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Spanier loses appeal.....

I do think V5's statement in his claim against PSU that contradicted his trial testimony would certainly qualify as "new evidence".

Also, where exactly does JZ state "Are you sure?" to RB with regards to the identity of V2? JZ admits that he came to believe in Sandusky's innocence largely through Ray's work, but I do not see any evidence of Ray determining the identity of V2 before Zig.

The emails at bottom are, at the least showing that Ray believed AM outed himself via letters to editor, which JZ didn't seem to know at the time.

http://www.framingpaterno.com/email...he-believes-regarding-victim-2-jerry-sandusky
 
By Ralph Cipriano
for BigTrial.net

Allan Myers, the boy in the Penn State showers that Mike McQueary allegedly saw being raped by Jerry Sandusky, sure has a lousy memory.

Myers couldn't remember when a picture of him posing with Sandusky had been taken, even though it was at Myers' own wedding.

Myers couldn't remember telling a couple of state troopers who interviewed him in 2011 that Sandusky had never abused him.

Myers couldn't remember what he told a private investigator, that Mike McQueary was a liar, and that nothing sexual ever happened in the shower. And finally, Myers couldn't remember what he told the state attorney general's office after he flipped, and was claiming that Jerry had abused him.

Myers made all these fuzzy statements during a Nov. 4, 2016 hearing where he was called as a witness as part of Sandusky's bid for a new trial. A 48-page transcript of that hearing was released for the first time earlier this week, in response to a request from a curious reporter for a major mainstream media news outlet. Myers' pathetic performance on the witness stand proves what a screwed-up case this is, featuring overreaching prosecutors and a hysterical news media.

Read more at http://www.bigtrial.net/2017/09/boy-in-shower-says-he-cant-remember-34.html#WERGt6PlqTwRukZb.99
 
Why do you think he deserves to be in jail?
even if i were to believe the alternative reality version of events that paints him in the best light possible(which i don't), he decided that "horseplay" in the shower with a little boy is not something that should be looked into further. Unacceptable.
 
even if i were to believe the alternative reality version of events that paints him in the best light possible(which i don't), he decided that "horseplay" in the shower with a little boy is not something that should be looked into further. Unacceptable.

An error in judgment does not constitute a crime. That is a slippery slope. We are all also looking at the case with full benefit of hindsight.
 
Can anybody provide a reasonable explanation as to why his attorneys didn’t make a case for him in court?
1. That is easy. The crime for which he was charged simply did not apply. It doesn't get any more clear cut than that. The text below is from the EWOC statute in PA.
1. Spanier was not supervising the child nor was he responsible for Sandusky's behavior and actions.
2. Spanier did not Interfere or prevent any reporting.
3. Spanier was not providing care, education training or control of any child (aka V2)
(FYI: neither were Curley and Schultz)

Given that none of the elements of the statute were met, why fight it?

Why twelve dopes on a jury could not understand that simple fact is another failure. That comes down to the survey that indicated a majority of potential jurors felt that "even if no crime was committed, someone should be punished".


http://www.legis.state.pa.us/cfdocs...ype=HTM&ttl=18&div=0&chpt=43&sctn=4&subsctn=0

Endangering welfare of children.

(a) Offense defined.--

(1) A parent, guardian or other person supervising the welfare of a child under 18 years of age, or a person that employs or supervises such a person, commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support.

(2) A person commits an offense if the person, in an official capacity, prevents or interferes with the making of a report of suspected child abuse under 23 Pa.C.S. Ch. 63 (relating to child protective services).

(3) As used in this subsection, the term "person supervising the welfare of a child" means a person other than a parent or guardian that provides care, education, training or control of a child.
 
even if i were to believe the alternative reality version of events that paints him in the best light possible(which i don't), he decided that "horseplay" in the shower with a little boy is not something that should be looked into further. Unacceptable.

It WAS looked into further. Spanier did approve the decision for Tim Curley to contact Jack Raykowitz, the CEO of the Second Mile who was a licensed child psychiatrist and who should have been much more educated in the area of "grooming" than Spanier, let alone Curley, Schultz, and Paterno. Instead Raykowitz was used a a prosecution witness and got off scot-free.

What evidence do you have that Allan Myers was subject to actual sexual contact, or that the boy was not Allan Myers? I will concede that Allan, after seeing the media shitstorm and his friends turn on Sandusky, honestly came to believe he was being groomed by Sandusky when was he was a teen.
 
