Mike McQueary

McQueary to file whistleblower suit against Penn State

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The legal ramifications for Penn State stemming from the Jerry Sandusky child-sex abuse scandal continues six months after the ex-defensive coordinator’s arrest, with another former assistant on Joe Paterno‘s coaching staff setting in motion a lawsuit against the university.

The Centre Daily Times reported Tuesday evening that Mike McQueary has begun the process of filing what’s described by the paper as a whistleblower lawsuit.  The Daily Times wrote that “[t]he attorney for McQueary filed a writ of summons for a civil case in county court today”, which serves as notice to the university that they are being sued.

Because of its designation as a whistleblower lawsuit, the paper notes, McQueary will be seeking damages outside normal arbitration limits.

The specifics of the suit, including the amount of monetary damages McQueary will be seeking, are unclear at this time.

Early last year, McQueary testified in front of a grand jury investigating allegations made against Sandusky by multiple alleged victims who were underage at the time of the sexual assaults, claiming that he witnessed some type of incident involving a naked Sandusky and a naked 10-year-old boy in a Lasch football building shower on the PSU campus in 2002 (more on that date in a bit).

After speaking to his father from a phone in the football building immediately following the alleged assault, McQueary and his dad took the information to Paterno the following day, with then-athletic director Tim Curley, former vice president Gary Schultz — whose job also included serving as head of the campus police department — and former president Graham Spanier also informed of the alleged assault.  How those PSU officials handled the allegations led directly to the firing of Paterno and Spanier, as well as charges against Curley and Schultz.

McQueary was placed on administrative leave shortly after the allegations came to light last November.  The former wide receivers coach remains on the payroll at Penn State, the Patriot-News confirmed.  It had previously been hinted that federal whistleblower laws prevented the university from cutting ties with McQueary.

In other news related to the Sandusky case, which is scheduled to go to trial June 5, and also involving McQueary, the Patriot-News reported this morning that a judge has changed the date of the alleged sexual assault in PSU’s football building that we mentioned above.

According to the paper, the “[c]riminal paperwork in the case against Sandusky no longer says that the alleged crime happened in March 2002. Instead, Judge John Cleland allowed prosecutors to say it happened Feb. 9, 2001.”

McQueary had previously stated he witnessed the incident prior to the start of spring break in 2002.

The attorneys for Curley and Schultz pounced on the change, saying in a statement that “[n]ow, it is clear that Mike McQueary was wrong in so adamantly insisting that the incident happened the Friday before Spring Break in 2002.”  McQueary’s credibility in recalling and recounting the events of that night has already been called into question in the past.

The statement ended with the attorneys claiming one charge against their clients will be dropped on a technicality.

“Whether or not Mr. McQueary’s insistence was the result of faulty memory, or questionable credibility, there is no dispute that the statute of limitations has expired on (the failure to report charge), and it will be dismissed.”

Both men have been charged with failure to report and perjury, the latter stemming from their appearance in front of the grand jury.

An attorney not involved in the litigation told the Associated Press that the change in date should have no impact on the Sandusky case.  Maybe.

“If all the other facts match up to be identical, I think it’s just an error without any harm for the prosecution,” Scranton defense lawyer Joseph D’Andrea told the AP. “However, if there are other inconsistencies, it gives the defense a reason to create some doubt about the credibility, sincerity, honesty and true recollection of what McQueary had to say.”

A gag order has been issued by the judge presiding over the Sandusky case, so neither prosecutors nor defense attorneys will comment on today’s developments.

Former Bowling Green lineman settles concussion lawsuit for $700K

DETROIT, MI - DECEMBER 4: The Bowling Green Falcons enters the field prior to the start of the game against the Northern Illinois Huskies on December 4, 2015 during the MAC Championship at Ford Field in Detroit, Michigan. (Photo by Leon Halip/Getty Images)
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A former Bowling Green football player who claimed he suffered permanent brain damage has settled a lawsuit with the university.

According to the Toledo Blade, Cody Silk will receive a $712,500 settlement in the agreement reached between himself and BGSU.  As part of the agreement, the university did not admit fault and the former offensive lineman agreed that he would not pursue any further damage claims.

Silk had filed his suit in 2013, claiming “that BGSU coaches and medical staff failed to withhold him from practices after he suffered repeated concussions.”  Silk claimed that he had suffered two concussions in 2010, but was cleared by the football program’s medical staff to return to full-contact status in practice; shortly thereafter, he suffered a third concussion.

The lineman subsequently parted ways with the team, lost his scholarship and dropped out of school.

The settlement came after Silk’s attorneys had asked the Ohio Court of Claims to reconsider their initial rejection.  From the Columbus Dispatch:

 The court initially rejected Silk’s claims, finding Silk signed a release of liability to play football in which he assumed the risk of possible injury. He refiled the claim last year. A state attorney claimed Silk was exaggerating and overreporting his symptoms, but the settlement will keep the case from going to trial.

In their motion for reconsideration, Silks’ representation contended, the Blade wrote, “the release [of liability] didn’t cover ‘wanton and willful misconduct,’ which he alleged BGSU’s conduct was.”

