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We’re Going to Trial: All Charges Stick in Curley/Schultz/Spanier Preliminary Hearing
Onward State ^ | July 30, 2013 | Kevin Horne

Posted on 07/30/2013 3:33:49 PM PDT by Uncle Chip

After two days of testimony, we’re officially going to trial.

Judge William Wenner ruled instantly after closing arguments this afternoon that all charges against Gary Schultz, Tim Curley, and Graham Spanier will stick.

A trial date has not been set yet but is anticipated for the spring. Yahoo’s Dan Wetzel reports that legal experts think the contentious trial could last up to two months.

“It’s a tragic day for Penn State University for sure,” Judge Wenner said while making his ruling.

AG Investigator Anthony Sassano was the last witness to testify. He was one of the first investigators to interview Mike McQueary as part of the Sandusky investigation.

The three attorneys attempted to paint a picture of coercion by the prosecution to get exaggerated statements by McQueary to make for a better case against Sandusky.

Curley’s co-counsel Brian Perry asked Sassano to explain why Sandusky was acquitted of deviate sexual intercourse in the McQueary victim case in an intense line of questioning that had to be interrupted by Wenner.

“From Day one, Mike McQueary never said he saw penetration,” Sassano said. “He said he saw Jerry Sandusky behind a boy in a position he believed was penetration. They only way we would know is if the victim came forward or McQueary saw it.”

Perry wasn’t the only attorney to go after McQueary’s testimony. Spanier’s attorney Elizabeth Ainslie put it bluntly in her closing remarks.

“I believe Mike McQueary is making it up as he goes along,” Ainslie said, arguing that McQueary’s uncorroborated and inconsistent testimony is the only evidence against her client. “But in the end, he says nothing about Dr. Spanier. The evidence against Dr. Spanier is all innuendos and farfetched inferences.”

(Excerpt) Read more at onwardstate.com ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; US: Pennsylvania
KEYWORDS: pennstate; pennsylvania
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Curley’s attorney Caroline Roberto had similar sentiments.

“We heard really nothing out of the ordinary from McQueary when he took the witness stand. Except we did hear some embellishment like we always do,” Roberto said during closing statements. “I really don’t know what foundation the prosecution is proceeding on.”

Ultimately, conviction probably rests on whether the prosecution can prove the three former administrators intentionally and knowingly failed to report child sexual abuse, rather than just honest negligence.

As Gary Schultz’s lawyer Tom Farrell put it, “There’s a difference between failing to make a report and interfering to make a report.”

1 posted on 07/30/2013 3:33:49 PM PDT by Uncle Chip
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To: Uncle Chip

Still won’t go to trial. Not with the mess cynthia baldwin made of this.

I’d love to see MM on the stand though. That could go on for weeks.


2 posted on 07/30/2013 3:39:26 PM PDT by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: FlJoePa
This is the best thing that could happen to Happy Valley.

It will be an opportunity to lay all those cards out on the table -- including the Tom Harmon card, and the Louie Freeh card, and the DPW card, and the TSM card, and to finally tie McQueary down to one [or two] stories.

And this will be great with three defendants each with their own legal team. It will be a real circus.

3 posted on 07/30/2013 4:05:09 PM PDT by Uncle Chip
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To: Uncle Chip

Still beating that “Grand Jury is bogus” drum, eh? Louis Freeh was making it all up?

Yes, this trial is a good thing, because it will force all you deniers to finally face the truth.

For those in positions of power, not doing your job is a crime.


4 posted on 07/30/2013 4:11:14 PM PDT by canuck_conservative
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To: Uncle Chip

These slimy win at any cost administrators frankly should be taken out behiund the barn and horsewhipped. They failed the very people they should have protected. I have NO sympathy for them


5 posted on 07/30/2013 4:14:30 PM PDT by Nifster
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To: canuck_conservative

You’re already 0 for 3 —


6 posted on 07/30/2013 4:19:24 PM PDT by Uncle Chip
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To: canuck_conservative

Actually no one took a bigger beating in that courtroom the past few days than louis freeh. That is if one paid any attention to what was actually said.


7 posted on 07/30/2013 4:24:39 PM PDT by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: Uncle Chip

There is no difference in my eyes. They should all be staked to anthills and covered in honey.


8 posted on 07/30/2013 4:25:15 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: Uncle Chip

I agree it will shed light, but it’s a still a selfish standpoint. I wouldn’t want to be one of those 3 guys facing jail in a politically charged environment with an out of control OAG’s office.


