Penn St. President: “Humane” To Hide Child Rape

NBC News reports today that law enforcement authorities have uncovered emails that show Penn State President Graham Spanier, PSU Vice President Gary Schultz and PSU Athletic Director Tim Curleydiscussed whether they needed to tell authorities about a 2001 allegation involving a late night encounter between a naked Sandusky and a young boy in the Penn State shower room.”

(Current Penn State President: “This is not a Penn State scandal“)

NBC News reporter Michael Isikoff also noted of Penn State’s handling of the, “2001 allegation involving a late night encounter between a naked Sandusky and a young boy in the Penn State shower room“:

Penn State even did legal research on the issue. But in one e-mail exchange two sources say Spanier and former vice president Gary Schultz agreed it would be, quote, “humane” to Sandusky not to inform social services and the incident never got reported.

Video and text of the transcript of the NBC report, which concluded by noting that, “the investigation as to whether there’s a cover-up by Penn State officials is very active and going strong,” is below:

NBC News reporter Michael Isikoff: Jerry sandusky goes on trial today charged with repeatedly molesting young boys. Law enforcement officials tell NBC News Pennsylvania prosecutors are weighing bringing more charges in this case against former top Penn State officials for allegedly concealing what they knew about his conduct.

As sandusky goes to court, law enforcement sources tell NBC News investigators have obtained new evidence in this case. Internal e-mails and documents they say show former Penn State President Graham Spanier and others discussed whether they needed to tell authorities about a 2001 allegation involving a late night encounter between a naked Sandusky and a young boy in the Penn State shower room.

The sources say documents show Penn State even did legal research on the issue. But in one e-mail exchange two sources say Spanier and former vice president Gary Schultz agreed it would be, quote, “humane” to sandusky not to inform social services and the incident never got reported.

Sandusky, who denies all charges, is facing 52 counts of child sex abuse. Eight of his alleged victims are slated to testify. Among them, a young man known as Victim Six who first told Penn State in 1998 when he was 11 years old that Sandusky had bear-hugged him in the Penn State football locker room shower.

Dr. Alycia Chambers, the boy’s psychologist, submitted this report to Penn State police at the time, concluding Sandusky’s behavior fit that of a likely pedophile’s pattern.

DR. CHAMBERS: “I immediately thought this may well be a child molester.

NBC News reporter Isikoff: But a second psychologist reached a different conclusion and no charges were filed. (In 1998.)

Then-Penn State football graduate assistant Mike McQueary had originally testified to a grand jury he saw Sandusky in the shower with a young boy in March, 2002.

A new e-mail says Spanier, Schultz and former Penn State Athletic Director Tim Curley discussed what McQueary saw and whether to report it more than a year earlier.

Lawyers for Spanier, who was fired last September, did not return calls seeking comment.

Lawyers for Schultz and Curley said, “the information confirms conscientiously considered Mike McQueary ’s reports of observing inappropriate conduct, reported it to the university president Graham Spanier and deliberated about how to responsibly deal with the conduct.”

Legal sources say discovery of the e-mails show whatever happens in the Sandusky trial, the investigation as to whether there’s a cover-up by Penn State officials is very active and going strong.

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Transcript: Joe Paterno’s Grand Jury Testimony

The date is January 12th, 2011, 11:06 a.m. The questions were asked by Ms. Jonelle Eshbach, Witness, Joseph V. Paterno.

Q: Would you please introduce yourself to the Grand Jury?

Mr. Paterno: My name is Joseph V. Paterno.

Q: I’m sure everyone in the room knows, but just in case there’s anyone that doesn’t, how are you employed?

Mr. Paterno:
I’m a football coach at the Pennsylvania State University.

Q: As that football coach at the Pennsylvania State University, did you have as employed under you an individual by the name of Jerry Sandusky?

Mr. Paterno:
I did for a while, yes.

Q: Do you currently have employed for you since sometime in the early 2000s an assistant coach named Michael McQueary?

Mr. Paterno: Yes.

Q: I’d like to direct your attention to what I believe would be a spring break of 2002, around that time. Do you recall Michael McQueary calling you and asking to have a discussion with you about something that he observed?

