Joe Paterno

What the Paternos’ critique of the Freeh report didn’t do, and what it did


Like most of you, I’m sure, I already had an idea of what the Paterno family and its accompaniment of “independent analyses” would say in its critique of the Freeh report.

The family has, in unapologetic fashion, defended Joe Paterno‘s name and legacy over the past year after he was fired from Penn State following decades of success and crucified by the court of public opinion for his actions — or inactions — in the Jerry Sandusky scandal. While the core of the Sandusky story revolves around the utter disbelief that a serial pedophile could go years preying on young boys without ever being stopped, the decision on what to make of Paterno’s role in it all has manifested into one of the most — if not the most — polarizing angles.

So when the lengthy report was released Sunday morning, I wasn’t surprised to find phrases such as “rush to injustice”, while the Freeh report was deemed a solidification of the “false public narrative about Joe Paterno.”

But false, honest, or somewhere in between, the multiple narratives about Paterno in this entire mess are as permanent as the mark he left on his former program and university. It’s been over a year since the Harrisburg Patriot-News broke the Sandusky story wide open and people’s opinions one way or the other are pretty much set. In that regard, the Paterno family’s retort to the Freeh report accomplishes nothing.

The arguments range. From Paterno’s apparent inability to comprehend sodomy “as a 72-year-old football coach who was untrained in the complicated, counterintuitive dynamics of child sexual victimization and who came from a traditional background where even consensual sex was not discussed”, to being straight-up “fooled” by Sandusky, the critique implies that Paterno was prude enough to make Ned Flanders look like a proponent of sex, drugs and rock n’ roll.

Yet, in his grand jury testimony, Paterno sounded up to speed on what happened between Sandusky and Victim 2 in 2001 when then-graduate assistant Mike McQueary walked in to the showers of the Lasch building on Penn State’s campus. McQueary then relayed what he saw to Paterno.

“He said he had something that he wanted to discuss. I said come on over to the house. He had seen a person, not an older but a mature person who was fondling or whatever you might call it.

“It was a sexual nature.”

The question is whether that understanding was the same in 2001 at the time of the conversation. The lack of documentation of any sort for that meeting has created one of the great mysteries of this story.

Even with documentation, the critique battles the theory that Paterno knew of Sandusky’s pedophilia and participated in a cover-up. One of the long-standing focal points of Paterno’s role in this story has been the email from Athletic Director Tim Curley to Vice President Gary Schultz and President Graham Spanier dated Feb. 27, 2001:

“After giving it some more thought and talking it over with Joe yesterday — I am uncomfortable with what we agreed were the next steps.”

At first glance, it would appear Paterno altered a course of action in dealing with Sandusky that originally included informing the Department of Public Welfare. The critique says that email was misrepresented, that a plan to inform proper authorities was still in place, just delayed.

Those are just two examples of many, but does that change your mind about Paterno for better or worse? It doesn’t for me. For example, the exact date and time Paterno met with Curley so as to not “ruin his weekend” to relay what he heard from McQueary doesn’t change the fact that, by the critique’s own admission on the second page, Paterno appeared to wash his hands of a situation he shouldn’t have.

(1) Joe Paterno never asked or told anyone not to investigate fully the allegations in 2001, (2) Joe Paterno never asked or told anyone, including Dr. Spanier and Messrs. Curley and Schultz, not to report the 2001 incident, and (3) Joe Paterno never asked or told anyone not to discuss or to hide in any way the information reported by Mr. McQueary.

Paterno’s involvement in any degree is a paradox. On one hand, he is not the center of the Sandusky story; rather, he is a link in a chain of key individuals who are accused of doing less than we as a society claim we would have done if placed in a similar situation. On the other hand, Paterno was not just a football coach. Few, if any, individuals in college athletics have become the face of an institution like Paterno was. To suggest that he did not have power or influence beyond the typical head coach is nothing short of naive. 

In addition to his spot atop Penn State’s chain of command, the other thing Paterno never lost was his mind. Though his body deteriorated with age, and his battle with cancer was eventually lost in early 2012, his grey matter was as sharp toward the end of his life as it was in his prime. This was universally known and witnessed.

With that power and brilliance comes accountability for what happens while you’re in charge, whether or not it’s in your area of expertise. It’s admittedly a unique situation. The Sandusky scandal is not about Paterno, yet it sort of is. The family’s response to the Freeh report mirrors that assessment even though it dismisses any sort of accountability Paterno should have had.

While the critique doesn’t do anything to persuasively change the public’s opinion about Paterno — it’s certainly not for a lack of effort — it does reasonably poke holes in the Freeh report’s strategy in coming up with its findings. Of the hundreds of people interviewed for the report, neither Curley nor Schultz, who are facing perjury charges and clearly among the most important people in this case, were. Paterno passed away early last year after a battle with lung cancer. His voice, the most important in this topic, is forever silenced.

The portion of the report written by Dick Thornburgh does a good job of dissecting the documentation used by the Freeh report to uncover holes in logic. The portion written by Jim Clemente offers compelling, psychology-based counterarguments to the perception that someone had to have known about Sandusky’s pedophilia.

The Freeh report was never entirely conclusive, and it certainly wasn’t intended to be used as a resource for the NCAA to levy punishment on Penn State’s football program, but in the end, the Paterno family’s response just doesn’t do much other than expose the Freeh’s blemishes while trying to hide Paterno’s.

The thing is, you can’t. Joe Paterno was a human being capable of doing great things for others, as well as doing wrong. He had a statue outside Beaver Stadium and a mural with, at one point, a halo painted over his head. But Paterno was not a god, nor was he a saint. The critique transparently attempts to restore Paterno’s image as such, and it’s bogus.