Hogs WR Keon Hatcher undergoes second surgery on same foot

FAYETTEVILLE, AR - SEPTEMBER 5:  Keon Harcher #4 of the Arkansas Razorbacks catches a touchdown pass over Kalon Beverly #32 of the UTEP Miners at Donald W. Reynolds Razorback Stadium on September 5, 2015 in Fayetteville, Arkansas.  (Photo by Wesley Hitt/Getty Images)
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An injury that wiped out most of Keon Hatcher‘s 2015 season has resurfaced.

On social media over the weekend, Hatcher posted a video which revealed his left foot encased in a post-surgery boot.  WholeHogSports.com subsequently confirmed through multiple sources that Hatcher had indeed undergone surgery recently.

The website writes “[i]t’s unclear why Hatcher required the surgery or whether he will miss any practice or playing time because of the surgery.”  The university has thus far declined to address the receiver’s status, although head coach Bret Bielema could be expected to touch on the situation during a post-spring press conference Thursday.

During Arkansas’ Week 2 upset loss to Toledo, Hatcher suffered a broken left foot that at first was expected to sideline him for a minimum of six weeks but, following surgery, ultimately cost him the remainder of the season.

At the time of the injury, Hatcher was the Razorbacks’ leader with 198 receiving yards and two touchdowns.  In 2014, he led the team with 558 yards receiving and six touchdowns.

Hatcher received a medical hardship waiver for the 2015 season, which will allow him to return as a fifth-year senior this season.

QB Nick Johns decides to transfer from Virginia

CHARLOTTESVILLE, VA - SEPTEMBER 25: A Virginia Cavaliers fan reacts to the Cavaliers being charged with a safety in the second quarter against the Boise State Broncos at Scott Stadium on September 25, 2015 in Charlottesville, Virginia.  (Photo by Rob Carr/Getty Images)
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Seeing the writing on Virginia’s depth chart wall, Nick Johns has decided to take his leave of Charlottesville.

As more and more kids are doing these days — especially the cool ones — Johns took to Twitter to announce that he has decided to leave the Cavaliers football program and transfer to an undetermined elsewhere.  According to the quarterback, he was given an unrestricted release from his UVa. scholarship.

Johns, who is not related to returning Cavalier starting quarterback Matt Johns, was a three-star member of UVa.’s 2015 recruiting class, rated as the No. 19 pro-style quarterback in the country and the No. 5 player at any position in the District of Columbia. As he didn’t see the field as a true freshman, Johns’ main claim to fame during his brief time with the Cavaliers was a driving while intoxicated charged he accrued last August.

With Matt Johns and Connor Brewer, a Texas/Arizona transfer, in a dead-heat for the starting job exiting the spring, and former East Carolina starter Kurt Benkert added as a graduate transfer over the weekend, Nick Johns’ decision to leave for a better shot at playing time is understandable.

Wyoming basketball player gives up hoops to play football

BOISE, ID - OCTOBER 24: Head coach Craig Bohl of the Wyoming Cowboys rallies his team at the start of the fourth quarter of the game against the Boise State Broncos on October 24, 2015 at Albertsons Stadium in Boise, Idaho. Boise State won the game 34-14. (Photo by Loren Orr/Getty Images)
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At the expense of its basketball team, Wyoming’s football team has made an early-May addition to its roster.

Austin Conway, a Cowboys basketball player, expressed a desire to play football earlier this year and was given clearance by both head coaches involved, Craig Bohl on the football side, Allen Edwards on the basketball side, to participate in spring practice.  With the 15 spring sessions now in the books, Conway has made his decision and will give up basketball in order to concentrate on football.

Conway, a Colorado high school quarterback, will play wide receiver at the collegiate level as well as return kicks for the Cowboys.

“I had nice long talks with Coach Bohl and Coach Edwards at the end of spring football,” said Conway in quotes distributed by the school. “Both coaches were very supportive. The biggest thing was I just had to follow my heart. I felt really comfortable being back out on the football field this spring. It felt like I was at home back on the field.”

Conway, who took a redshirt for the Cowboys basketball team as a true freshman in the 2015-16 season, will be eligible to play immediately in 2016 and will have four years of eligibility remaining.  The press release stated that the player’s “scholarship will be shifted from the basketball team to the football team beginning in the summer of 2016.”

As for his football credentials, here is the pertinent 411 from the release:

Conway was an outstanding football and basketball player at Overland High School in Aurora, Colo. He was named to The Denver Post’s All-Colorado team for all classifications as a dual-threat quarterback his senior season of 2014. During his senior season, he passed for 1,341 yards and 13 touchdowns and added 509 rushing yards and five rushing TDs. His junior season, Conway accumulated 1,847 passing yards and 1,130 rushing yards for 2,977 yards of total offense. He had a combined 31 touchdowns, 19 through the air and 12 on the ground. 

“Austin showed us during spring football that he has a passion for the game of football and that he had the skills to benefit our team moving forward,” said Bohl. “We were aware of Austin’s football accomplishments in high school. The fact that he has only been away from the game for a year we believe will make his transition a smooth one. He certainly benefitted from going through spring practice with us and will benefit from having a full summer to work with our strength and conditioning staff. We are excited to have Austin as a part of our team.

“Coach Edwards and I have been working together through this process to try and help Austin decide what is best for him. I want to thank Allen (Edwards) for his willingness to help Austin find the path that he feels is best for his future.