Mr. Paterno: I’m not sure of the date, but he did call me on a Saturday morning. He said he had something that he wanted to discuss. I said, come on over to the house.

He came over to the house.

And as I said, I’m not sure what year it was, but I know it was a Saturday morning and we discussed something he had seen.

Q: Without getting into any graphic detail, what did Mr. McQueary tell you he had seen and where?

Mr. Paterno: Well, he had seen a person, an older — not an older, but a mature person who was fondling, whatever you might call it — I’m not sure what the term would be — a young boy.

Q: Did he identify who that older person was?

Mr. Paterno: Yes, a man by the name of Jerry Sandusky who had been one of our coaches, was not at the time.

Q: You’re saying that at the time this incident was reported to you, Sandusky was no longer a coach?
Mr. Paterno: No, he had retired voluntarily. I’m not sure exactly the year, but I think it was either ‘98 or ‘99.

Q: I think you used the term fondling. Is that the term that you used?

Mr. Paterno: Well, I don’t know what you would call it. Obviously, he was doing something with the youngster.

It was a sexual nature. I’m not sure exactly what it was.

I didn’t push Mike to describe exactly what it was because he was very upset. Obviously, I was in a little bit of a dilemma since Mr. Sandusky was not working for me anymore.

So I told — I didn’t go any further than that except I knew Mike was upset and I knew some kind of inappropriate action was being taken by Jerry Sandusky with a youngster.

Q: Did Mike McQueary tell you where he had seen this inappropriate conduct take place?

Mr. Paterno: In the shower.

Q: Where was the shower?

Mr. Paterno: In the Lasch Building.

Q: Is that on the campus of Penn State University?

Mr. Paterno: It’s right on the campus.

Q: Did you tell Mike McQueary at that time what you were going to do with that information that he had provided to you?

Mr. Paterno: I don’t know whether I was specific or not. I did tell Mike, Mike, you did what was right; you told me.

Even though Jerry does not work for the football staff any longer, I would refer his concerns to the right people.

Q: You recall this taking place on a Saturday morning, the conversation with Mike?

Mr. Paterno:  Yes.

Q: When did you — did you do something with that information?

Mr. Paterno: Well, I can’t be precise.

I ordinarily would have called people right away, but it was a Saturday morning and I didn’t want to interfere with their weekends.

So I don’t know whether I did it Saturday or did it early the next week.

I’m not sure when, but I did it within the week.

Q: To whom or with whom did you share the information that McQueary had given you?

Mr. Paterno: I talked to my immediate boss, our athletic director.

Q: What is that person’s name?

Mr. Paterno: Tim Curley.

Q: How did you contact Mr. Curley?

Mr. Paterno: I believe I did it by phone. As I recall, I called him and I said, hey, we got a problem, and I explained the problem to him.

Q: Was the information that you passed along substantially the same information that Mr. McQueary had given you?

Mr. Paterno: Yes.

Q: Other than the incident that Mike McQueary reported to you, do you know in any way, through rumor, direct knowledge or any other fashion, of any other inappropriate sexual conduct by Jerry Sandusky with young boys?

Mr. Paterno: I do not know of anything else that Jerry would be involved in of that nature, no. I do not know of it.

You did mention — I think you said something about a rumor. It may have been discussed in my presence, something else about somebody.

I don’t know.

I don’t remember, and I could not honestly say I heard a rumor.

Q: You indicated that your report was made directly to Tim Curley. Do you know of that report being made to anyone else that was a university official?

Mr. Paterno: No, because I figured that Tim would handle it appropriately.

I have a tremendous amount of confidence in Mr. Curley and I thought he would look into it and handle it appropriately.

Q: We have no further questions of you.

Testimony concluded at 11:13 a.m. Date, January 12, 2011, 11:20 a.m.

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Incestuous Penn State Still Endangering Children

Four days after tales of alleged child rape perpetrated by Jerry Sandusky surfaced in a Grand Jury presentment formalizing dozens of criminal charges against the former Penn State football coach, Sara Ganim and Jan Murphy of the HARRISBURG PATRIOT-NEWS reported of a power struggle within the Penn State Board of Trustees.

