Josh Shapiro seeks the death penalty for Graham Spanier

francofan

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Oct 26, 2015
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Ralph Cipriano in his big trial blog writes that Josh Shapiro will ask for immediate jail for Graham Spanier's single misdemeanor conviction of endangering the welfare of a child in a hearing in Dauphin County Court of Common Pleas this coming Wednesday. A Spanier jail sentence will amount to an effective life sentence as Spanier suffers from serious life-threatening health conditions including advanced and metastasized prostate cancer as well as having had open-heart surgery two years ago to replace his aortic valve. The facts don't support the conviction of Spanier and neither does the law. This is a travesty of justice. I don't believe history will be kind to Josh Shapiro and the OAG for their handling of this case.

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State Attorney General Josh Shapiro wants to send former Penn State President Graham Spanier to jail because of a 2017 conviction on a single misdemeanor count, a move that Spanier's lawyers say may amount to a death sentence.

A hearing is scheduled at 10 a.m. Wednesday in Dauphin County Court of Common Pleas in Harrisburg before Judge John Bocabella, the same biased jurist who presided over Spanier's farce of a trial, where Spanier was convicted on a single count of endangering the welfare of a child, a misdemeanor, for allegedly having failed to prevent convicted sex offender Jerry Sandusky from preying on other children.

"The Commonwealth has asked this Court to immediately send to prison Graham Spanier, a 72 year-old, non-violent, first-time offender with serious, life-threatening health conditions, in the midst of the worst pandemic in more than a century," wrote lawyers Samuel Silver and Bruce Merenstein on Jan. 8th in an 11-page answer to the attorney general's motion to enforce a sentencing order against Spanier.

Spanier had open-heart surgery two years ago to replace his aortic valve; he also suffers from advanced and metastasized prostate cancer.

"Because [sending Spanier to jail] presents a substantial risk to Dr. Spanier’s health, the Court should deny the Commonwealth’s request and instead require Dr. Spanier to serve his four-month custodial sentence on house arrest with electronic monitoring," Spanier's lawyers wrote.

If Judge Bocabella puts Spanier in jail, it would be the finishing touch on a complete travesty of justice.

For starters, the misdemeanor charge that Spanier was convicted of not only exceeded the statute of limitations, it was also the product of bad case law manufactured by a corrupt D.A. And, as a federal magistrate has previously ruled, Spanier's conviction was unconstitutional as well.

On top of all that, Spanier's conduct at Penn State was the subject of a contemporaneous and confidential federal investigation that completely exonerated Spanier's handling of the so-called Penn State sex abuse scandal.

The federal investigation on the Penn State campus was conducted for five months in 2012 by former NCIS Special Agent John Snedden, a decorated cold case investigator.

At the time, Snedden, working as a special agent for the Federal Investigative Services, was asked to determine against the backdrop of scandal whether Spanier, then the Penn State president, deserved to have his high-level national security clearance renewed.

With national security at stake, Snedden wrote a 110-page report that was declassified in 2017, but ignored by the mainstream media.

In his report, Snedden concluded that a sensational allegation -- that former assistant football coach Mike McQueary had witnessed Sandusky committing an anal rape in the shower against an anonymous 10-year-old boy -- didn't make any sense. Snedden also determined that McQueary, who told several different versions of the shower story, wasn't a credible witness.

 

KC-KS-Lion

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Oct 10, 2005
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Ralph Cipriano in his big trial blog writes that Josh Shapiro will ask for immediate jail for Graham Spanier's single misdemeanor conviction of endangering the welfare of a child in a hearing in Dauphin County Court of Common Pleas this coming Wednesday. A Spanier jail sentence will amount to an effective life sentence as Spanier suffers from serious life-threatening health conditions including advanced and metastasized prostate cancer as well as having had open-heart surgery two years ago to replace his aortic valve. The facts don't support the conviction of Spanier and neither does the law. This is a travesty of justice. I don't believe history will be kind to Josh Shapiro and the OAG for their handling of this case.

----------------------
State Attorney General Josh Shapiro wants to send former Penn State President Graham Spanier to jail because of a 2017 conviction on a single misdemeanor count, a move that Spanier's lawyers say may amount to a death sentence.