Paterno is just like you and me. To believe otherwise is only setting yourself up for massive disappointment.

Deposition: 20 women accused Seminole football players of sexual assault last nine years

Wake Forest v Florida State

In a deposition this past summer, the woman charged with running the office that deals with victims of, among other things, sexual violence on the Florida State campus claimed that 20 women were sexually assaulted by members of the Seminole football team over the past nine years.  The former director of FSU’s victim advocate program, Melissa Ashton, went on to claim that the accused football players received special treatment and that most of the alleged victims chose not to pursue student-conduct charges “a lot of times based on fear” of reprisals.

The June deposition is part of the ongoing lawsuit filed by Erica Kinsman, who had accused star quarterback Jameis Winston of raping her in December of 2012.  The first overall pick of the 2015 NFL draft was neither charged criminally nor found guilty in a student-conduct hearing.

The testimony of Ashton, who left her post in August of this year, was part of what was described as the release of heavily-redacted documents related to Kinsman’s lawsuit.  It’s argued in the Title IX suit that FSU did not properly investigate Kinsman’s claims against Winston as required by federal law.

Speaking of others who said they had been sexually assaulted at the school over the past nine years by football players, Ashton said the majority “chose not to go through a process, a lot of times based on fear.” Ashton said victims had “a fear of retaliation, seeing what has happened in other cases and not wanting that to be them.”

But in her statements she said she was concerned that athletes get preferential treatment during investigations of misconduct, including access to an athletic department official who helps them get access to outside lawyers.

In addition to the unnamed football players allegedly involved in an estimated 20 sexual assaults the past decade, “Ashton stated that… ‘easily double‘ that number have been involved in interpersonal violence.”

FSU officials had sought to block the release of the depositions, but were ordered by the judge in the case to hand them over in a ruling this past October.  The document release was prompted by a public records request from various news organizations, including the Associated Press.

Win over Grambling approved, Cal officially becomes bowl eligible

Jared Goff
Associated Press
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Earlier today we had the report that Cal, they of the normally bowl-eligible six wins on the season, were not actually bowl eligible. The hang up was due to some NCAA red tape on how many scholarships Grambling, a 73-14 victim to the Bears on opening Saturday, had actually awarded this year.

Why the number of scholarships awarded by an opponent of a 6-5 team could determine what glorified exhibition said 6-5 could or could not play is a matter for another time, but the fact is it mattered.

But according to a report from Kevin Gemmell of, the Bears received approval to count the win toward their total, meaning Sonny Dykes and company will go bowling for the first time since 2011.

“We have conferred with both Grambling and the NCAA,” Cal spokesman Wes Mallette told ESPN. “As anticipated, Grambling has confirmed their football program has met the 90 percent financial aid requirement over the rolling two-year average. Therefore, Cal football’s win over Grambling counts toward bowl eligibility. Cal football is bowl eligible.”

The Bears have a chance to become bowl eligible the old fashioned way with a win over Arizona State Saturday in Berkeley.


Tulane reportedly set to fire head coach Curtis Johnson

Curtis Johnson
Associated Press
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The end of the college football regular season brings with it bowl bids, conference championship entries and rivalry games. Along the way, though, come end-of-season firings. So many end of-season firings.

According to a report from Dan Wolken of USA Today Wednesday night, the first one is already on the books. Or at least close to it.

Wolken reports Tulane is set to part ways with head coach Curtis Johnson following the Green Wave’s Friday finale against Tulsa “barring a last-minute change of direction.”

Johnson is 15-33 in nearly four complete seasons at Tulane, reaching a high point of a 7-6 mark wtih a New Orleans Bowl appearance in 2013 but winning two, three and three games in his other three campaigns.

If and when the move becomes official, Tulane will become the 15th FBS school to change head coaches this season, matching the total number of changes during the 2014-15 cycle.

Wolken reports Tulane will hire a new athletics director within the next week, and once that hiring is complete the school will then embark on hiring Johnson’s replacement.

Reports: Michigan DC D.J. Durkin a “strong candidate” for Maryland vacancy

D.J. Durkin
Associated Press

Michigan defensive coordinator D.J. Durkin has emerged a “strong candidate” for the Maryland job, according to reports from Yahoo‘s Pat Forde and Fox Sports’ Bruce Feldman Wednesday.

“Durkin, 37, met recently with Maryland officials, sources said,” Forde wrote. “No job offer was made, but the interview went well, sources said.”

Added Feldman:

Durkin is in his first season as Michigan’s defensive coordinator, helping the 9-2 Wolverines jump from 14th to third nationally in yards per play allowed (4.77 to 4.15) and 27th to sixth in scoring defense (22.4 to 14.9).

Prior to working on Jim Harbaugh‘s staff, Durkin served as Will Muschamp‘s defensive coordinator at Florida for two years, and as his special teams coordinator for two years before that. He previously worked at Stanford, Bowling Green (his alma mater) and Notre Dame.

Should he be offered and accept the job, Durkin would immediately become Big Ten East rivals with his mentor Harbaugh.

“This week is so important to our guys, my 100% focus is on this game and our players — that’s what this profession is all about. You’ve got to make sure you’re taking care of the job you have week in and week out. It’s a tough task, especially with this team we have this week,” Durkin told the Detroit Free Press when asked about the reports.

“My goal is to get the best game plan possible together for Ohio State and have our guys go play well. To answer rumors or speculation right now and put something to it, my total focus is 100% on Ohio State and nothing else.”