Spanier loses appeal.....

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

  1. RussianEagle

    RussianEagle Well-Known Member
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    Mostly because the grand jury report stated the term “anal intercourse”, which in follow up emails both the witness (McQueary) and the reports author (Eshbach) acknowledge was not true.
     
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  2. indynittany

    indynittany Well-Known Member
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    Nothing happened!
     
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  3. Osprey Lion

    Osprey Lion Well-Known Member
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    You were there? I know you weren't but you keep stating your idiotic opinions as if they are facts. Seek help.
     
  4. indynittany

    indynittany Well-Known Member
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    There were two people there. Jerry Sandusky and Allan Myers. Both said nothing happened. So call me any name you want, but you can't deny those facts.
     
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  5. BobPSU92

    BobPSU92 Well-Known Member
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    Please take this opportunity to use the Ignore feature.
     
  6. pandaczar12

    pandaczar12 Well-Known Member
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    You can prove something happened? You were there? I know you weren't but you keep stating your idiotic opinions as if they are facts. Seek help.
     
  7. pandaczar12

    pandaczar12 Well-Known Member
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    Patiently awaiting thoughtful, carefully constructed responses, that address each and every challenge in my post to the best of your ability.
     
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  8. PSU2UNC

    PSU2UNC Well-Known Member
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    Your statement is actually untrue.

    When a jury is instructed, their instructions include how they apply the law (e.g. what criteria must be met for the law to have been broken), but then it ABSOLUTELY is up to them to decide whether the law was broken or not. So it is far more than just determining what the facts are.

    Furthermore, that wasn't really my point. Improper jury instruction is groundsfor a new trial. If the judge did not adequately describe the subtlety in question (which is kind of sounds like nobody even knew about it until the state discovered it post hoc), then that's a procedural problem.
     
  9. ChiTownLion

    ChiTownLion Well-Known Member
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    This jagoff.
     
  10. Chris92

    Chris92 Well-Known Member
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    How's the hunt for V2 "known only to God" coming? Any updates from the OAG's office?
     
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  11. lionville

    lionville Well-Known Member
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    Thumping his chest over spending millions to get a misdemeanor conviction. What a d!ck.
     
  12. stormingnorm

    stormingnorm Well-Known Member
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    Shapiro is one of the true Gold Standard C^cks^ckers.
     
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  13. BobPSU92

    BobPSU92 Well-Known Member
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    And a weak misdemeanor conviction at that. Like Graham did that. Total shit show in PA.
     
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  14. Art

    Art Well-Known Member
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  15. BobPSU92

    BobPSU92 Well-Known Member
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  16. mcgunns

    mcgunns Well-Known Member
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    ok i dont know anything about second mile but this guy should fry too
     
  17. YYZ86

    YYZ86 Well-Known Member
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    Did you call any experts to see if the PSU admins should have tried to find the identity of the child? Was curious to hear the experts response?
     
  18. mcgunns

    mcgunns Well-Known Member
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    so if i told the police i saw my neighbor raping a little boy they should just ask the neighbor about it and then move on if he denies it?
     
  19. sluggo72

    sluggo72 Well-Known Member
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    What he's saying is, if you made that report the police would tell you (the citizen making the report) go find the identity of the little boy before you report , that's your job not ours
     
  20. YYZ86

    YYZ86 Well-Known Member
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    I wanted you to find out if it is proper procedure (or even a remotely good idea) for Spanier and the PSU admins (even Schultz) to go looking for the boy as you stated. In your completely different example, I would be asking that once you told the cops, should you go looking for the boy yourself? That is what you said you wanted Spanier to tell his admins to do. They told TSM which in many peoples opinion is akin to covering it up. If TSM followed the proper guidelines, it should have been more than enough.
     
  21. Obliviax

    Obliviax Well-Known Member
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    Looks like Spanier is trying to get State Superior Judge recused for an undisclosed conflict of interest.

    Three days after Judge Stabile authored a 2-1 Superior Court decision upholding Spanier's conviction, Spanier got an email from an old colleague, Philip McConnaughay, former dean of the Penn State Dickinson School of Law [DSL] from 2002 to 2013.

    In the email, McConnaughay informed Spanier that "between 2003 and 2006, Judge Stabile, then a lawyer in private practice, was a leader of a group of DSL alumni who were stridently opposed to Penn State's plans to either relocate DSL or to create a second campus of DSL in State College," Spanier's lawyers wrote.

    While leading that opposition, Stabile "made critical personal comments about those Penn State administrators, including Dr. Spanier, who favored such a plan," Spanier's lawyers wrote.

    "Emails and documents from that period that Dr. Spanier has obtained in the past few days demonstrate that there are grounds for Judge Stabile's recusal from participation in this matter. In light of this information, the Court should vacate the Panel's decision, and the matter should be reassigned and reargued before another panel or before the Court en banc."

     
  22. Pardlion

    Pardlion Well-Known Member
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    Unlikely to succeed, but this judge should not have handled the case.
     
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  23. wensilver

    wensilver Well-Known Member
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    You cannot be serious.