A hearing is scheduled at 10 a.m. Wednesday in Dauphin County Court of Common Pleas in Harrisburg before Judge John Bocabella, the same biased jurist who presided over Spanier's farce of a trial, where Spanier was convicted on a single count of endangering the welfare of a child, a misdemeanor, for allegedly having failed to prevent convicted sex offender Jerry Sandusky from preying on other children.

"The Commonwealth has asked this Court to immediately send to prison Graham Spanier, a 72 year-old, non-violent, first-time offender with serious, life-threatening health conditions, in the midst of the worst pandemic in more than a century," wrote lawyers Samuel Silver and Bruce Merenstein on Jan. 8th in an 11-page answer to the attorney general's motion to enforce a sentencing order against Spanier.

Spanier had open-heart surgery two years ago to replace his aortic valve; he also suffers from advanced and metastasized prostate cancer.

"Because [sending Spanier to jail] presents a substantial risk to Dr. Spanier’s health, the Court should deny the Commonwealth’s request and instead require Dr. Spanier to serve his four-month custodial sentence on house arrest with electronic monitoring," Spanier's lawyers wrote.

If Judge Bocabella puts Spanier in jail, it would be the finishing touch on a complete travesty of justice.

For starters, the misdemeanor charge that Spanier was convicted of not only exceeded the statute of limitations, it was also the product of bad case law manufactured by a corrupt D.A. And, as a federal magistrate has previously ruled, Spanier's conviction was unconstitutional as well.

On top of all that, Spanier's conduct at Penn State was the subject of a contemporaneous and confidential federal investigation that completely exonerated Spanier's handling of the so-called Penn State sex abuse scandal.

The federal investigation on the Penn State campus was conducted for five months in 2012 by former NCIS Special Agent John Snedden, a decorated cold case investigator.

At the time, Snedden, working as a special agent for the Federal Investigative Services, was asked to determine against the backdrop of scandal whether Spanier, then the Penn State president, deserved to have his high-level national security clearance renewed.

With national security at stake, Snedden wrote a 110-page report that was declassified in 2017, but ignored by the mainstream media.

In his report, Snedden concluded that a sensational allegation -- that former assistant football coach Mike McQueary had witnessed Sandusky committing an anal rape in the shower against an anonymous 10-year-old boy -- didn't make any sense. Snedden also determined that McQueary, who told several different versions of the shower story, wasn't a credible witness.

If the only tool you have is a hammer, everything looks like a nail. This country needs more than just lawyers, and specifically prosecuting trial lawyers in government. If anyone heard the Supreme Court discuss recent technology issues, it was laughable-one just compared IT to the QWERTY keyboard.
 
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francofan

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Malcolm Gladwell who wrote about the Penn State/Sandusky faux scandal in chapter 6 (Case Study: The Boy in the Shower) of his book "Talking to Strangers." He said "Spanier is an honest, decent man who behaved the way we want our leaders to behave, and I am ashamed to be part of a society that tried to put him behind bars." I am also ashamed to be part of that society here in Pennsylvania that railroaded Spanier and then even with life-threatening health condictions wants to incarcerate him for a single misdemeanor count even though he has lived an exemplary life and was cleared of any wrong doing in a federal investigation that renewed his top-level security clearances.
 

lionville

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Spankie don't care. PSU is paying his legal fees.

Presumably his attorneys are prepared to present evidence that incarceration will jeopardize his health.
The cost of prosecution is the real travesty here, chasing a misdemeanor.
Meanwhile, Philly's progressive DA is dropping serious felony charges against repeat criminals every day, negotiating plea deals that put violent criminals back out on the street. What a wonderful world we live in.
Oh, by the way, when is Joshy going to prosecute Frank Fina for his misdeeds?
 

Art

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May 29, 2001
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The cost of prosecution is the real travesty here, chasing a misdemeanor.
Meanwhile, Philly's progressive DA is dropping serious felony charges against repeat criminals every day, negotiating plea deals that put violent criminals back out on the street. What a wonderful world we live in.
Oh, by the way, when is Joshy going to prosecute Frank Fina for his misdeeds?

Spankie ain't paying that either.
 
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schoolie

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Honestly, I wish I could get a ride with Mr. Peabody and his boy Sherman back to the early 60s, and then croak before I got to the year 2000. I just can't stand all the BS going on wherever you look. listen, read.
 

francofan

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Or if Spankie had simply thrown the Grinning Baboon under the bus. Or if PSU had thrown Spankie under the bus.

