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.

Infant son of D’Onta Foreman passed away during Texas’ 2016 season

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As a father five times over, I simply can’t imagine doing what D'Onta Foreman did last season.

On the field, the Texas running back was an absolute beast.  He led the nation in rushing yards per game at 184.4 — next closest was San Diego State’s Donnell Pumphrey at 152.4 — while his 2,028 total rushing yards were second to Pumphrey (2,133).  On Nov. 5 against Texas Tech, Foreman ran for 341 yards, the third-highest total in Longhorns history.

In a profile that appeared on the NFL Network, Foreman revealed that, unbeknownst to those outside of the football program, his girlfriend gave birth to a baby boy on Sept. 16.  His son was born premature and weighed just 15 ounces at birth; 50 days later, the infant passed away — not long after Foreman’s historic performance against Tech.

In fact, Foreman learned of his son’s death as he was driving back to the hospital in Texas City after the game to be with him.

From HookEm.com‘s transcription of his interview with the NFL Network:

I always dreamed of having a boy and naming him after me and you know, just seeing him grow. You know, just loving him.

“He was a fighter, you know. He would like fight and he’s going to make it and everything will be fine.”

“I really didn’t know how to feel. I was like numb. I was driving and then I was crying while I was driving. I was crushed and I was so hurt. I feel like something was taken away from me before I even really got the chance to experience it.

While nothing can ever replace Foreman’s loss, there is a silver lining in his story as the back’s girlfriend is again pregnant.  The due date?  The same day D’Onta Vanton Foreman Jr. was born.

Foreman Sr. is one of the players who are part of the pool for the NFL draft, which will take place this Thursday in Philadelphia.

Via Twitter, safety Jordan Fogal says he’s leaving Utah

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Utah has become the latest FBS program to lose a player via the increasingly-popular graduate transfer route.

Jordan Fogal announced on his Twitter page this weekend that, “after many prayers and long discussions, I found it in my best interest to leave Utah and look to transfer to another university. The specific destination for the continuation of his collegiate playing career was not divulged in the missive.

The safety described his decision as “very difficult” as he said “Utah and the fan base here will forever hold a place in my heart and I will truly miss this place.”

As a grad transfer, Fogal will be eligible to play immediately in 2017 at another FBS school. This upcoming season will be his final year of eligibility.

After spending two seasons at the junior college level, Fogal played in 11 games the past two years.  Fogal’s two interceptions last season were tied for fourth on the team.

The defensive back’s 2015 season came to a premature end after three games because of an injury. He then played in eight games in 2016 for the Utes.

Oklahoma State’s Jordan Brailford undergoes shoulder surgery, may be back before opener

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The injury-plagued career of Jordan Brailford (pictured, right) in Stillwater is apparently showing no signs of slowing down.

While the football program has yet to confirm it, Oklahoma State’s student newspaper, the Daily O’Collegian, has reported that Brailford has undergone a surgical procedure to repair unspecified damage in his shoulder. The Oklahoman subsequently confirmed the initial report.

It’s expected that the surgery will sideline the redshirt junior defensive lineman for up to four months, which would put him back in time to participate in the latter portions of summer camp. The Oklahoman notes that, via a team source, “Brailford’s availability for the opener depends on how quickly he heals and strengthens the shoulder.”

OU opens the 2017 season against Tulsa Sept. 2, although that game could be moved to Aug. 31.

A three-star 2014 signee, Brailford took a redshirt his true freshman season after suffering a fractured tibia. After playing in 10 games the following season, he missed all of 2016 because of a stress fracture in his foot.

He’s already received a medical hardship waiver for one of those seasons.

Alabama QB Jalen Hurts uses photo of Clemson celebrating title win as motivational phone background

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Nick Saban said last week that the loss to Clemson in the the national championship game earlier this year is one that he’ll never get over, although he didn’t go so far as to compare it to a death in the family. One playing member of Saban’s Alabama Crimson Tide team is taking to steps to ensure that he never forgets, either.

Jalen Hurts was the Tide’s talented true freshman starting quarterback who helped lead ‘Bama into the title game and, with a 30-yard touchdown run with just over two minutes left, gave his team a 31-28 lead. That lead was short-lived, however, as Deshaun Watson led his Tigers on an epic 88-yard drive that was capped by his two-yard touchdown pass with just one tick left on the clock for the 35-31 win.

The stunning last-second loss is something that Hurts makes a conscious effort to remind himself of daily as the rising sophomore, as the background on his smartphone, has a picture of Clemson players celebrating their win.

“We’re obviously all on our phones all the time,” Hurts said according to al.com after this past weekend’s spring game. “Every time I unlock it, it’s kind of a reminder. It kind of humbles me and keeps me motivated. …

“It’s not a grudge at all. It’s just something that keeps it on the back of your shoulder like, yeah, it’s still there. Remember why you’re doing it because at the end of the day, the goal for this team is to win the national championship.