Spanier loses appeal.....

Discussion in 'BWI / McAndrew Board' started by lionville, Jun 26, 2018.

  1. lionville

    lionville Well-Known Member
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    According to an article on Philly.com. No surprise there.

    No link.
     
  2. nits74

    nits74 Well-Known Member
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    Next step?
     
  3. interrobang

    interrobang Well-Known Member
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    In the majority opinion, they discussed the claim that the charges were past the statute of limitations. After some legaleze, they concluded that since the age of the boy in the shower was thought to be 10-12 years old (of course, the boy that has never been officially identified in order to know how old he was) that this meant he didn't turn 18 until X year, which meant the statute of limitations didn't expire.

    I mean how can a superior court judge use the age of an unknown person who was seen for a few seconds by a shaky witness to make a decision?
     
  4. Raffycorn

    Raffycorn Well-Known Member
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    He can either request to have the case re-decided by the full Superior Court (and, given that it was a 2-1 decision against him, he has a decent shot of having it go en banc) or he can appeal directly to the PA Supreme Court.

    Given how the rest of Spanier’s legal defense has played out, we’re likely looking at a hearing before the full Superior Court.
     
  5. didier

    didier Well-Known Member
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    [​IMG]

    The Neverending Appeal
     
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  6. marshall23

    marshall23 Well-Known Member
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    Likely 'the little boy in the shower" was almost 14.
     
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  7. Pinkhippo PeanutButter

    Pinkhippo PeanutButter Well-Known Member
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    I think the only evidence/testimony presented at trial was the boy was 10-12.

    Spanier could have presented a defense which could have (at the very least) offered something that could be used to dispute that ... But if I recall, his team rested.

    There's a lot going on here & we probably don't know the important parts.

    Appeal courts generally, as I understand it, consider only what was presented at trial.

    Later, a PCRA can address new evidence & facts that weren't available at trial. As far I know, there are no new facts regarding V2 that wouldn't have been available & known to him at trial.

    The one exception is if the incident date moves further into the past, as some have suggested. But that doesn't really help Spanier because it only makes the presumed V2 even younger & closer to the 10-12 range.
     
  8. ILLINOISLION

    ILLINOISLION Well-Known Member
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    Spanier loses appeal? He never had much appeal in the first place.....!
     
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  9. nits74

    nits74 Well-Known Member
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    OK, thanks Raffy.
     
  10. interrobang

    interrobang Well-Known Member
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    How would Spanier present any evidence disputing the age of the kid when Spanier had no idea who it was? Actually no one did.
     
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  11. BobPSU92

    BobPSU92 Well-Known Member
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    Ba-dum-bum.


    ;)
     
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  12. Pinkhippo PeanutButter

    Pinkhippo PeanutButter Well-Known Member
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    In 2001? Sure.

    At Spanier's trial? There sure does seem to be some evidence as to who it was. But none put forward by Spaniers defense.

    Jerry's PCRA team put forth some.

    Most of this uncovered by Ray Blehar but widely spread by Zig.
     
  13. didier

    didier Well-Known Member
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    I thought Ray didn't believe that was Victim 2.
     
  14. sluggo72

    sluggo72 Well-Known Member
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    True
     
  15. interrobang

    interrobang Well-Known Member
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    If the court based their decision on the person unofficially identified as V2, then they would have used an exact age
     
  16. RussianEagle

    RussianEagle Well-Known Member
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    Ray makes no sense. He acknowledges that McQueary did not get a good look at the incident. He admits that the incident may have occurred prior to Feb 9th and that McQueary waited much longer than just one day to tell Paterno. But then claims Jerry Sandusky is continually lying about the boy being Allan Myers even though Myers has turned on Sandusky, but the so-called “real victim 2”, if he exists, has apparently not turned on Sandusky. Myers has also never claimed that he was wrongly pressured into coming forward as the boy in the shower, and was the only claimant paid by PSU as “victim 2”
     
    16 RussianEagle, Jun 26, 2018
    Last edited: Jun 26, 2018
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  17. RussianEagle

    RussianEagle Well-Known Member
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    Spanier knows damn well the boy is Allan Myers. I don’t know why he is being such a pussy
     
  18. Chris92

    Chris92 Well-Known Member
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    Ray did until his falling out with Zig.
     
  19. Chris92

    Chris92 Well-Known Member
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    No one has been able to explain how AM knew about the slamming of the wooden locker door before that went public.
     
  20. Pinkhippo PeanutButter

    Pinkhippo PeanutButter Well-Known Member
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    100% Ray didn't want to be seen as outing a victim. Though he did all the research that led Zig to AM.

    So when Zig "accidentally" let AM's name slip out in a nationally promoted release on framingpaterno, Ray had to discalim that AM=V2.

    Emails posted on Zig's site prove all of this.

    I don't care for Zig, but he's at least honest when he states facts. (He doesn't about a lot of of things, he hedges, or says "I believe" - which is him stating an opinion, not stating a fact. When he states a FACT, it's always right. I give him that.
     
