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BOMBSHELL: Exculpatory Evidence Removed From Schultz File

They were not horrible at their jobs, nor are they crooked.
These are all very good people who, given hindsight, should have dug into this further than they did, even with the very limited information they were given, and have admitted as much.

Imo, it is very important to look at character and intent. Strong character, good intentions, but in the end, a faulty approach. I believe that they did not know what they were dealing with, and reacted to what they believed was reported and known.

If they can find a way to put someone like Tim Curley in jail, they can find a way to put you or me in jail, too. That does not give me any warm feelings about the competence and integrity of the PA LE and judicial systems.
blatantly naive. the lack of documentation is shocking and incompetent. The lack of documentation is so bad it suggests something nefarious (cover up).
 
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I think that diary can be dismissed as crap. For example, from page 11:

1. Info from Atty Mustakoff, info re: estranged wife of former player Kenny Jackson who wanted coach job that McQueary got. Jay Pat told him things were in turmoil and that mcquery had to get the job bc MM saw JS in shower; Jackson told some 2nd mile people re this; mustakoff to approach Gantner about coming clean.

We know this is complete crap. Mike McQ didn't get a job that Kenny Jackson wanted. Kenny Jackson left the position that Mike eventually got. Looks like a lot of misinformation in that diary.
 
blatantly naive. the lack of documentation is shocking and incompetent. The lack of documentation is so bad it suggests something nefarious (cover up).

Again, imo, character and intent are very important here, and negate any naivety that someone may have who does not know any of them. None of the 3 people are incompetent, nor had/have any remotely nefarious intentions regarding anything. Once someone gets to know any of these men, they would know immediately these are good people who, given hindsight, made mistakes with whatever McQ told them. And we know that McQ's words to them did not match what was in the GJ presentment that lit this dumpster fire.

Editing per @JmmyW post below - taking out what is not accurate. Thx, Jimmy. Original text can be seen in posts below in response to this one.
 
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Again, imo, character and intent are very important here, and negate any naivety that someone may have who does not know any of them. None of the 3 people are incompetent, nor had/have any remotely nefarious intentions regarding anything. Once someone gets to know any of these men, they would know immediately these are good people who, given hindsight, made mistakes with whatever McQ told them. And we know that McQ's words to them did not match what was in the GJ presentment that lit this dumpster fire.

The diary and the Freeh notes even say they did not find any evidence of a coverup. Those conclusions were not carried forward to the public disclosure of the Freeh findings. That, imo, is a nefarious act.

Bob, I agree with your first paragraph. But I want to caution you about your second paragraph. Yes, you're correct the diary has an entry about not finding a smoking gun. However, there is a later entry about finding a smoking gun, which references the 2001 Schultz emails. Basically - watch the dates.

Here the relevant entries from the diary, and a blurb from Freeh's press conference:

(3/7/12) 2. No smoking gun to indicate coverup
Enough into details & haven't found that, but still could find something

[7/12/12, Freeh press conference: Freeh says they found critical written correspondence on 3/20/12 (i.e., the 1998 & 2001 Schultz emails)]

(3/21/12) Omar told tomalis & Frazier re emails, supports that Spanier new @ 98 incident; ack. Someone should got to authorities; that they should get professional help for JS & thought more than horseplay

(3/21/12) Conf Call: Omar talked to Frazier, emails re 20001 smoking gun & Ap call; Frazier thinks board members mh leaked info re payout - does Frank Gee [
Guadagnino] know about email - OMAR to find out - but Fina didn't

(3/21/12) talked to Fina re email discover and sent a c to him of 2001 emails, will be a problem for AG
[my comment - the problem is the statue of limitations on the charges against Curley and Schultz]​
 
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No, not the point at all that you responded to. I said Spanier’s email did not help his cause. You went on your autopilot postings about them not being guilty.

This isn't merely a matter of C/S/S being erroneously charged with crimes they didn't commit. This is a case of them being set up. From Cynthia Baldwin's bait and switch at the grand jury, to Jonelle Eshbach's anal intercourse fabrication, to pretending the shower incident was 2002 so it would fall within the ten year statute of limitations, to Freeh. It goes on and on.

That's why I'm frustrated by people wasting time talking about whether an incident that didn't need to be reported was reported or not. Who gives a rat's ass? I want to see Tom Corbett, et al, make the perp walk!
 