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even if i were to believe the alternative reality version of events that paints him in the best light possible(which i don't), he decided that "horseplay" in the shower with a little boy is not something that should be looked into further. Unacceptable.
The law at the time (2001?) indicates GS was not required by law to report the 2nd or 3rd hand incident. If I am GS I am trying to get this to the federal level and away from the terribly corrupt PA judicial system.

Serious question: What do you think Lou Anna Simon should be sentenced to? If GS gets jail time for 2nd/3rd hand information of horse play, what is the sentence for 2nd hand information of multiple sexual assaults?
 
even if i were to believe the alternative reality version of events that paints him in the best light possible(which i don't), he decided that "horseplay" in the shower with a little boy is not something that should be looked into further. Unacceptable.
Did they not tell Jack Raykovitz about Sandusky? (i.e., Curley after speaking with Spanier and Schultz) .

You are seemingly one of those can't-think-for-myself potential jurors that thinks that someone should be put in jail even though a crime wasn't committed.
 
By Ralph Cipriano
for BigTrial.net


Allan Myers, the boy in the Penn State showers that Mike McQueary allegedly saw being raped by Jerry Sandusky, sure has a lousy memory.

Myers couldn't remember when a picture of him posing with Sandusky had been taken, even though it was at Myers' own wedding.

Myers couldn't remember telling a couple of state troopers who interviewed him in 2011 that Sandusky had never abused him.

Myers couldn't remember what he told a private investigator, that Mike McQueary was a liar, and that nothing sexual ever happened in the shower. And finally, Myers couldn't remember what he told the state attorney general's office after he flipped, and was claiming that Jerry had abused him.

Myers made all these fuzzy statements during a Nov. 4, 2016 hearing where he was called as a witness as part of Sandusky's bid for a new trial. A 48-page transcript of that hearing was released for the first time earlier this week, in response to a request from a curious reporter for a major mainstream media news outlet. Myers' pathetic performance on the witness stand proves what a screwed-up case this is, featuring overreaching prosecutors and a hysterical news media.

Read more at http://www.bigtrial.net/2017/09/boy-in-shower-says-he-cant-remember-34.html#WERGt6PlqTwRukZb.99
thanks- the comments make for some interesting reading....
 
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Did they not tell Jack Raykovitz about Sandusky? (i.e., Curley after speaking with Spanier and Schultz) .

You are seemingly one of those can't-think-for-myself potential jurors that thinks that someone should be put in jail even though a crime wasn't committed.

The fact that he uses the term "little boy" makes me believe he has no knowledge of the case at all save for what was reported in the media a few days after Sandusky's arrest.
 
thanks- the comments make for some interesting reading....

I find it quite ironic that Blehar makes this statement in the comments. He is technically correct, just for the wrong reason, since its now most likely that the shower incident occurred on December 29, 2000.

"Bottom line, NOTHING that AM has ever said provided ANY EVIDENCE WHATSOEVER that he was in the locker room with Jerry on February 9, 2001. NOTHING."
 
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even if i were to believe the alternative reality version of events that paints him in the best light possible(which i don't), he decided that "horseplay" in the shower with a little boy is not something that should be looked into further. Unacceptable.

That is a really low bar for putting someone in jail. Sure hope you're prepared to have your actions judged by the same standard.
 
I find it quite ironic that Blehar makes this statement in the comments. He is technically correct, just for the wrong reason, since its now most likely that the shower incident occurred on December 29, 2000.

"Bottom line, NOTHING that AM has ever said provided ANY EVIDENCE WHATSOEVER that he was in the locker room with Jerry on February 9, 2001. NOTHING."
yes I thought of that as well. It seems Blehar hangs everything on his inability to draw the locker room.
 
yes I thought of that as well. It seems Blehar hangs everything on his inability to draw the locker room.

I find that interesting also.

I've tried to sketch a floorplan of my house a couple of times for handymen, etc... and it always ends up looking like AM's drawing. Unless you are an artist or trained it's not that easy to draw a floorplan.
 
1. That is easy. The crime for which he was charged simply did not apply. It doesn't get any more clear cut than that. The text below is from the EWOC statute in PA.
1. Spanier was not supervising the child nor was he responsible for Sandusky's behavior and actions.
2. Spanier did not Interfere or prevent any reporting.
3. Spanier was not providing care, education training or control of any child (aka V2)
(FYI: neither were Curley and Schultz)

Given that none of the elements of the statute were met, why fight it?