Penn State Chairman of Board of Trustees Steve Garban: Son Drew was on Second Mile Board of Directors and significant donor to Jerry Sandusky's charity

(PSU BOT Chair: Son on Second Mile Board, & Specially-Recognized Donor)

Excerpt fom the Nov. 9, 2011, Patriot-News story:

Inside Old Main, the iconic Penn State administration building, a faction of the board of trustees is standing up to take control of the sex-abuse controversy engulfing the university.

That group does not include board Chairman Steve Garban, the former Penn State treasurer and vice president for finance and operations. Sources suggest a new chairman could be named soon.

Trustees lack confidence in Garban’s ability to lead the university out of this mess given his close relationships with (Tim) Curley, (Gary) Schultz and university President Graham Spanier, sources said.

Yesterday, sources indicated Spanier’s job and that of head football coach Joe Paterno were in trouble over their handling of the sex-abuse allegations. The board is creating a committee to investigate the scandal.

The trustees dislike how a few board members appeared to have been notified that charges against Curley and Schultz were imminent while the vast majority of trustees were left in the dark until Saturday.

On Saturday afternoon, shortly after Attorney General Kelly released the indictment, some board members were told they should wait until Thursday to discuss the charges. That didn’t sit well with everyone. A core group demanded, and got, an emergency meeting within 24 hours, sources say.

Twenty trustees made their way to State College for the Sunday night meeting, while others called in by phone. It was at that session that the board began to question Garban’s leadership, and a faction began to coalesce around the need to take assertive actions.

Some trustees believe the university’s handling of the matter has been bungled. Sources said the statement issued Saturday by Spanier vowing his unconditional support to Curley and Schultz caught some by surprise — and disgusted them.

Hours after the Patriot-News report about the PSU Board of Trustees’ dissatisfaction with Garban’s leadership, Paterno was fired. Before the Nov. 9, 2011, press conference announcement of Paterno’s ouster, Garban told the gathered media, “The Board has asked John to head up all Board activities on the current matters.

“John” was John Surma, Chairman & CEO of U.S. Steel and Vice Chairman of the Penn State Board of Trustees. It was Surma who then announced Paterno’s firing and took questions from a frenzied group of media and students.

But just two days after Garban ceded to Surma on “all Board activities on the current matters,” Garban himself announced on Nov. 11, 2011 - via official Penn State press release -  the creation of a “special investigation committee that would “undertake a full and complete investigation of the circumstances that gave rise to the grand jury report. The committee will be commissioned to determine what failures occurred, who is responsible and what measures are necessary to ensure that this never happens again.”

From the official PSU release:

“There will be full accountability for those found responsible,” said Steve Garban, chair of the board. “All resources will be made available for the committee to fulfill its charge and there will be no restrictions placed on its scope or activities.”

Garban said when the investigation is complete, a full report will be given to the board at one of its regular meetings.

“Trustee Frazier has agreed to chair this important committee in this endeavor,” Garban said. “He’s experienced, seasoned and will provide the leadership necessary to prevail.”

48 hours earlier, the Patriot-News had reported that its sources were suggesting, “a new chairman could be named soon.

Today, nothing has changed.

Perhaps the fact that Garban was instrumental in quickly promoting longtime Penn State administrator Rod Erickson from “acting president” to “president” - in less than 48 hours - has something to do with Garban’s unchanged status atop the Penn State Board of Trustees.

From the CENTRE (PA) DAILY TIMES on Nov. 18, 2011:

On Thursday, university spokesman Bill Mahon confirmed that Rod Erickson is the university’s new president, and there are no plans to conduct any search to fill the job.

While Erickson was named the acting president initially, Mahon said trustees soon agreed to change that to president — prior Nov. 11 trustees meeting, at which board Chairman Steve Garban introduced him as president and pledged the trustees’ support for him.

Or the fact that the media and public is apparently unaware of the intimate involvement of Garban’s son with “The Second Mile”, a charity Sandusky now appears to have set up to help him target children for sexual abuse.