Serious question: What would you have had Spanier do?

Retired NCIS Special Agent did a federal investigation into Spanier to see if he was trustworthy to safeguard the countries most sensitive secrets and he found that he was and that there was no cover-up or conspiracy at Penn State and that Mike McQueary was not a credible witness.

Another serious questions: Just what specifically do you think the "Grinning Baboon" did to deserve to be thrown under the bus?

I highly recommend the With the Benefit of Hindsight podcast. It is a comprehensive look at the Penn State/Sandusky Child Sex Abuse faux scandal. Currently, 9 of the 19 episodes have dropped and the revelations have been jaw-dropping. Executive Producer Mike Agovino has done a terrific job and host and Pitt alumus Liz Habbib has done a nice job in tempering John Ziegler. Please read Agovino's summary of why he took the project on and why he believes Sandusky never abused any child and that Joe Paterno and the Penn State adminstrators never covered up any crimes. It takes 20-30 minutes to read.

 

Art

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Serious question: What would you have had Spanier do?

Retired NCIS Special Agent did a federal investigation into Spanier to see if he was trustworthy to safeguard the countries most sensitive secrets and he found that he was and that there was no cover-up or conspiracy at Penn State and that Mike McQueary was not a credible witness.

Another serious questions: Just what specifically do you think the "Grinning Baboon" did to deserve to be thrown under the bus?

I highly recommend the With the Benefit of Hindsight podcast. It is a comprehensive look at the Penn State/Sandusky Child Sex Abuse faux scandal. Currently, 9 of the 19 episodes have dropped and the revelations have been jaw-dropping. Executive Producer Mike Agovino has done a terrific job and host and Pitt alumus Liz Habbib has done a nice job in tempering John Ziegler. Please read Agovino's summary of why he took the project on and why he believes Sandusky never abused any child and that Joe Paterno and the Penn State adminstrators never covered up any crimes. It takes 20-30 minutes to read.


Refer the case to the police and bar the Baboon from campus.
 

francofan

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Refer the case to the police and bar the Baboon from campus.
Penn State did bar Jerry from bringing TSM kids on campus after the incident which made sense. Barring Jerry from campus seems excessive to me.

Mike McQueary witnessed seeing Jerry and Allan Myers (a young man Jerry considered a son) horsing around in the shower. He reported it to Joe. Joe had Tim Curley and Gary Schultz look into it. They determined it was not a police matter as nothing untoward was reported.
 

Art

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Penn State did bar Jerry from bringing TSM kids on campus after the incident which made sense. Barring Jerry from campus seems excessive to me.

Mike McQueary witnessed seeing Jerry and Allan Myers (a young man Jerry considered a son) horsing around in the shower. He reported it to Joe. Joe had Tim Curley and Gary Schultz look into it. They determined it was not a police matter as nothing untoward was reported.

Yeah, Spanier left it in the hands of a glorified gymn teacher and someone whose greatest life challenge was putting debits and credits in the right place. He was so wound up in his own intellectual arrogance and underwear (hard to separate the two in his case) that he overlooked his prime responsibility: protect the institution. First question he should have asked is why is it on my desk, why are lawyers being called. Since the nimrods in charge couldn't answer that then the matter goes to those, the police, who can.
 
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Obliviax

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Ralph Cipriano in his big trial blog writes that Josh Shapiro will ask for immediate jail for Graham Spanier's single misdemeanor conviction of endangering the welfare of a child in a hearing in Dauphin County Court of Common Pleas this coming Wednesday. A Spanier jail sentence will amount to an effective life sentence as Spanier suffers from serious life-threatening health conditions including advanced and metastasized prostate cancer as well as having had open-heart surgery two years ago to replace his aortic valve. The facts don't support the conviction of Spanier and neither does the law. This is a travesty of justice. I don't believe history will be kind to Josh Shapiro and the OAG for their handling of this case.

----------------------
State Attorney General Josh Shapiro wants to send former Penn State President Graham Spanier to jail because of a 2017 conviction on a single misdemeanor count, a move that Spanier's lawyers say may amount to a death sentence.

