Louis Freeh responds to Paterno family critique

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Earlier this morning, the Paterno family released a lengthy critique of the Freeh report, which was released last summer documenting Penn State’s inaction in the Jerry Sandusky scandal. It’s so lengthy, we’re still working through it.

But Louis Freeh has published a response to the critique.

Here is it in its entirety (via):

I respect the right of the Paterno family to hire private lawyers and former government officials* to conduct public media campaigns in an effort to shape the legacy of Joe Paterno.

However, the self-serving report the Paterno family has issued today does not change the facts established in the Freeh Report or alter the conclusions reached in the Freeh Report. Joe Paterno’s own testimony under oath before the grand jury that investigated this horrific case is of critical importance. Mr. Paterno testified in 2011 that he knew from Michael McQueary in 2001 that McQueary had seen Sandusky “fondling, whatever you might call it — I’m not sure what the term would be — a young boy” in the showers at the Lasch Building. Mr. Paterno explained, “[o]bviously, 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.” Years later, Mr. Paterno would explain to a reporter he chose to discuss the event with that he told McQueary, “I said you did what you had to do. It’s my job now to figure out what we want to do.”

As detailed in my report, the e-mails and contemporary documents from 2001 show that, despite Mr. Paterno’s knowledge and McQueary’s observations, four of the most powerful officials at Penn State agreed not to report Sandusky’s activity to public officials. As made clear in the attachments to our report, on February 25, 2001, Messrs. Spanier, Curley and Schulz agreed to report Sandusky’s abuse to the Pennsylvania Department of Public Welfare. On February 27, 2001, these men agreed that reporting to DPW was not required, reasoning in the words of Graham Spanier that “[t]he only downside for us is if the message isn’t ‘heard’ and acted upon, and we then become vulnerable for not having reported it.” The only known, intervening factor between the decision made on February 25, 2001 and the agreement not to report on February 27, 2001, was Mr. Paterno’s February 26th conversation with Mr. Curley regarding what to do about Sandusky. Again, this conversation was memorialized in the contemporary email, where Mr. Curley said “[a]fter giving it more thought and talking it over with Joe yesterday — I am uncomfortable with what we agreed were the next steps.” Curley’s message continued:

I am having trouble with going to everyone, but the person involved. I think I would be more comfortable meeting with the person and tell him about the information we received. I would plan to tell him we are aware of the first situation. I would indicate we feel there is a problem and we want to assist the individual to get professional help. Also, we feel a responsibility at some point soon to inform his organization and [sic] maybe the other one about the situation. If he is cooperative we would work with him to handle informing the organization. If not, we do not have a choice and will inform the two groups. Additionally, I will let him know that his guests are not permitted to use our facilities. I need some help on this one. What do you think about this approach?

During the investigation, we contacted Mr. Paterno’s attorney in an attempt to interview Mr. Paterno. Although Mr. Paterno was willing to speak with a news reporter and his biographer at that time, he elected not to speak with us. We also asked Mr. Paterno’s attorney to provide us with any evidence that he and his client felt should be considered. The documents provided were included in our report.

Further, the Pennsylvania Attorney General specifically requested our staff not to interview Mr. McQueary so as to not interfere with the criminal prosecution of Sandusky. Nevertheless, we had access to sworn testimony by Mr. McQueary at the preliminary hearing as well as the Sandusky trial, where Mr. McQueary was thoroughly cross examined by several defense lawyers. Mr. Curley and Mr. Schultz declined to speak with our staff on advice of their lawyers, despite our numerous interview requests.

Mr. Paterno was on notice for at least 13 years that Sandusky, one of his longest serving assistants, and whose office was steps away, was a probable serial pedophile. Mr. Paterno was aware of the criminal 1998 investigation into Sandusky’s suspected child sexual abuse. Indeed, the evidence shows that Mr. Paterno closely followed that case. Later, in 2001, another one of his assistants, Mr. McQueary, directly reported to Mr. Paterno that Sandusky was sexually abusing a young boy in Mr. Paterno’s Penn State football locker room. The evidence shows that Mr. Paterno purposefully ignored this evidence.

I stand by our conclusion that four of the most powerful people at Penn State failed to protect against a child sexual predator harming children for over a decade. These men exhibited a striking lack of empathy for Sandusky’s victims by failing to inquire as to their safety and well-being, especially by not even attempting to determine the identity of the child who Sandusky assaulted in the Lasch Building in 2001.

In the past months, Penn State has made a dedicated effort to reform the problems that led to Sandusky’s ability to victimize children on the university campus. I trust that the changes and improvements that Penn State has put in place will help to build a constructive and protective environment where children will not again suffer abuse.