Why twelve dopes on a jury could not understand that simple fact is another failure. That comes down to the survey that indicated a majority of potential jurors felt that "even if no crime was committed, someone should be punished".


http://www.legis.state.pa.us/cfdocs...ype=HTM&ttl=18&div=0&chpt=43&sctn=4&subsctn=0

Endangering welfare of children.

(a) Offense defined.--

(1) A parent, guardian or other person supervising the welfare of a child under 18 years of age, or a person that employs or supervises such a person, commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support.

(2) A person commits an offense if the person, in an official capacity, prevents or interferes with the making of a report of suspected child abuse under 23 Pa.C.S. Ch. 63 (relating to child protective services).

(3) As used in this subsection, the term "person supervising the welfare of a child" means a person other than a parent or guardian that provides care, education, training or control of a child.

But he was in a courtroom, on trial for committing a crime. Why not offer up a defense? How was it going to hurt his case?
 
But he was in a courtroom, on trial for committing a crime. Why not offer up a defense? How was it going to hurt his case?

It's not even so much putting on a case, but if there are bits of evidence that need to be in the record for appeal, then it's incumbent on the defense to do so. Like the ID & age of AM, and at least the probability that he is V2. They could have also just asked him, "are you V2?"
 
It's not even so much putting on a case, but if there are bits of evidence that need to be in the record for appeal, then it's incumbent on the defense to do so. Like the ID & age of AM, and at least the probability that he is V2. They could have also just asked him, "are you V2?"

That’s fine. But why did they just sit there and not offer up a defense?
 
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?!?!?
I’m glad someone mentioned that pesky crime [and applicable statute] thing. I don’t know where I come out on whether or not he committed a crime, but it seemed among the more viable defenses from the language of the statute.

SOL helps avoiding the quiet study room with bad meals, sheets and clothes. But that doesn’t speak to whether he committed a crime.
1. That is easy. The crime for which he was charged simply did not apply. It doesn't get any more clear cut than that. The text below is from the EWOC statute in PA.
1. Spanier was not supervising the child nor was he responsible for Sandusky's behavior and actions.
2. Spanier did not Interfere or prevent any reporting.
3. Spanier was not providing care, education training or control of any child (aka V2)
(FYI: neither were Curley and Schultz)

Given that none of the elements of the statute were met, why fight it?

Why twelve dopes on a jury could not understand that simple fact is another failure. That comes down to the survey that indicated a majority of potential jurors felt that "even if no crime was committed, someone should be punished".


http://www.legis.state.pa.us/cfdocs...ype=HTM&ttl=18&div=0&chpt=43&sctn=4&subsctn=0

Endangering welfare of children.

(a) Offense defined.--

(1) A parent, guardian or other person supervising the welfare of a child under 18 years of age, or a person that employs or supervises such a person, commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support.

(2) A person commits an offense if the person, in an official capacity, prevents or interferes with the making of a report of suspected child abuse under 23 Pa.C.S. Ch. 63 (relating to child protective services).

(3) As used in this subsection, the term "person supervising the welfare of a child" means a person other than a parent or guardian that provides care, education, training or control of a child.
good answer. A strict constructionist would likely agree, but I don’t think you answered his question.
 
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That’s fine. But why did they just sit there and not offer up a defense?

As Barry pointed out, there are only 2 scenarios.

1) Spanier & his attorney are dumb. Doubtful.

2) they were concerned about what Pandora box might be opened if they went there.

I hope also that it's not (2) but, they aren't dumb guys, and there isn't any other explanation.
 
The Appellate Court’s judgements (including the dissident opinion) are both available to read and review (they are more than a paragraph long, so I expect not many will actually read them)

If one does read those papers, it is crystal clear that if Spanier had done EITHER of the two most basic things during his trial, his situation today would be completely different (regardless of the ethical/unethical conduct of the Prosecution)

Those two mind-numbing items?

1) The abject failure to interrogate Tom Kline’s show pony (V5?)
And
2) The refusal to question Jack Rakovitz.

Both of these situations required no prescient foresight....... just a smattering of “paying attention”, and an IQ above room temperature.


He does either one of those things (things that ANYONE who actually seeks the “truth” would have done) and he is well past this entire ordeal.


Why didn’t he? (Aside from the clear fact that he had no actionable interest in seeking “truth”)

I can only propose two alternatives......

1) He and his counsel (Silver) are the dumbest, most oblivious humps to ever walk on two feet
Or
2) He was afraid of what might have been elicited to further implicate himself or others.