9 posted on 07/30/2013 4:26:19 PM PDT by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: canuck_conservative

“For those in positions of power, not doing your job is a crime.”

Absolutely! These “men” are all enablers by reason of their silence and covering up of Sandusky. And as far as “Joe Pa” is concerned, I hope he’s burning in Hell! These “sports figures” are mostly all a sham. Football has no place in post secondary education, particularly at public universities and colleges. Just a bunch of knuckle draggers taking up space where they have noting to contribute. It ends up being Rah, Rah for the alumni.


10 posted on 07/30/2013 4:27:05 PM PDT by vette6387
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To: Nifster
They failed the very people they should have protected.

Are you referring to Dr Raykovitz and the board member at Sandusky's Second Mile charity who were notified of the 2001 incident??? Because once they were notified they were by law required to follow up with the DPW and to date no one knows for sure whether they did or not.

Penn State has the wrong people on trial and they know it.

11 posted on 07/30/2013 4:36:17 PM PDT by Uncle Chip
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To: vette6387

I see you’ve been closely following this, huh?


12 posted on 07/30/2013 4:37:58 PM PDT by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: vette6387
“For those in positions of power, not doing your job is a crime.”

That sounds so righteous, doesn't it, but you won't find that anywhere in the law.

13 posted on 07/30/2013 4:39:16 PM PDT by Uncle Chip
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To: Lurker
"There is no difference in my eyes. They should all be staked to anthills and covered in honey."

Before or after their trial? Or maybe during?

14 posted on 07/30/2013 4:39:49 PM PDT by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: Uncle Chip; FlJoePa; Daveinyork; Red Steel; David; okie01; BluesDuke; doug from upland; AJFavish; ..
Can someone out there state (pardon the pun) precisely on what criminal charges these three PSU former officials were indicted? The author of the posted piece, and a couple of other stories I've seen on the Net today on the same subject, is very much remiss in not explaining this to his readers.

Is failing to report a crime by others to law enforcement a crime in and of itself in PA? If so, what is the legal term for it?

15 posted on 07/30/2013 4:49:21 PM PDT by justiceseeker93
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To: justiceseeker93
Here's a decent, short video by an ex-PA AG about what hurdles the state is facing. Remember the burden of proof the past 2 days was literally next to zero.

pennlive.com video here

16 posted on 07/30/2013 4:55:04 PM PDT by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: FlJoePa

If you have a short bio on Cynthia Baldwin and what she did in this case that should have her disbarred and sued, please post.


17 posted on 07/30/2013 5:15:01 PM PDT by Uncle Chip
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To: FlJoePa; All
Thanks for the video. Seems as if that lawyer commenting is supposed to be a neutral party. If he is correct, the failure to report charge and the conspiracy charge have to be thrown out because they are based on an ex post facto statute. That's basic constitutional law, I would think.
18 posted on 07/30/2013 5:17:29 PM PDT by justiceseeker93
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To: Uncle Chip
January 16th Blehar - Who Knew? Part 2: The Hiring of Cynthia Baldwin

January 18th Blehar - Did Cynthia Baldwin Commit Perjury In Her 2012 Affidavit?

April 25th Blehar - Baldwin Perjury: Never told PSU Officials About Subpoena 1179

Ray is very sharp and doesn't put stuff out there he doesn't fully research. If he says the Feds are coming (which he does), the Feds are coming. Read his stuff - the amount of time he must spend on this is remarkable. Follow him on twitter @rayblehar

19 posted on 07/30/2013 5:32:22 PM PDT by FlJoePa ("Success without honor is an unseasoned dish; it will satisfy your hunger, but it won't taste good")
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To: Uncle Chip
That sounds so righteous, doesn't it, but you won't find that anywhere in the law.

Not in those words, but the concept is there. How about child endangerment, for starters?

Namely -

These three were in the upper positions of power in an educational setting, and had tremendous control and influence over young, impressionable kids. With that comes the tremendous responsibility to care for those in your charge - and those three, um, guys failed to do that.

Got that? They knew things improper were going on, had been going on for years, and they did nothing/next to nothing about it. Children were violated as a result - these turkeys are responsible for their negligence, if they had done or said something, Sandusky could have been stopped.


20 posted on 07/30/2013 5:41:48 PM PDT by canuck_conservative
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