For years the son of Steve Garban, Drew Garban, was an acting member of The Second Mile’s Board of Directors - right up until Sandusky’s arrest. (Garban’s name was, like many others, scrubbed from the charity’s website after details of Sandusky’s alleged sexual crimes against children were revealed.)

Drew Garban was also a longtime member of The Second Mile’s prestigious “Arthur C. and Evelyn M. Sandusky Society.” As noted in the charity’s most recent annual report located on its current website:

The Arthur C. and Evelyn M. Sandusky Society recognizes those individuals who have made an estate provision for, or a planned or deferred gift commitment to, The Second Mile. These gift commitments could include a bequest in a will or living trust, the designation of The Second Mile as the beneficiary of a retirement plan, a charitable remainder trust, the gift of a life insurance policy naming The Second Mile as beneficiary, and/or the execution of an estate note. We wish to thank the members of this society for providing a foundation for the future of our organization.

In addition to raising funds from those who wished to bequeath assets from their estate to The Second Mile, the Arthur C. and Evelyn M. Sandusky Society was set up to recognize Jerry Sandusky’s parents - who also created a charitable organization that included a boarding house for wayward youth. A house where Sandusky spent part of his youth.

Penn State Chairman of Board of Trustees Steve Garban: Son Drew was on Second Mile Board of Directors and significant donor to Jerry Sandusky's charity

In the same Centre Daily Times Nov. 18, 2011, piece that noted PSU Board Chair Steve Garban fronting the permanent hire of Rod Erickson as Penn State President, it was reported that Penn State University Trustee David Joyner had taken over as Penn State’s “acting athletic director” in place of Curley, who is now facing charges he lied to a Grand Jury when questioned about his role in reporting alleged crimes related to the sexual abuse of children by Sandusky in the Penn State locker room in 2002.

In the past two weeks, Penn State Athletic Department sources have told SbB that Joyner wants to hire interim Penn State football coach Tom Bradley as the school’s permanent football coach going forward. Bradley will reportedly interview for the position as soon as next week. (Bradley was reportedly a longtime, close friend of Sandusky and lived with Mike McQueary from 2006-07.)

Steve Garban was the leader who, as Chairman of the Penn State Board of Trustees, ultimately oversaw an environment which undeniably placed the personal desires of individual adults - and their business interests - above the welfare of children.

And despite Garban’s close relationship with all those involved with the alleged Sandusky child rape coverup, and his son’s intimate involvement in the operation of Sandusky’s charity as an acting Second Mile Board member and extraordinary financial contributor, the child-endangering environment at Penn State clearly remains alive and well.

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Small 2011 PSU Event: Sandusky, Curley, Spanier

On November 5, 2011, Penn State Athletic Director Tim Curley was charged by the Attorney General of the State of Pennsylvania with felony perjury, a crime punishable by up to seven years in prison, along with failure to report the alleged sexual abuse of a child. (Child Protective Services Law.)

Jerry Sandusky attended Penn State Wrestling Reception with Tim Curley and Graham Spanier on March 23, 2011, at Beaver Stadium

(March 23, 2011)

Curley’s charges stem from a Centre County (PA) Grand Jury investigation and presentment that led to former Penn State football coach Jerry Sandusky being charged with 40 crimes relating to the sexual abuse of children. One such allegation against Sandusky involves the rape of a 10-year-old boy in the Penn State locker room in 2002, which was witnessed by current Penn State assistant football coach Mike McQueary. McQueary later reported Sandusky’s alleged heinous act to Joe Paterno, Curley and Penn State Vice President Gary Schultz. (Schultz has been charged with the same crimes as Curley.)

As noted by a press release from the office of Pennsylvania Attorney General Linda Kelly on Nov. 5:

Kelly said that rather than reporting the matter to law enforcement, Curley and Schultz agreed that Sandusky would be told he could not bring any Second Mile children into the football building.  That message was also reportedly related to Dr. John Raykovitz at the Second Mile (Past Executive Director and Executive Vice-President and currently the President and CEO of the Second Mile).

