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  #131  
Old 03-31-2015, 08:16 AM
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Default Re: Ex-Penn St. Coach Sandusky Charged With Homo Sex Abuse of Young Boys

http://www.nbcphiladelphia.com/news/...298110341.html

Judge Rules Joe Paterno's Family Can't Sue Penn State University, Again

The family of the late Penn State football coach Joe Paterno can't sue the NCAA and the university for breach of contract for their actions in response to the Jerry Sandusky sex abuse scandal, a Pennsylvania judge on Monday ruled for a second time.

Judge John Leete said an amended lawsuit filed by Paterno's family repeated the breach-of-contract claim that he had previously dismissed.

"Plaintiffs are not amending their complaint to include a new cause of action or even a new theory of an existing cause of action; rather they are attempting to resurrect a claim on which this court already dismissed," Leete wrote.

The estate had argued that the NCAA and university violated Paterno's rights through their investigations into how the Sandusky matter was handled, and statements in their 2012 consent decree that made harsh judgments about Paterno's actions.

Despite the ruling, other aspects of the lawsuit will continue to move forward. Paterno's estate is suing the NCAA defendants for commercial disparagement, saying the consent decree made false and defamatory statements that damaged commercial interests and value.

On Monday, Leete also turned down the Paternos' request to let them make public more of the material they are getting from the NCAA. And he rejected a request from the NCAA that would have required the Paterno estate's lawyers to conduct depositions of some people before they issue subpoenas.

Spokesman Dan McGinn said the Paterno family viewed the decision on subpoenas to be the most important aspect of the judge's six-page opinion and order.

"What's run through this whole deal is our commitment to finding the truth," McGinn said. "We need access to information. We need to bring daylight to this."

Paterno died of complications from lung cancer in January 2012, about two months after Sandusky, a former assistant coach, was first charged with child sexual abuse. Sandusky, who maintains his innocence, is serving a 30- to 60-year sentence in state prison. The next step in his criminal case is expected to be the filing of an appeal in county court under the state's Post Conviction Relief Act.

The NCAA issued a statement that said Leete's decision means the organization did not breach any obligation it owned Paterno, under its rules, when it and Penn State entered into the consent decree. The NCAA's top lawyer said it would "continue to defend vigorously" what remained of the lawsuit.

The lawsuit before Leete once included former players, faculty members and several university trustees but has been pared down.

The remaining plaintiffs include former assistants Bill Kenney and Jay Paterno, the former head coach's son, who claim the NCAA's actions have kept them from finding comparable jobs in football since being released by the Nittany Lions football program. Former trustee Al Clemens is pursuing a breach of contract allegation against the NCAA and Penn State.

Clemens, Kenney and Jay Paterno allege they were defamed by the NCAA defendants in the consent decree and in a university-commissioned report by former FBI director Louis Freeh that criticized trustees for lack of oversight and "some coaches" for ignoring red flags about Sandusky's behavior.

Those three and the Paterno estate also allege they were victims of a civil conspiracy by the NCAA.

Leete did not rule on whether NCAA officials Mark Emmert and Ed Ray are properly named as defendants in the case. The judge said he will schedule that matter separately "as necessary."

A Penn State spokeswoman declined comment.
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  #132  
Old 06-04-2015, 07:20 AM
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Default Re: Ex-Penn St. Coach Sandusky Charged With Homo Sex Abuse of Young Boys

http://www.nbcphiladelphia.com/news/...306100071.html

New Sandusky Accuser, Who Claims Abuse During Penn State Football Camp, Wants to File Charges

A man who claims former Penn State assistant football coach Jerry Sandusky abused him as a teen filed a court document Wednesday that asks a judge to force state prosecutors to file charges in the matter.

The appeal of prosecutors' decision not to file a criminal complaint state prosecutors met with the man in April, after which they told him the 1988 allegations were too old to be viable under the statute of limitations. The accuser argues changes to the statute of limitations in 2002 and 2006 provide a legal basis for a current criminal prosecution.

The man, now 43 years old and living in Massachusetts, was 16 at the time he attended a Sandusky-run football camp on the Penn State campus. His private criminal complaint filed in Centre County alleges two incidences of abuse in which he claims Sandusky subjected him to fondling and oral sex.

Al Lindsay, who represents Sandusky in a pending county-level appeal, said the former coach denies the allegations.

The man's lawyer, Steven Passarello, said the man has not filed a civil complaint. Penn State has settled with at least 26 Sandusky accusers and victims for more than $59 million.

