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

[nittanylioness234]

Apparently, not all of the 325 players listed previously as supporting the NCAA lawsuit actually support the lawsuit:

http://www.centredaily.com/2013/06/20/3659751/letter-to-the-editor-separating.html

 

[J. J. in Phila]

Paterno's Attorney claiming the NCAA violated its bylaws: http://www.centredaily.com/2013/07/04/3676790/paterno-family-attorney-ncaa-failed.html

They didn't.

 

[Reader]

What The Paterno Family's Investigation Got Right And Wrong About The Freeh Report
2/11/13

http://deadspin.com/5983159/what-th...on-got-right-and-wrong-about-the-freeh-report

The Paterno family's exhaustive evaluation of the Freeh report, prepared by the family's attorney and other experts who were paid to reach the conclusions the family wanted, is right about this much: The proof that Joe Paterno orchestrated or even participated in a malicious cover-up of Jerry Sandusky's serial sex crimes against children is based largely on circumstantial evidence.

But the family's report also overlooks actual evidence that remains damaging to the late coach's reputation: Paterno was indeed aware that an eyewitness saw Sandusky sexually abusing a child on university property many years ago. This is confirmed by Paterno's own words—words uttered under oath—and by the admission of a Penn State administrator who's currently awaiting trial for his part in the alleged cover-up. Yet the incident in question was not reported to police investigators or to child welfare officials for a proper inquiry, and more children were abused as a result.........

In its efforts to muddy up the issue, the Paterno rebuttal does exactly what it accuses the Freeh report of doing. It cherry-picks statements from police interviews, published reports, and trial and pre-trial testimony, while painstakingly avoiding the elephant in the room: that Joe Paterno told a grand jury that he understood McQueary's story to involve "fondling," and that when asked to clarify, Paterno said it was of "a sexual nature." The Paterno family's best defense against this comes from Thornburgh, who argues that grand jury testimony is inadequate because witnesses are not cross-examined and counsel cannot lodge an objection. But in his grand-jury testimony, Paterno volunteered the words "fondling" and then "a sexual nature" without any prompting..........

So what can we conclude? That Penn State officials understood Jerry Sandusky was sexually abusing a child on university property as far back as 2001, but that no report was made to the proper authorities. And while no clear motive for their inaction has been established, it's nearly impossible not to draw the conclusion that Joe Paterno didn't do enough. Don't believe me? Just ask the Paterno family. "It can be argued that Joe Paterno should have gone further. He should have pushed his superiors to see that they were doing their jobs." That's from the statement issued by the Paternos on the morning that Freeh released his report. They added: "We accept this criticism."

More with documents.....

 

[J. J. in Phila]

And the NCAA has moved to dismiss: http://co.centre.pa.us/centreco/media/upload/PATERNO NCAA PRELIMINARY OBJECTIONS.pdf

Grounds are lack of standing, impinging the rights of Penn State, and that none of the allegations happened in Pennsylvania.

Ray's declaration on the last point is hilarious.

 

[Steely Dan]

And the NCAA has moved to dismiss: http://co.centre.pa.us/centreco/media/upload/PATERNO NCAA PRELIMINARY OBJECTIONS.pdf

Grounds are lack of standing, impinging the rights of Penn State, and that none of the allegations happened in Pennsylvania.

Ray's declaration on the last point is hilarious.

Can you explain all that in laymans terms please? :waitasec:

 

[J. J. in Phila]

Can you explain all that in laymans terms please? :waitasec:

I AM a layman when it comes to law, directly.

At least I didn't use Latin.

Seriously, I'll try.

Standing is that they are actually party to the issue, in this case, actually covered by the NCAA rules. The NCAA is saying no. In other words, since these defendants are not PSU they can't sue.