    20 Pinkhippo PeanutButter, Jun 26, 2018
    Last edited: Jun 26, 2018
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  21. Pinkhippo PeanutButter

    Pinkhippo PeanutButter Well-Known Member
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    I don't think that's true. The GJP was out prior to AM talking to Jerry's investigator.

    Fair point generally though. Only the ballsiest con man would be able to pull that story together so fast. And bring his mother along?

    But ... that's why the ballsiest con men often make the big bucks too!
     
  22. RussianEagle

    RussianEagle Well-Known Member
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    Except the obvious explanation that he was in the shower when he heard the door shut (though it likely did not slam)
     
  23. jbenedict

    jbenedict Well-Known Member
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    Spanier does not have a chance of making any headway until proceedings are held out of this state. There all in bed together and corrupt to the fullest. It makes me sick.
     
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  24. Chris92

    Chris92 Well-Known Member
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    There's no mention of any locker doors in the presentment.
     
  25. Pinkhippo PeanutButter

    Pinkhippo PeanutButter Well-Known Member
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    I get that, but Amendola would have had access to everything at that point, wouldn't he? All testimony. And that's where the interview took place. Even if not, certainly Jerry knew about the Locker door & was in contact with AM prior to AM's interview with Amendola's investigator.
     
  26. Chris92

    Chris92 Well-Known Member
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    Amendola didn't have anything four days after the GJP was released. Jerry didn't expect to be charged for the V2 incident. Even if he and AM had a plan for AM to come forward, a wooden locker door slamming from ten years earlier was part of the plan? MM supposedly never mentioned that detail until Eschbach inadvertently outed him in the GJP.
     
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  27. RussianEagle

    RussianEagle Well-Known Member
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    Zig learned who “victim 2” was based on the description Sandusky provided during his prison interview.
     
  28. Pinkhippo PeanutButter

    Pinkhippo PeanutButter Well-Known Member
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    The emails on framing paterno indicate otherwise.
     
  29. RussianEagle

    RussianEagle Well-Known Member
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    Not to mention, Even after Myers turned on Sandusky, he still never claimed Sandusky forced him or pressured him into providing the statement to Amendola/Everhart exonerating Sandusky.
     
  30. Pinkhippo PeanutButter

    Pinkhippo PeanutButter Well-Known Member
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    True. never had too. Never was asked.

    Spanier could have asked, if he put on a defense at all.
     
  31. RussianEagle

    RussianEagle Well-Known Member
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    Ziegler already knew Myers was “Victim 2”, Blehar had just found a picture/article of Myers showing how much he supported Sandusky a year after the “shower incident”
     
  32. Pinkhippo PeanutButter

    Pinkhippo PeanutButter Well-Known Member
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    Then why in the emails does JZ say stuff like "Are you sure?"

    Whatever. I don't care about their fight. And it has almost nothing to do with this Spanier topic. By his trial Spanier had tons of evidence tending towards V2=AM & didn't use any of it, and now, it bites him in the butt because he cannot establish that the statute of limitations ran out, at least he can't based on what was produced at trial. And even in a PCRA, this wouldn't be considered "new evidence" because it was well known by his trial.

    At the best he can argue attorney incompetence, but I'm sure that his team talked through all this (they had years to do so, unlike Jerry) and that said decision is well documented.
     
  33. stormingnorm

    stormingnorm Well-Known Member
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    Gee.

    I guess that Spanier/Silver Strategery is hitting on all cylinders.
     
  34. pandaczar12

    pandaczar12 Well-Known Member
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    Took the words right out of my mouth!

    So it sounds like he didn't win his appeal based on the statute of limitations... but what about the fact that he didn't commit the crime? Did he not think to work that angle too?!?!?
     
  35. Connorpozlee

    Connorpozlee Well-Known Member
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    Can anybody provide a reasonable explanation as to why his attorneys didn’t make a case for him in court?
     
  36. interrobang

    interrobang Well-Known Member
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    A statute of limitations whose date was determined by the assumed age of an unknown victim.
     
  37. sluggo72

    sluggo72 Well-Known Member
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    I thought he was convicted of a crime he couldnt have committed. For example you are guilty of A if and only if B is true. Well it was proved B was untrue so he couldnt be convicted of A. or is B, the 'statue of limitations' thing in this case? tia
     
  38. mcgunns

    mcgunns Well-Known Member
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    i do think spanier deserves to be in jail but these court cases seem completely unjust and ridiculous
    im amazed that he hasnt been acquitted yet
     
  39. RussianEagle

    RussianEagle Well-Known Member
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    Fixed it for you.

    The PA OAG had 6 years and near unlimited resources to determine this boy's identity. Finding him and having him testify to abuse would have been the only way to have the felony charges stick against not only Spanier, but also Curley and Schultz. There were also only about 2 or 3 young men who had any one on one contact with Sandusky during that time period. I can't believe some people see the theory that there is still someone "unknown rape victim" out there as anything other than laughable.
     
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  40. RussianEagle

    RussianEagle Well-Known Member
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    The only theory that makes any sense whatsoever is that Spanier's attorney is afraid of being blackballed by the PA legal community (prosecutors, judges, etc.) if he gives any validity to John Ziegler's findings.
     

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