A spokeswoman for the state attorney general's office said it stands by the legal conclusion regarding the statute of limitations in the case. A May 20 letter attached to the appeal said authorities "reviewed all the facts of your allegations and found you to be compelling."
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  #133  
Old 07-08-2015, 06:46 AM
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Default Re: Ex-Penn St. Coach Sandusky Charged With Homo Sex Abuse of Young Boys

http://www.nbcphiladelphia.com/news/...312413211.html

Date Set for Man Seeking Private Complaint Against Convicted Child Molester Jerry Sandusky
Updated 2 hours ago

A man who claims former Penn State assistant football coach Jerry Sandusky abused him as a teen will have a court hearing in October in his efforts to force state prosecutors to file criminal charges.

The now-43-year-old man last month appealed the state attorney general's decision not to file a criminal complaint against Sandusky. The man met with state prosecutors in April, and was told the 1988 allegations were too old under the statute of limitations. But the man says changes to the statute of limitations in 2002 and 2006 should permit the charges now.

Sandusky's attorney says Sandusky denies molesting the man at a football camp on the Penn State campus. Sandusky's accuser was 16 then.

The Centre Daily Times reports an Oct. 22 hearing has been set.
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  #134  
Old 07-14-2015, 06:36 AM
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Default Re: Ex-Penn St. Coach Sandusky Charged With Homo Sex Abuse of Young Boys

http://www.nbcphiladelphia.com/news/...314774751.html

Three Former Penn State Administrators Allegedly Involved in Sandusky Case Head to Appeals Court Hearing
Updated at 10:05 PM EDT on Monday, Jul 13, 2015

A long delayed criminal case against three former Penn State administrators accused of covering up complaints about Jerry Sandusky is heading to a Pennsylvania courtroom next month, but not for trial.

Superior Court a state appeals court last week scheduled oral argument before a three-judge panel in Harrisburg for Aug. 11 to consider the claims by Graham Spanier, Tim Curley and Gary Schultz regarding a county judge's decision earlier this year.

If upheld, the judge's order could clear the way for trial in the matter that has gone on for nearly four years without a trial date being set.

The appeals court file has been sealed, but the online docket indicates the men are appealing a January order by Dauphin County Judge Todd Hoover that rejected arguments they had made about the fairness and legality of the grand jury investigation that resulted in charges.

All three defendants held high-ranking positions at the university in 2011, when Sandusky, the former assistant football coach, was charged with sexual abuse of children; Spanier was president, Schultz was vice president for business and finance and Curley was athletic director.

Schultz and Curley were first charged along with Sandusky in November 2011, and the attorney general's office charged Spanier in 2012. Messages left for their defense attorneys were not immediately returned on Monday.

Hoover ruled in January that the three defendants' rights were not violated by the actions of Penn State's then-general counsel, Cynthia Baldwin, during grand jury proceedings. Hoover determined that Baldwin had represented them as university employees, and that they were not denied the right to legal counsel.

The judge also rejected defense claims concerning conflict of interest, violations of attorney-client privilege and allegations of prosecutorial misconduct.

The role of Baldwin, who also is a former state Supreme Court justice, has been the focus of considerable court action in the case, much of it sealed or done in closed proceedings.

All three defendants face charges of perjury, obstruction, conspiracy, child endangerment and failure to properly report suspected abuse. They have vigorously denied the allegations.

Sandusky, 71, is currently serving a 30- to 60-year sentence at a high-security state prison in southwestern Pennsylvania. He is pursuing a county-level appeal under the state's Post-Conviction Relief Act, and prosecutors have until Sept. 1 to file their answer.
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  #135  
Old 10-01-2015, 04:50 PM
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Default Re: Ex-Penn St. Coach Sandusky Charged With Homo Sex Abuse of Young Boys

http://www.nbcphiladelphia.com/news/...330180721.html

Sandusky Wants Subpoena Power to Look Into 2011 Case Leaks
By Mark Scolforo
Published at 9:15 PM EDT on Sep 30, 2015

Former Penn State assistant football coach Jerry Sandusky wants a judge to let him explore contacts between prosecutors and a judge who oversaw the grand jury that recommended he be charged with child molestation.

Sandusky, who was convicted of molesting boys but maintains his innocence , on Tuesday filed a court document saying he also wants to look into how information about the grand jury investigation was published eight months before he was arrested in 2011.

The new filing argued that leaks in the investigation were "part of the systemic breakdown of the grand jury process...over time by the attorney general's office and supervising judges."

Sandusky attorney Al Lindsay asked to be given emails and other records of communications between state prosecutors and judges and the ability to get sworn statements from anyone with access to the grand jury proceedings. Lindsay said Sandusky, now in state prison, is expected to attend an appeal hearing on those and other post-trial issues on Oct. 29 in Bellefonte.