BYU wearing special patch in honor of LaVell Edwards

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BYU got the summer media day fun started on Friday with their football media day. BYU tends to pull out all the stops on its media day with coach and player interviews, alumni returning, and a handful of announcements about the future of the program. In addition to news about their relationship with ESPN, BYU also announced the football team will be sporting a patch this season in honor of the late LaVell Edwards.

In addition to players wearing the patch on their jerseys, BYU coaches will also wear the patch on their sleeves.

Edwards passed away in December at the age of 86. The BYU coaching legend spent 29 seasons on the sidelines in Provo and accumulated 257 wins along the way. Among those was a national championship season in 1984, which remains the most recent national championship to be claimed by a program not currently in a power conference. Edwards took 22 BYU teams to a bowl game.

Now if we can just keep getting BYU to stick to that lighter shade of blue as their main home uniform, we’ll be in great shape.

Former Vanderbilt football player Brandon Banks found guilty of rape

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Former Vanderbilt football player Brandon Banks was convicted by a jury on Friday for rape of a female Vanderbilt student. Following 15 hours of jury deliberations, the verdict of guilty on one count of aggravated rape and one count of aggravated sexual battery was in.

”He’s shocked but understands that this is only the first part of this process, there’s a lot more to do from here on,” Banks’ lawyer, Mark Scruggs, said after the verdict. ”We have some really good issues to raise.”

Part of Banks’ defense was built on succumbing to peer pressure, suggesting he feared he may be beaten up by teammates if he did not participate in the scandalous activity. The jury, having reviewed videos and photos from the incident, some of which were shot by Banks, determined that was not a viable defense.

”Making fun of another person is not right, but we know it happens,” Assistant District Attorney Roger Moore said in closing arguments, according to the Associated Press. ”But it doesn’t give you a legal defense to commit a crime, particularly not an aggravated rape, an aggravated sexual battery. I mean if that’s the case, then we’d have the ‘football team defense.”’

Banks will serve a minimum of 15 years in prison. One count of aggravated rape has a minimum sentence of 15 years.

Other former Vanderbilt players had previously been convicted for their roles in the 2013 rape. Cory Batey was found guilty of aggravated rape and sentenced to 15-25 years in prison in April 2016. Brandon Vandenbeurg was found guilty and sentenced to 17 years in prison.

California’s state-funded travel ban to discriminating states raises mild football scheduling concerns

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The state of California is banning state-funded travel to the states of Texas, Alabama, Kentucky, and South Dakota. Those states are added to the previous state-funded travel bans that included Kansas, Mississippi, North Carolina, and Tennessee due to what California lawmakers say are laws that allow for discrimination against gay and transgender people.

So what does this have to do with college football? My colleague, Bryan, notes this latest decision from the state means scheduling any potential road games for a handful of schools just got a tad trickier.

This development poses a couple of issues for some California schools to address moving forward.

San Jose State is the school affected by this latest news right off the bat. San Jose State has a road game scheduled at Texas on September 9 this season. San Jose State may have to rely on some of that guaranteed money from Texas to cover the expenses, which would put a dent in the total takeaway from playing the game in the first place.

Cal is also scheduled to play at North Carolina on September 2. Cal also plays at TCU in 2021 and at Auburn in 2024. If the ban is still in operation at those times, then Cal will have to budget ahead of time to tackle the expenses. UCLA will play at Memphis on September 19.

The state-funded travel ban to these states may not be an issue for the postseason, as bowl game expenses tend to be carried by the conference and their revenue shares.

Fresno State has a road game at Texas A&M scheduled in 2020. San Diego State has no future scheduling hassles to worry about for the time being.

When ‘physically, mentally ready,’ door wide open for Keyshawn Johnson Jr.’s return to Nebraska

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Keyshawn Johnson Jr. has yet to play a down for Nebraska, but, if it’s up to Mike Riley, he will at some point down the road.

Earlier this month, the son of former USC great Keyshawn Johnson was cited for marijuana possession and possession of drug paraphernalia.  This past week, the younger Johnson decided to take a leave of absence, with his father stating that his son needed some time to “mature” and will not play for the Cornhuskers in 2017.

Left open at the time was the question of whether Johnson Jr. would ever play for the ‘Huskers, period.  Friday, Riley left the door wide open for a return.

“We’re disappointed that he’s not here with us right now today,” the head coach said according to the Lincoln Journal-Star. “I think there’s kind of a wellness factor for Keyshawn going home. We talked to him about the possibility of maybe enrolling part time and taking care of his progress toward his degree, and also getting in great shape.

“And we opened the door for return, which is just kind of left open that we’ll deal with at the time that he is physically and mentally ready to do that.”

A three-star 2017 signee who was an early enrollee and participated in spring practice, the younger Johnson had been expected to be an immediate contributor for the Cornhuskers this season.