A hearing is scheduled at 10 a.m. Wednesday in Dauphin County Court of Common Pleas in Harrisburg before Judge John Bocabella, the same biased jurist who presided over Spanier's farce of a trial, where Spanier was convicted on a single count of endangering the welfare of a child, a misdemeanor, for allegedly having failed to prevent convicted sex offender Jerry Sandusky from preying on other children.

"The Commonwealth has asked this Court to immediately send to prison Graham Spanier, a 72 year-old, non-violent, first-time offender with serious, life-threatening health conditions, in the midst of the worst pandemic in more than a century," wrote lawyers Samuel Silver and Bruce Merenstein on Jan. 8th in an 11-page answer to the attorney general's motion to enforce a sentencing order against Spanier.

Spanier had open-heart surgery two years ago to replace his aortic valve; he also suffers from advanced and metastasized prostate cancer.

"Because [sending Spanier to jail] presents a substantial risk to Dr. Spanier’s health, the Court should deny the Commonwealth’s request and instead require Dr. Spanier to serve his four-month custodial sentence on house arrest with electronic monitoring," Spanier's lawyers wrote.

If Judge Bocabella puts Spanier in jail, it would be the finishing touch on a complete travesty of justice.

For starters, the misdemeanor charge that Spanier was convicted of not only exceeded the statute of limitations, it was also the product of bad case law manufactured by a corrupt D.A. And, as a federal magistrate has previously ruled, Spanier's conviction was unconstitutional as well.

On top of all that, Spanier's conduct at Penn State was the subject of a contemporaneous and confidential federal investigation that completely exonerated Spanier's handling of the so-called Penn State sex abuse scandal.

The federal investigation on the Penn State campus was conducted for five months in 2012 by former NCIS Special Agent John Snedden, a decorated cold case investigator.

At the time, Snedden, working as a special agent for the Federal Investigative Services, was asked to determine against the backdrop of scandal whether Spanier, then the Penn State president, deserved to have his high-level national security clearance renewed.

With national security at stake, Snedden wrote a 110-page report that was declassified in 2017, but ignored by the mainstream media.

In his report, Snedden concluded that a sensational allegation -- that former assistant football coach Mike McQueary had witnessed Sandusky committing an anal rape in the shower against an anonymous 10-year-old boy -- didn't make any sense. Snedden also determined that McQueary, who told several different versions of the shower story, wasn't a credible witness.

claiming a sickness to avoid jail time is simply part of the process. I have no idea how sick Spanier may be but this claim gets filed like, almost every single time if you have good lawyer. Again, I have no idea how true it may be. It is a shame that this happens all the time because it dilutes ligit claims. I hope the judge considers it without prejudice.
 

BUFFALO LION

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Refer the case to the police and bar the Baboon from campus.

Yep. In 2001, Spanier should have called the police and told them Jerry Sandusky had a shower with a boy. The police would have said "So what? Where's the crime?"

Both Curley and Schultz backed up Spanier's claim under oath that McQueary never reported a sex crime, and served jail time for it.

Showering with a boy wasn't a crime in 2001. The Presentment was pure falsified horsesh!t, and by now, everyone knows it. Where you been?
 
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PSU2UNC

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Yeah, Spanier left it in the hands of a glorified gymn teacher and someone whose greatest life challenge was putting debits and credits in the right place. He was so wound up in his own intellectual arrogance and underwear (hard to separate the two in his case) that he overlooked his prime responsibility: protect the institution. First question he should have asked is why is it on my desk, why are lawyers being called. Since the nimrods in charge couldn't answer that then the matter goes to those, the police, who can.
Except he was able to answer those questions, which is why he responded the way he did.
 
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francofan

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Yeah, Spanier left it in the hands of a glorified gymn teacher and someone whose greatest life challenge was putting debits and credits in the right place. He was so wound up in his own intellectual arrogance and underwear (hard to separate the two in his case) that he overlooked his prime responsibility: protect the institution. First question he should have asked is why is it on my desk, why are lawyers being called. Since the nimrods in charge couldn't answer that then the matter goes to those, the police, who can.

Tim Curley is not a glorified gym teacher and Gary Schultz's greatest life challenge was not putting debits and credits in the right place. They are two good men whose life was ruined by Tom Corbet, the OAG, John Surma and the BOT in their acts of vengeance against Graham Spanier and Joe Paterno. It is the BOT who blew it big time in their responsibility to protect the University by firing Spanier and Paterno for no good reason and made the scandal a thousand time worse than in had to be. Spanier and Paterno are also two good men whose life and legacy have been ruined by Corbett, Surma, the OAG and the BOT.
 