Prosecutors were reviewing the filing and planned to respond, attorney general's office spokesman Chuck Ardo said.

Ardo provided conflicting statements about the source of leaks in the Sandusky investigation Wednesday. He first said there was no evidence leaks came from anyone associated with the prosecutors' office but hours later said Attorney General Kathleen Kane "has strong suspicions that the leaks came from people associated with this office."

"The attorney general herself is not convinced that the leaks did not emanate from the office of attorney general and will comply with any subpoena seeking information about email traffic between this office and the judge," Ardo said.

The Patriot-News first reported in a March 2011 story by Sara Ganim that a grand jury was looking into allegations against Sandusky, a story that helped the newspaper win a Pulitzer Prize. Ganim, now a CNN correspondent, is among those Sandusky wants to subpoena.

Lindsay told Judge John Cleland he wants more information about the February 2013 appointment by Judge Barry Feudale, who oversaw the grand jury, of a special prosecutor to look into grand jury secrecy violations. Lindsay said his office called the special prosecutor, lawyer James Reeder, who told him "he would not even speak with anyone regarding his investigation without a court order."

The order from Feudale that appointed Reeder set his pay at $72 an hour and gave him six months to produce a report. It's unclear what work, if any, was performed by Reeder, who formerly worked at the attorney general's office. Reeder, now a prosecutor with the Lancaster County district attorney's office, did not return a phone message Wednesday.

Recent news accounts of inappropriate emails between prosecutors and judges in Pennsylvania have raised the possibility they also engaged in improper discussions about Sandusky's case, Lindsay wrote.

"This would of course result in a 'tainting' of the grand jury investigation and would have likely had significance in the grand jury presentment accusing the defendant of various criminal acts and subsequent prosecution," Lindsay wrote.

Ardo said it's not unusual for prosecutors and a grand jury supervisory judge to be in contact with each other.

"We are not aware of any inappropriate communications between this office and Judge Feudale," Ardo said.

Participation in pornographic, explicit and otherwise objectionable emails that circulated at the attorney general's office led a state Supreme Court justice, Seamus McCaffery, to apologize and retire last year after his colleagues suspended him.

Kane fired or disciplined dozens of employees over the emails, and several former employees of the office lost their jobs after their participation in the exchanges became public.

Kane, who was elected a year after Sandusky was charged, is currently awaiting trial on charges she leaked material from an unrelated grand jury investigation to a reporter last year and then lied to cover it up, charges she has vigorously disputed.

Sandusky, who served for decades as defensive coach of Penn State's powerhouse football program, was convicted in 2012 of 45 counts of child sexual abuse. He was sentenced to 30 to 60 years in state prison. He has acknowledged showering with boys but denied molesting them.
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  #136  
Old 10-28-2015, 06:48 PM
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Default Re: Ex-Penn St. Coach Sandusky Charged With Homo Sex Abuse of Young Boys

http://www.nbcphiladelphia.com/news/...338015212.html

Time Hasn't Run Out for More Charges Against Sandusky: Judge
By Mark Scolforo
Published 5 hours ago

A Pennsylvania judge is ordering prosecutors to take another look at a man's allegations that former Penn State assistant football coach Jerry Sandusky sexually molested him as a child.

Centre County Judge Thomas Kistler said Wednesday that the statute of limitations hasn't expired on filing criminal charges in the case. He told the attorney general's office to evaluate whether the allegations meet a minimum standard for filing them.

The now-43-year-old Massachusetts man initiated a private complaint against Sandusky a year ago, saying he was abused at 16 during a 1988 football camp on campus.

A spokesman for the attorney general's office says the decision is being reviewed.

Sandusky's lawyer says he denies the allegations. Sandusky was convicted in 2012 of sexually abusing 10 other boys and is serving a lengthy prison sentence.
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  #137  
Old 11-13-2015, 07:27 AM
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Default Re: Ex-Penn St. Coach Sandusky Charged With Homo Sex Abuse of Young Boys

http://www.nbcphiladelphia.com/news/...347275042.html

Judge Demands Files on Sandusky's Victims' Deals With Lawyers
By Mark Scolforo
Published at 10:25 PM EST on Nov 12, 2015

State prosecutors must turn over any documents they may have about deals between Jerry Sandusky's victims and their civil lawyers, a judge ruled Thursday, handing a partial victory to the former Penn State assistant football coach as he pursues an appeal of his child sex abuse convictions.