Of Penn State President Graham Spanier’s knowledge of the situation, the Grand Jury reported:

Curley was not specific about the language he used in reporting the 2002 incident to Spanier. Spanier testified to his approval of the approach taken by Curley. Curley did not report the incident to the University Police, the police agency for the University Park campus or any other police agency.

Spanier testified that he was only told by Curley that there was “horsing around” in the shower between Sandusky and a young boy. Spanier added to the Grand Jury that he was told such conduct by Sandusky made a member of Curley’s staff “uncomfortable.”

Jerry Sandusky attended Penn State Wrestling Reception with Tim Curley and Graham Spanier on March 23, 2011, at Beaver Stadium

Spanier also admitted to the Grand Jury that he never asked to speak with McQueary.

Sara Ganim
of the HARRISBURG PATRIOT-NEWS reported on Nov. 11, 2011:

In early 2010, before The Patriot-News broke the story of the Sandusky investigation, the newspaper confronted Spanier and asked him if he was aware of a grand jury investigation into Sandusky. His answer was no.

By his own testimony before the grand jury, Spanier knew as early as 2002 that Sandusky and a young boy had been witnessed “horsing around” by a staff member in the locker room of the football building.

It’s not clear if Spanier also knew about a six-week investigation by his university’s police force that centered around similar touching in a shower in 1998 that never led to charges.

The 1998 Penn State University Police investigation of Sandusky showering with at least one young boy in the Penn State locker room, which the coach admitted in the presence of two police detectives, resulted in a 100-page police report filed by the Penn State University Police Department. A police report stemming from a “lengthy” investigation of Sandusky that Spanier and Paterno currently claim they are completely unaware of.

The Grand Jury Presentment noted of Penn State’s - via Curley and Schultz - so-called ban of Sandusky:

Both the graduate assistant and Curley testified that Sandusky himself was not banned from any Penn State buildings and Curley admitted that the ban on bringing children to the campus was unenforceable.

Attorney General Kelly also noted of the action Curley and Schultz claimed they took against Sandusky:

“Despite this so-called ‘ban’, which was reviewed and approved by University President Graham Spanier without any further inquiry on his part, there was no effective change in Sandusky’s status with the school and no limits on his access to the campus. Sandusky’s ‘emeritus’ position, alleged negotiated as part of his 1999 retirement, provided him with an office in the Lasch Football Building; unlimited access to all football facilities, including the locker room; access to all recreational facilities; a parking pass; a university Internet account; listing in the faculty directory and numerous other privileges - he had remained a regular presence on campus.”

Indeed, eight days before Ganim first broke the news of the Sandusky Grand Jury investigation in the Harrisburg Patriot-News, and a year after Patriot-News reporter Ganim first asked Spanier about his knowledge of the investigation, Spanier, Curley and Sandusky all attended a small reception at Beaver Stadium on March 23, 2011, honoring the Penn State wrestling team.

Jerry Sandusky attended Penn State Wrestling Reception with Tim Curley and Graham Spanier on March 23, 2011, at Beaver Stadium

The modest gathering stemmed from a seemingly impromptu invitation sent out by Curley on March 22, 2011, which read, in part:

Dear Wrestling Booster Club Members and your Guests,

Please join us for a celebration to honor the 2011 NCAA Wrestling National Championship Team led by Big Ten Coach of the Year, Cael Sanderson!!

We will gather in the Mount Nittany Club in Beaver Stadium on Wednesday, March 23, 2011 between 5:00 - 6:30 pm, with a brief program beginning at 6:00 pm. The dress is casual and no reply is necessary.

We hope you and your guests will join us to honor this tremendous team!


Tim and Melinda Curley

Curley and Spanier can be seen in several photos at the informal event, while Sandusky is shown in a photo at the same reception with Pat Daugherty, noted owner of a State College establishment called The Tavern.

Jerry Sandusky attended Penn State Wrestling Reception with Tim Curley and Graham Spanier on March 23, 2011, at Beaver Stadium

Unenforceable” indeed.

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