Art

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Yep. In 2001, Spanier should have called the police and told them Jerry Sandusky had a shower with a boy. The police would have said "So what? Where's the crime?"

Both Curley and Schultz backed up Spanier's claim under oath that McQueary never reported a sex crime, and served jail time for it.

Showering with a boy wasn't a crime in 2001. The Presentment was pure falsified horsesh!t, and by now, everyone knows it. Where you been?

Police, child services, whoever. He should have had one of his lackeys, either of whom with any common sense would have done it on their own, do it. All they needed to say is they got a strange report from McQueary and ask them to talk to him about it. And if the authorities decide not to follow up, it's on them, not PSU.
 
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Art

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Tim Curley is not a glorified gym teacher and Gary Schultz's greatest life challenge was not putting debits and credits in the right place. They are two good men whose life was ruined by Tom Corbet, the OAG, John Surma and the BOT in their acts of vengeance against Graham Spanier and Joe Paterno. It is the BOT who blew it big time in their responsibility to protect the University by firing Spanier and Paterno for no good reason and made the scandal a thousand time worse than in had to be. Spanier and Paterno are also two good men whose life and legacy have been ruined by Corbett, Surma, the OAG and the BOT.

Whatever you say. All of them flunked Introductory Ass Covering and they all paid the price with some major collateral damage to boot.
 
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francofan

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Well he answered wrong and now he's fvcked. Too bad he got PSU fvcked in the process.
Believe the fairy tale that the OAG with the BOT's help sold in 2011 if you want.

If you are so inclined, please respond to the following questions that should demonstrate whether your opinion is grounded in reality or not.
  • Do you believe the date of the v2 incident to be Feb. 9, 2001?
  • Do you believe that Mike McQueary witnessed a sexual assault in the Lasch building shower?
  • Do you believe that the Freeh Report is factual?
  • Do you believe that Spanier, Curley and Schultz knowingly enabled the acts of a CSA offender?
  • Do you believe Mike McQueary is a credible witness?
  • Do you believe the identity of v2 is known only to God?
  • Do you believe that Frank Fina claiming that he set up a sting operation to catch the grand jury leaker proves that he was not the leaker?
  • Do you believe that the OAG's and the Freeh Group's investigations were independent?
  • Do you believe that Juror 0990, Laura Pauley, who had been interviewed by the Freeh Group before Sandusky's trial was a fair, unbiased, and open-minded juror?
  • Do you believe Malcolm Gladwell is biased in his view of the case?
  • Do you believe Mark Pendergrast does not know what he is talking about in regard to this case?
  • Do you believe John Snedden’s federal investigation into Spanier was flawed?
 

Art

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May 29, 2001
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Believe the fairy tale that the OAG with the BOT's help sold in 2011 if you want.

If you are so inclined, please respond to the following questions that should demonstrate whether your opinion is grounded in reality or not.
  • Do you believe the date of the v2 incident to be Feb. 9, 2001?
  • Do you believe that Mike McQueary witnessed a sexual assault in the Lasch building shower?
  • Do you believe that the Freeh Report is factual?
  • Do you believe that Spanier, Curley and Schultz knowingly enabled the acts of a CSA offender?
  • Do you believe Mike McQueary is a credible witness?
  • Do you believe the identity of v2 is known only to God?
  • Do you believe that Frank Fina claiming that he set up a sting operation to catch the grand jury leaker proves that he was not the leaker?
  • Do you believe that the OAG's and the Freeh Group's investigations were independent?
  • Do you believe that Juror 0990, Laura Pauley, who had been interviewed by the Freeh Group before Sandusky's trial was a fair, unbiased, and open-minded juror?
  • Do you believe Malcolm Gladwell is biased in his view of the case?
  • Do you believe Mark Pendergrast does not know what he is talking about in regard to this case?
  • Do you believe John Snedden’s federal investigation into Spanier was flawed?

Y'all love to re-litigate this. Don't matter what I believe. Spanier and PSU are fvcked. Them is the facts an ain't nothin' changin' 'em.