Judge John Cleland gave the attorney general's office a week to give him, under seal, any book contracts, contingency fee agreements or similar materials involving any of the eight victims who testified against Sandusky.

The records also include speaking fees or "any other financial incentive to falsify ... testimony," Cleland wrote.

Sandusky attorney Al Lindsay said he will wait to see what, if anything, turns up.

"We're gratified to get anything we can get," he said.

A spokesman for the attorney general's office said it will review the order and respond accordingly.

Sandusky lost, however, other requests for information and for the power to subpoena people as he pursues an appeal of his 45-count conviction for child sexual abuse.

Cleland said the case did not meet the standard of exceptional circumstances that is required at this point in Sandusky's case to obtain the type of information he wants.

The judge wrote that Lindsay "appears to equate 'exceptional' with 'high profile.' However, it is not the case that must be 'exceptional.' The term exceptional in this context does not refer to the nature of the case - its notoriety, publicity or public interest."

Instead, he said, the term refers to exceptional circumstances that require the court to intervene in the interests of justice. It's not a substitute for "customary investigatory techniques,'' the judge wrote.

Sandusky wanted subpoena power to interview a young man he believes is Victim 2, the person seen by assistant coach Mike McQueary in a team shower with Sandusky in 2001. Cleland said Lindsay hasn't claimed the young man won't talk to him or that others won't testify if called to a hearing.

Victim 2 did not testify at trial, though a young man who says he is Victim 2 obtained a settlement from Penn State over his claims of abuse by Sandusky.

Cleland ruled last week that another aspect of Sandusky's request - information about grand jury proceedings that led to charges being filed - should be directed to the judge who currently supervises the panel.

Sandusky is serving a 30- to 60-year prison sentence and has already lost a direct appeal to the state Supreme Court. The appeal he is pursuing before Cleland, under the state's Post-Conviction Relief Act, is comparatively narrow in scope, confined to such topics as constitutional violations, newly discovered evidence and prosecutorial misconduct.
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  #138  
Old 11-13-2015, 06:58 PM
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http://www.nbcphiladelphia.com/news/...347563901.html

Court Ruling Gives Sandusky Back His Penn State Pension
By Mark Scolforo
Published at 10:18 AM EST on Nov 13, 2015

The state must restore the $4,900-a-month pension of former Penn State assistant football coach Jerry Sandusky that was taken away three years ago when he was sentenced to decades in prison on child molestation convictions, a court ordered Friday.

A Commonwealth Court panel ruled unanimously that the State Employees' Retirement Board wrongly concluded Sandusky was a Penn State employee when he committed the crimes that were the basis for the pension forfeiture.

"The board conflated the requirements that Mr. Sandusky engage in 'work relating to' PSU and that he engage in that work 'for' PSU," wrote Judge Dan Pellegrini. "Mr. Sandusky's performance of services that benefited PSU does not render him a PSU employee."

Sandusky, 71, collected a $148,000 lump sum payment upon retirement in 1999 and began receiving monthly payments of $4,900.

The board stopped those payments in October 2012 on the day he was sentenced to 30 to 60 years in prison for sexually abusing 10 children. A jury found him guilty of 45 counts for offenses that ranged from grooming and fondling to violent sexual attacks. Some of the encounters happened inside university facilities.

The basis for the pension board's decision was a provision in the state Pension Forfeiture Act that applies to "crimes related to public office or public employment," and he was convicted of indecent assault and involuntary deviate sexual intercourse.

The judges said the board's characterization of Sandusky as a Penn State employee at the time those offenses occurred was erroneous because he did not maintain an employer-employee relationship with the university after 1999.

The judges ordered the board to pay back interest and reinstated the pension retroactively, granting him about three years of makeup payments.

Sandusky attorney Richard A. Beran said the board had taken from the Sanduskys what was rightfully theirs.

"Perhaps a majority lacked the courage to apply the law as stated," Beran said. He called the December 2014 decision "certainly one that probably pleased the public in light of the current state of the Pennsylvania pension system, but under the law it was very clear he was entitled to it and his wife is entitled to the pension if Jerry predeceases her."

Beran said he expected the retirement system to pursue an appeal to the state Supreme Court, but State Employees' Retirement System spokesman Jay Pagni said he could not speculate on what action might be taken.

"We just received the order today," Pagni said. "We are reviewing it and we will present that analysis to the board." He was unsure how much Sandusky would receive in back payments and interest.

Sandusky, housed at Greene State Prison, is pursuing an appeal of his conviction. Although Penn State employees are not state workers, university employees are allowed to participate in the state government pension system.
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