Actually, you are conflating two different time frames, and have it all cockward:

There are two time frames with similar situations:

1) The 2001 time frame (when Kenny J was leaving PSU and going to the Steelers..... and Mike M did not get the AC job)

2) And the 2004 time frame (which is what this "diary" note was referencing), when Kenny J was leaving (fired from?) his position with the Steelers, and was looking for a job back with PSU.... but the job went to Mike M (moving up from a GA-type job into the AC spot made available when Kenny Carter was let go)



Whether the "dear diary" entries are crap - or not - is, of course, an entirely different question (ie: Is the third-fourth-and-fifth hand information - run through God knows how many filters of folks who may or may not have had an agenda - worth spit? Who knows? Maybe, maybe not).
But the entry IS congruent with what was going on in that 2003-04 time frame that was being referenced.

Ok, that stuff about the timeline might be true. I honestly don't know.

But do you think there is any chance in the world that Jay Paterno told Kenny Jackson that they had to give the job to Mike instead of him because Mike saw Jerry in the shower? That just reeks of them searching for a storyline...
 
Ok, that stuff about the timeline might be true. I honestly don't know.

But do you think there is any chance in the world that Jay Paterno told Kenny Jackson that they had to give the job to Mike instead of him because Mike saw Jerry in the shower? That just reeks of them searching for a storyline...
Considering MM, his Dad or Dr. D never reported (even anonymously) I'm sure everyone was worried about Big Red.
 
This isn't merely a matter of C/S/S being erroneously charged with crimes they didn't commit. This is a case of them being set up. From Cynthia Baldwin's bait and switch at the grand jury, to Jonelle Eshbach's anal intercourse fabrication, to pretending the shower incident was 2002 so it would fall within the ten year statute of limitations, to Freeh. It goes on and on.

That's why I'm frustrated by people wasting time talking about whether an incident that didn't need to be reported was reported or not. Who gives a rat's ass? I want to see Tom Corbett, et al, make the perp walk!
So, you’re saying the email helped Spanier’s cause?
 
So, you’re saying the email helped Spanier’s cause?

What I'm saying, and have been saying for years, is that an honest and literal interpretation of all the notes and emails exonerates all of them, regardless of Jerry's guilt or innocence.

It's time to move on to the elephant in the room, which is the corruption, collusion and malfeasance exhibited by the BOT, the OAG and the NCAA.
 
The answer to this is obvious to both of you. The email clearly hurt his cause. But the reason it hurt his cause is because of the interpretation that Freeh and the media ran with. Not because it was the most likely or logical interpretation. But because it was the most salacious.
Exactly. Confirmation bias. Louis Freeh stated he would work to produce the "desired results." There was never an independent investigation. If certain BOT members didn't fear their culpability, there would never have been a Freeh Investigation or Report.
 
The answer to this is obvious to both of you. The email clearly hurt his cause. But the reason it hurt his cause is because of the interpretation that Freeh and the media ran with. Not because it was the most likely or logical interpretation. But because it was the most salacious.

I agree and would simply add that when the emails were leaked, it was announced by the leakers that they would be "damaging to Paterno". Nobody actually parsed them. Nobody read them in the context of C/S's grand jury testimonies. The presumption of innocence had already left the building.

Do people really think that it was an accident that the Freeh report was released to the press 15 minutes before Louis' PC? Or that the timing of the Freeh report, the removal of JVP's statue and the NCAA consent decree were random events? This diary, which I have not read, reportedly provides evidence that the NCAA and OAG were to receive advanced copies of the Freeh report back in April of 2012.

C/S plead guilty to one misdemeanor, which did not even apply to them. Six years after the fact, it was obvious they could not receive a fair trial. The Freeh report was used as a de facto GJ presentment to justify the charges against Spanier.

There is so much smoke here!
 
The timeline is accurate.

As to the question you posed..... Personally, DK/DC, quite honestly - and there is no way for anyone to truly know. Anything "passed down the telephone line" through that many ears (each of whom would have their own biases and agendas) couldn't carry much of a bona-fide either way, even in a best-case scenario - I wouldn't think.

It doesn’t look like Freeh’s people spoke to Kenny...just his (ex?) wife. If they were divorced in 2012 when she was interviewed that introduces all kinds of problems.
 
It doesn’t look like Freeh’s people spoke to Kenny...just his (ex?) wife. If they were divorced in 2012 when she was interviewed that introduces all kinds of problems.
You can steer a report if you select who you do and don't speak to and are careful with questions you do and don't ask.
 
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Inculpatory evidence in the impeachment trial. Now THAT would be a BOMBSHELL.
 
The answer to this is obvious to both of you. The email clearly hurt his cause. But the reason it hurt his cause is because of the interpretation that Freeh and the media ran with. Not because it was the most likely or logical interpretation. But because it was the most salacious.
Obviously. That’s the whole point. The idea that even obvious points can’t just be agreed to without the same rhetoric is ridiculous.
 