    IF you had taken ANY training, such as Safe Sport - you would know that out-of-program contact is EXACTLY what Jerry was doing with with Second Mile minors.

    Now put your swim trunks on, run along and let the adults talk.
     
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  24. francofan

    francofan Well-Known Member
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    Ralph Cipriano has another exccellent blog post today, this one entitled "Spanier seeks recusal of judge for undisclosed conflict." The post details Spanier's latest efforts to overturn Superior Courts 2-1 decision to deny Spanier's appeal of his misdemeanor conviction based on Superior Court Judge Victor P. Stabile (who wrote the majority opinion) apparent bias against Spanier as demonstrated in emails that Stabile wrote in 2005 objecting to Penn State's plans to either relocate Dickinson School of Law (DSL) to State College or create a second campus of DSL in State College.

    It will be interesting to see how Spanier's appeal is adjudicated. It seems like Spanier has a very strong case in his appeal based on both the law as well as the facts; however, this is Pennsylvania and it seems like the prosecution has some very strong allies in the judicial hierarchy and I wouldn't be shocked if Spanier's appeal is ultimately denied and Spanier will have to spend around 30 days incarcerated. I hope the appeal is either sent back to Superior Court or the Pennsylvania Supreme Court decides to overturn the conviction.

    http://www.bigtrial.net/2018/07/spanier-seeks-recusal-of-judge-for.html
     
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  25. AvgUser

    AvgUser Well-Known Member
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    Everyone involved in this cluster (on the defensive side) has had very strong, fact-based evidence to indicate that they should never have been charged, let alone convicted/pled, of anything.

    You said it well: This is, after all, Pennsylvania

    I will modify it for you:
    This is, after all, Pennsylvania where nobody is above the law, ...
    unless you are part of the law.
     
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  26. francofan

    francofan Well-Known Member
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    This is Ralph's fifth in-depth blog post in the last several weeks. I think he is doing a fantastic job in reporting analysis of what has happened and in the various judicial proceeding. I think he is the best journalist or blogger around that has chronicled the events surrounding the fiasco. He seems very objective to me. Can anybody identify any thing he has clearly gotten wrong?
     
  27. francofan

    francofan Well-Known Member
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    Here is a link to Spanier's appeal of the Superior Court decision denying the appeal of his misdemeanor conviction. The 75 page filing seems like it makes a very strong case that the convictions should be overturned. However, this is Pennsylvania, and nothing that can happen within the Pennsylvania judiciary will surprise me given what has happened over the last 7 years.

    https://www.docdroid.net/kxLjPbY/20180710-spanier-reargument-application.pdf
     
    187 francofan, Jul 11, 2018
    Last edited: Jul 12, 2018
  28. Bubbas Breakaway

    Bubbas Breakaway Active Member
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    What statute in PA makes TSM respsonible for out of program activities?

    There's a reason why 4 consecutive AGs have ignored you.
     
  29. PSU2UNC

    PSU2UNC Well-Known Member
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    What PA statute makes PSU responsible for youths that have no affiliation with PSU?
     
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  30. nits74

    nits74 Well-Known Member
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    This thing is rigged. Nothing will make a difference at this point.
     
  31. francofan

    francofan Well-Known Member
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    I agree that a lot of things are rigged in the Pennsylvania judiciary system, but I don't believe that everything is rigged. I still believe that there is a good chance that Spanier will not spend a day in jail. I think it is quite possible that Superior Court might get a second chance to make the right decision in Spanier's appeal of his misdemeanor conviction. If it comes down to it, I think that there is an excellent chance that the Pennsylvania Supreme will overrule his conviction.
     
  32. Osprey Lion

    Osprey Lion Well-Known Member
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    In what world? That's like saying if you reported seeing a child dragged kicking and
    screaming into a passing car, the police would ask for the child's name. If you replied that you didn't know. the police would tell you to call them back when you do.
     
  33. PSU2UNC

    PSU2UNC Well-Known Member
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    Right, which I think is the point: anyone who criticizes C/S/S for "not looking for the little boy to make sure he was OK" is insane.
     
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  34. YYZ86

    YYZ86 Well-Known Member
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    I guess my original point is still unclear to some. A poster said that C/S/S should have looked for the identity of the victim. I doubt a single expert would ever agree with that statement no matter what MM reported to C/S/S. When I read those kind of posts, I ask them to contact an expert to see what they say. To take the word of an internet poster (including myself) is in a word foolish.
     
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  35. colt21

    colt21 Well-Known Member
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    That's pretty simple - the CPSL makes TSM responsible when a report is made to them

    As to why the AGs have ignored this - imho that is why people believe they (and the system) are/is corrupt.

    If you asked an actual Child Welfare Professional in PA, they would tell you that its unfathomable (that's a big word for me) that TSM was not responsible once they received a report. And further, they wouldn't be able to even imagine of a scenario where the person who should be held most responsible for that report (JR) was able to serve as a witness for the prosecution.

    Draw your own conclusions
     
    195 colt21, Jul 12, 2018
    Last edited: Jul 13, 2018
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