Any scenario would fall under one or both of those two broad headings.



It is what it is.


I would rearrange your wording and come up with Item 3:

3) They were afraid to ask tough questions of V5 in fear of alienating the jury because they were too dumb to realize that, in this particular case, no defense is tantamount to admitting guilt. Maybe that is not the way it should work, but for this particular matter, you weren't paying attention to reality.
 
That is a really low bar for putting someone in jail. Sure hope you're prepared to have your actions judged by the same standard.
It's obvious he has very little knowledge regarding all of this. Gets his information from MSM, which at best is akin to cliff notes. This makes him the perfect candidate to be on a jury.
 
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As Barry pointed out, there are only 2 scenarios.

1) Spanier & his attorney are dumb. Doubtful.

2) they were concerned about what Pandora box might be opened if they went there.

I hope also that it's not (2) but, they aren't dumb guys, and there isn't any other explanation.

If that was the case, why would they be appealing?
 
The Appellate Court’s judgements (including the dissident opinion) are both available to read and review (they are more than a paragraph long, so I expect not many will actually read them)

If one does read those papers, it is crystal clear that if Spanier had done EITHER of the two most basic things during his trial, his situation today would be completely different (regardless of the ethical/unethical conduct of the Prosecution)

Those two mind-numbing items?

1) The abject failure to interrogate Tom Kline’s show pony (V5?)
And
2) The refusal to question Jack Rakovitz.

Both of these situations required no prescient foresight....... just a smattering of “paying attention”, and an IQ above room temperature.


He does either one of those things (things that ANYONE who actually seeks the “truth” would have done) and he is well past this entire ordeal.


Why didn’t he? (Aside from the clear fact that he had no actionable interest in seeking “truth”)

I can only propose two alternatives......

1) He and his counsel (Silver) are the dumbest, most oblivious humps to ever walk on two feet
Or
2) He was afraid of what might have been elicited to further implicate himself or others.


Any scenario would fall under one or both of those two broad headings.



It is what it is.


(FWIW, I wouldn’t be surprised at all if Spanier eventually finds that one of his appeals yields the results he is hoping for.....
But, whether it does or it doesn’t, one thing is for sure - there will be no “truth” found in the process. And that was SUPPOSED TO BE what we all wanted/deserved. Alas,)

Maybe they chose to not put up a defense because the law didn’t apply and they knew this shit show has to make its way to a courtroom beyond the county/state level for anyone to see that.
 
1) The abject failure to interrogate Tom Kline’s show pony (V5?)
And
2) The refusal to question Jack Rakovitz.

Both of these situations required no prescient foresight....... just a smattering of “paying attention”, and an IQ above room temperature.

I dunno Barry - I sat at trial for most of those days. ( I missed Tom Kline's victim)

From where I sat, the entire case was a farce. Ditka had nothing. I watched the jury foreman fall asleep. The level of unprofessionalism from the OAG's "A Team" - it was just stunning. I watched McQueary engage with Ditka in what was clearly a very rehearsed back-and-forth. Ditka spun yet another version of Mike's ever evolving story and introduced new imagery to the jury.

As the judge read down the charging document - not a single charge applied to Spanier. None.

I wonder if simply it was a matter of getting it the hell out of Commonwealth Court and into a more logical arena.

I just don't know. But what I can tell you, is that I have zero faith & trust in "the system" - and God help any of us regular schmucks out here if we were ever targeted by a prosecutor like this. And you know my feelings about how MMQ could still be SuperMan in all this by blasting the Office of Attorney General for ruining everyone's lives & smearing the larger PSU community over a bullshit LIE of "anal rape in a Penn State shower".

This opens up a HUGE can of worms for anyone in Higher Education and will affect the quality of leadership at those universities, which then affects students and tuition paying parents. It has made volunteers drop like flies from youth-serving organizations. It shot out the remaining tires on Child Protective Services in all 67 counties here in PA. It allowed the mid-Michigan community to be blissfully unaware of the Larry Nassar asteroid circling overhead.

The blast radius from all this is immense.

What bothers me the most is that I personally sat down with Josh Shapiro on THREE separate occasions over this matter. I placed research into his hands. We discussed the Second Mile leadership. We discussed how Freeh's false narrative is actually going to HARM MORE KIDS. He patted my arm and told me he'd hold them accountable.

