in Phila]

As you are aware, I am in the Alumni Association. I read on an alumni website that a paper is expected to be printed on the subject, within the next 5-6 weeks. The NCAA could have suspended all sports at PSU if this went through a hearing process, according to the person who wrote it.

 

[J. J. in Phila]

New, long, and complex Ruling in the Paterno et al. lawsuit: http://co.centre.pa.us/centreco/media/upload/PATERNO VS NCAA OPINION AND ORDER 9 10 14.pdf

The only things that I can get out of it, and I'm waiting for lawyers to weight through it, is that most of the defendants are tossed, civil conspiracy is gone, and the Paterno's have to file a second amended complaint.

 

[J. J. in Phila]

Here is my take on the suit:

1. Paterno estate of Count I; they cannot claim that the consent decree impacted him in terms of the NCAA rules.

Count I was the Breach of Contract between the NCAA and Clemmons/Paterno Estate

2. Clemmons is out of Count I.

3. Civil Conspiracy, Count V, is out.

4. Only Paterno Estate, Jay, Kenney, and Clemmons are left as defendants in any charge.


5. The Patco 4 have to specify their complaints. They must do so in all complaints.

 

[J. J. in Phila]

In the Paterno filing back in February.

The had five "counts":

Count I: Breach of contract (plaintiffs, Estate and Clemens)

Count II: Interference with contractural arrangements (Jay and Kenney)

Count III: Commercial Disparagement (Estate)

Count IV: Defamation (Clemens, Jay and Kenney).

Count V: Civil Conspiracy (all)

Count V has been tossed.

Count I, at least as for as it applied to PSU, but possibly the entire count, tossed.

 

[J. J. in Phila]

To add to the list: Two of the requests for the plaintiffs was for a declaratory judgment that Joe Paterno was an "involved individual" under the NCAA Bylaws and that he had contractual rights. Both of those were tossed.

(It has obviously taken me a while to dig through this opinion and understand all the ramifications to it.)