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If he had nothing to report, why type the words we could be vulnerable for not reporting this? Even more so if he knew people were out to get him, a simply CYA was in his best interest in addition to the University was my only real point. I think they mentioned exactly who they would report it to so that isn't a mystery. They at least had an idea and can we stop pretending these men were idiots. It's bad enough people paint Jerry out to be a simple country bumpkin who didn't know better...but these were some people pretty far up the latter in the administration.

People can talk all day long about the jealousy or the politician's that hated him, but he himself knew it could be an issue and did voice a concern over it. Now I don't think he thought it was going to be to this extent at all, nor do I think it was done with any malice at all. Actually I think their relationships with Jerry clouded their thought process and Jerry kind of counted on that from people....it's what he did best. People can act like this wasn't discussed and talk about TSM's absolute failures which were abundant, but somehow people here get upset if you mention that maybe Spanier and company didn't exactly do a great job either. They take personal offense to it and that is because some here knew them personally...so it's normal. I don't see any of them as bad people who tried to cover anything up, but more so....just didn't take that one extra step to make a phone call and document it. That is of course with hind site. IIRC they were also advised to make a call by their counsel...but @JmmyW or @rmb297 may debunk that. I'm not positive of that, nor do I have the cycles to spend looking it up.

Evidence points to "we are vulnerable for not reporting..." being inserted into the email. Also, proof that Freeh excluded part of an email that didn't support his assessment.

Read more:
http://notpsu.blogspot.com/2020/01/diary-entries-point-to-2001-email-fraud.html


In the PSU v. PMA case, PSU attorneys presented an email purportedly from the Schultz file that was not part of the Schultz file in the criminal case. To be clear, filings made by the Commonwealth and the defense in the Schultz case did not contain that email.

Also, only a few people have knowledge into the contents of the original Schultz file that was obtained from his office in January 2011. Cynthia Baldwin handled all evidence flowing from PSU. It is clear that Fina had the Schultz file when he questioned Paterno, Curley, and Schultz on January 11, 2011. Baldwin lied on numerous occasions at her grand jury appearance when questioned about when and how evidence was obtained.
 
Was there any detail on why Omar Easy had a beef with Fran Ganter?
 
I need to see more evidence than this. Wasn't "Because he fits the profile" the FBI's reasoning for suspecting Richard Jewell in the Olympic Bombing?

Besides, I disagree that V4 even fits the profile. I would think that the individual mostly likely to comply with sexual contact from another man on dozens of occasions from age 14-16 would be a gay teen, especially when there is no drugs or alcohol involved. But there is absolutely no evidence V4 was gay, bi, or even ever struggled with his sexual identity.

Maybe there are cases where heterosexual teens are coaxed into sex acts with a man because the abuser began the grooming process when the boy was too young to even know what sex was. Wrong again. V4 was nearly 14 when he began spending time with Sandusky. As someone who grew up in rural PA and is around the same age as V4, I can assure you its not uncommon for low income kids to start having sex when they are 11 or 12 and every boy knew damn well what sex is (and knew to avoid homosexual contact) by that age.

Age is not a determining factor for grooming. Physical, mental, and emotional maturity is.

Making the argument that because someone is heterosexual as an adult that they wouldn't comply with sex acts with someone of the same sense while in puberty or in their adolescent years is another demonstration of how little you know about the subject.

I grew up in Central PA too and lived in a very rural, impoverished area (Juniata County). Perry County, next door, was the incest capital of PA. Sex between adults and children was common. I knew a few boys who were sexually assaulted by men. They weren't gay, they were impressional young kids at the time. They went on to lead normal productive lives as heterosexuals. My co-worker at DNI also fit that description.
 
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"This approach is acceptable to me. It requires you to go a step further and means your conversation will be all the more difficult, but I admire your willingness to do that and I am supportive. The only downside for us is if our message is not “heard” and acted upon, and we then become vulnerable for not having reported it. But that can be assessed down the road. The approach you outline is humane and a reasonable way to proceed."

I believe Spanier was saying that should Jerry fail to heed their message and shower alone again in the PSU facilities with a TSM kid....and should that future incident turn into an accusation of sexual abuse against Jerry, whether real or false, PSU would then be vulnerable for not reporting the incident at hand. IOW, Spanier's only concern was hypothetical.

The real take away from his email, IMO, is that he wasn't concerned at all that this kid might have been abused. He wasn't worried in the least that this kid might go to the authorities or that this incident would be a repeat of the '98 incident. It means that MM could not possibly have told Tim and Gary that he had witnessed a boy being abused that night.

http://notpsu.blogspot.com/2020/01/diary-entries-point-to-2001-email-fraud.html
 
I think that diary can be dismissed as crap. For example, from page 11:

1. Info from Atty Mustakoff, info re: estranged wife of former player Kenny Jackson who wanted coach job that McQueary got. Jay Pat told him things were in turmoil and that mcquery had to get the job bc MM saw JS in shower; Jackson told some 2nd mile people re this; mustakoff to approach Gantner about coming clean.