Today he (or rather Joe Grace) is doing a little victory lap on Twitter about "No One Is Above The Law".

Oh FFS.

Slapping Sounds and Swim Trunks.

 
I do think V5's statement in his claim against PSU that contradicted his trial testimony would certainly qualify as "new evidence".

Also, where exactly does JZ state "Are you sure?" to RB with regards to the identity of V2? JZ admits that he came to believe in Sandusky's innocence largely through Ray's work, but I do not see any evidence of Ray determining the identity of V2 before Zig.
Schultz's lawyers didn't believe AM was V2, either
 
Schultz's lawyers didn't believe AM was V2, either

They knew very little at the time. I think all that was known to them was a man claiming to be the "shower victim" was now suing Penn State. That statement was more about expressing skepticism about the flood of young men coming forward and expecting Penn State to open their pocketbooks.

BTW, I know for an absolute fact that Gary Schultz now strongly believes Jerry Sandusky to be innocent.
 
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They knew very little at the time. I think all that was known to them was a man claiming to be the "shower victim" was now suing Penn State. That statement was more about expressing skepticism about the flood of young men coming forward and expecting Penn State to open their pocketbooks.

BTW, I know for an absolute fact that Gary Schultz now strongly believes Jerry Sandusky to be innocent.

That’s interesting. Why does he believe that?
 
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It is pretty clear that Spanier got railroaded. I feel sorry for him, but not as sorry as I feel for Joe Paterno.

However, in some ways Spanier brought this on himself. 1) He participated in a corrupt administrative culture at Penn State that threw him under the bus when they no longer had use for him; and 2) He is complicit in an educational system that has destroyed critical thinking skills, beginning in grade school all the way through college education, resulting in a jury that wrongly found him "guilty".

Hopefully, Spanier will find a way to appeal this decision and get a more just outcome for himself. But he is also in this position due to the choices he made in his profession over the years.
 
Spanier knows damn well the boy is Allan Myers. I don’t know why he is being such a pussy
R.E. "Why are you so sure Spanier knows damn well Alan Myers is vic 2" Itseems some pretty knowledgeable folks disagree. [Ray, Jimmy etc]
 
Did they not tell Jack Raykovitz about Sandusky? (i.e., Curley after speaking with Spanier and Schultz) .

You are seemingly one of those can't-think-for-myself potential jurors that thinks that someone should be put in jail even though a crime wasn't committed.
Except as I already said I would not have convicted him of these crimes.

That is a really low bar for putting someone in jail. Sure hope you're prepared to have your actions judged by the same standard.
No, it's not. Yes, I am. I don't expect much from him. I would be satisfied if he had told Schultz to do a little looking for the kid and never even bothered following up. Presidents are very busy, I understand this. But Spanier, Curley, Schultz very clearly decided to deliberately avoid looking into it because they didn't want to know.
 
They knew very little at the time. I think all that was known to them was a man claiming to be the "shower victim" was now suing Penn State. That statement was more about expressing skepticism about the flood of young men coming forward and expecting Penn State to open their pocketbooks.

BTW, I know for an absolute fact that Gary Schultz now strongly believes Jerry Sandusky to be innocent.
wow! Innocent? What has occurred that has made him feel that way, or has he always felt that way? Any insight as to why he or Tim haven't come forward with their side of the story?
 
even if i were to believe the alternative reality version of events that paints him in the best light possible(which i don't), he decided that "horseplay" in the shower with a little boy is not something that should be looked into further. Unacceptable.
And it was "looked into further". TSM was notified. They dropped the ball; not C/S/S
 
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They knew very little at the time. I think all that was known to them was a man claiming to be the "shower victim" was now suing Penn State. That statement was more about expressing skepticism about the flood of young men coming forward and expecting Penn State to open their pocketbooks.

BTW, I know for an absolute fact that Gary Schultz now strongly believes Jerry Sandusky to be innocent.
Innocent? How would he know?
 
even if i were to believe the alternative reality version of events that paints him in the best light possible(which i don't), he decided that "horseplay" in the shower with a little boy is not something that should be looked into further. Unacceptable.

No he did not decide that it shouldn't looked into, the second mile did. You know the organization that was trained and licensed to handle such a matter... and was responsible for both the alleged victim and the alleged perpetrator?
 
Except as I already said I would not have convicted him of these crimes..

But, you said Spanier deserves jail time. For what? What law did he break? Please be specific and to the point. Or, do you instead want to admit that your statement was a stupid one to make?
 
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