"Impinging." The NCAA is claiming (correctly) that PSU has a right to enter in an agreement, a contract, with the NCAA. They are saying, in effect, "Hey, you are trying to violate PSU's right (impinging on) to enter into a contract and, if you do, you could be hurting PSU without their consent." They are saying, "You have to sue PSU as well." Nice argument and similar to one of reasons Corbett's cased was dismissed.

Emmert and Ray are saying, "Hey you can't sue us in PA, because none of what you claimed happened, happened in PA." Ray is recounting when he was last in PA, including a trip to Hershey Park with his kids.

 

[J. J. in Phila]

Preliminary hearing on the Paternos suit to be held on 10/29. Happy Halloween!

 

[nittanylioness234]

Trick or treat?

 

[J. J. in Phila]

Trick or treat?

Trick on the Paternos/Joebots; treat for anyone who understands Robert's Rules.

 

[J. J. in Phila]

Some of the suit survives: http://www.centredaily.com/2014/01/07/3974383/portions-of-paterno-lawsuit-against.html

 

[J. J. in Phila]

Here is the decision: http://co.centre.pa.us/centreco/med...ND ORDER REGARDING PRELIMINARY OBJECTIONS.pdf


Basically, the Paterno family can sue for commercial disparagement. Clemmons and the former coaches case sue based on defamation. The civil conspiracy ground also stands. They can get into the breach of contract stuff only if PSU signs on.

The judge has not ruled on standing, as of yet.

I'm guessing that he's waiting to see if PSU joins the suit.

 

[J. J. in Phila]

Paterno named PSU as a "nominal defendant." http://www.centredaily.com/2014/02/05/4019620/paterno-family-attorneys-name.html

 

[J. J. in Phila]

Here is there complaint:

http://www.scribd.com/doc/204926921/Paterno-vs-NCAA-First-Amended-Complaint

 

[Reader]

Here is there complaint:

http://www.scribd.com/doc/204926921/Paterno-vs-NCAA-First-Amended-Complaint

Thank you.

So what will this change in the suit and what do you think could be the outcome(s)? Can Penn State sue to have the school removed from the suit?

 

[J. J. in Phila]

Thank you.

So what will this change in the suit and what do you think could be the outcome(s)? Can Penn State sue to have the school removed from the suit?

No, but they can move to have the suit dismissed.

I should point out that the judge has not ruled on standing, so this entire matter, as it relates to PSU, might be gone.

Some of the things, e.g. commercial disparagement and libel, might survive independently of the standing issue.

 

[J. J. in Phila]

Here is general information on standing: https://en.wikipedia.org/wiki/Standing_(law)#Standing_requirements It does vary in different jurisdictions.

One of the great problems for the plaintiffs is that the justification the NCAA used to impose the sanctions was the membership article. The implication is that, had PSU not agreed, they ultimately could have been expelled (there would have been lesser penalties as well). PSU, the corporate entity, is a member. None of the plaintiffs are, or ever were, members of the NCAA, because the membership is made up of schools, not individuals.

Let me put it this way. The NCAA's executive board could adopt a motion stating "J. J. is a space alien and has a tail," neither of which is true, and publish it. I could sue them for libel. I could not sue them, successfully, for violating my rights of membership, because I am not a member.

 

[J. J. in Phila]

JaY Paterno is running for Lieutenant Governor of Pennsylvania: http://www.centredaily.com/2014/02/20/4047429/jay-paterno-seeking-election-as.html

Central Pennsylvania Gothic.

 

[nittanylioness234]

Central Pennsylvania Gothic - you've got that right! I hope he will be a better politician than he was a football coach. If the John Bacon book (Fourth and Long) is to be believed, the players were not happy with him at all.

 

[J. J. in Phila]

Central Pennsylvania Gothic - you've got that right! I hope he will be a better politician than he was a football coach. If the John Bacon book (Fourth and Long) is to be believed, the players were not happy with him at all.

I didn't originate this comment, but at Paterno's first presser, the question may be, "Mr. Paterno, what did you know about Jerry Sandusky and when did you know it?"

 

[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