We know this is complete crap. Mike McQ didn't get a job that Kenny Jackson wanted. Kenny Jackson left the position that Mike eventually got. Looks like a lot of misinformation in that diary.

THUS the NOTICE at the top of the diary that much of it is opinion and rumor.
 
Ok, that stuff about the timeline might be true. I honestly don't know.

But do you think there is any chance in the world that Jay Paterno told Kenny Jackson that they had to give the job to Mike instead of him because Mike saw Jerry in the shower? That just reeks of them searching for a storyline...

The entry is entirely inaccurate. Kenny was leaving the job for a position with the Steelers and created the job vacancy. Mike didn't get the job. Kenny Carter got it.

When Carter left, Mike got his job (in 2004).
 
Yes. Baldwin, Fina, Frazier, Tomalis, and Freeh were all in on the cover up.
Kinda figured this when Mr. Potato Head slipped up weeks before the "independent investigation" results were released to the BOT. LOL
 
blatantly naive. the lack of documentation is shocking and incompetent. The lack of documentation is so bad it suggests something nefarious (cover up).
This is a stretch.

As I said before you generally don't document things that aren't a big deal. At the time, this was obviously not seen as a big deal by anyone involved (including MM, JM and JD). That is totally in line with absence of documentation.
 
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The entry is entirely inaccurate. Kenny was leaving the job for a position with the Steelers and created the job vacancy. Mike didn't get the job. Kenny Carter got it.

When Carter left, Mike got his job (in 2004).
Exactly. It is errors like this that make the diary very hard to read. This is so easily shown to be wrong, how much of what she wrote is actually believable, or as I noted before, how much of it is her own mental ramblings/theories or mental ramblings of her colleagues, vs what are facts.

I think the diary is useful at a macroscale to show:

a) how clueless the Freeh team was about almost everything surrounding this investigation.

b) how their outcome was predetermined and the tried the hardest to make Paterno as culpable as possible (even if it meant "bending" the truth).
 
This is a stretch.

As I said before you generally don't document things that aren't a big deal. At the time, this was obviously not seen as a big deal by anyone involved (including MM, JM and JD). That is totally in line with absence of documentation.
It if you’re going to be fair, you don’t generally seek the advice of legal counsel if you don’t see something as a big deal.
 
Was there any detail on why Omar Easy had a beef with Fran Ganter?

Easy worked as a Director of Personnel in football in 2011 and then left in January 2012. Not clear whether whatever problem he had with Ganter stems from that time or from when he was a player in 1998-2002.
 
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This is a stretch.

As I said before you generally don't document things that aren't a big deal. At the time, this was obviously not seen as a big deal by anyone involved (including MM, JM and JD). That is totally in line with absence of documentation.
Uh, no. It doesn't matter what you think, that's horrendous risk management. You know how to handle it and make sure your covering your bases, lowering your risk.
 
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This is a stretch.

As I said before you generally don't document things that aren't a big deal. At the time, this was obviously not seen as a big deal by anyone involved (including MM, JM and JD). That is totally in line with absence of documentation.
First, didn't mean to imply they were guilty just that the optics looked bad. Second, I am in complete disagreement with your comment. If a person reports to me that they think an adult put a kid in danger I'd have a 3" three ring binder filled up; at least.
 
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Evidence points to "we are vulnerable for not reporting..." being inserted into the email. Also, proof that Freeh excluded part of an email that didn't support his assessment.

Read more:
http://notpsu.blogspot.com/2020/01/diary-entries-point-to-2001-email-fraud.html


In the PSU v. PMA case, PSU attorneys presented an email purportedly from the Schultz file that was not part of the Schultz file in the criminal case. To be clear, filings made by the Commonwealth and the defense in the Schultz case did not contain that email.

Also, only a few people have knowledge into the contents of the original Schultz file that was obtained from his office in January 2011. Cynthia Baldwin handled all evidence flowing from PSU. It is clear that Fina had the Schultz file when he questioned Paterno, Curley, and Schultz on January 11, 2011. Baldwin lied on numerous occasions at her grand jury appearance when questioned about when and how evidence was obtained.
Looks like the '98 emails were tampered with, as well.
 
This is a stretch.

As I said before you generally don't document things that aren't a big deal.

Disagree. Administrators should not be allowed to pick and choose which whistleblower complaints to document.

I don't believe that C & S conspired to cover things up but I definitely believe they failed miserably as administrators. You document what was reported and also document your response. Period!

Just think how different things would have turned out if this was done. There would be no dispute about what what MM told them (horseplay vs sexual assault).
 
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