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Disgraced Former Penn State DC Jerry Sandusky (convicted child molester)

http://www.law.cornell.edu/uscode/18/4.html

Misprision of a Felony? If some of the contact was interstate, I'd think that misprision of a felony might apply to concealing the fact of a federal offense of which one has knowledge.

And, the distinction seems to be some kind of active concealment, although how demonstrative that has to be is unclear to me. Simply not reporting may not be enough. Deep sixing an incident report might. Lying about it to the authorities? Yeah, that would do it.

I don't practice criminal law, and don't know if Pennsylvania has a state equivalent.
 
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ORD_Buckeye;2029484; said:
What kills me is that they didn't go to the police but subsequently barred Sandusky from bringing kids onto campus. What is the line of thought here? Hey don't do this where it might embarrass Joe, but feel free to go balls deep on junior across town. OK?
Yeah. That is the essence of what I think it boiled down to. Not a care in the world for present or future victims of sexual abuse, just a cold decision to try to ensure that the abuse would not be linked to Penn State.

There is actually no other way that I can see it. I mean, if it were a naked coach and kid walking back from the shower I would question that, and make a rule because of that situation never to let an adult be alone with a kid, let along in the shower. Basic "two deep" (two adults present with a kid at all times so that a single adult cannot be alone with a kid for any period of time that would allow abuse to occur) rules that almost all organizations that work with kids have been using for decades.

But to see a guy with staff privileges balls deep in a ten year old and let the guy stay on campus without notifying the police, the parents and/or the organization that sponsored the kid's visit to campus to avoid bad press and a lawsuit? There is little they can do that is worse, save hold a kid down while Sandusky does his business. Either way, they are helping him with access to future victims.
 
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Gatorubet;2029504; said:
http://www.law.cornell.edu/uscode/18/4.html

Misprision of a Felony? If some of the contact was interstate, I'd think that misprision of a felony might apply to concealing the fact of a federal offense of which one has knowledge.

And, the distinction seems to be some kind of active concealment, although how demonstrative that has to be is unclear to me. Simply not reporting may not be enough. Deep sixing an incident report might. Lying about it to the authorities? Yeah, that would do it.

I don't practice criminal law, and don't know if Pennsylvania has a state equivalent.

This is an interesting thought. I didn't consider misprision. I glanced at the link (god love Cornell for their law and blue book access, btw, also Cincinnati of all places). I can only assume early in that section of the code some sort of understanding as to knowledge/reckless disregard/negligence is laid out. As it is written, alone, it appears to require knowledge and no acts to conceal, simply to not report.

I spent maybe 5 minutes looking into this, so take it for what it is worth: it looks like 18 states require reporting from anyone any knowledge of child abuse, which is not necessarily sexual. The rest require reporting from those with a special duty, like teachers, doctors, psychologists, and in some cases priests. Pennsylvania was a state with law like the latter at the time of the incidents. They amended their reporting laws in 2007 to be broader, but I couldn't tell from the case I saw whether it related to all parties, and again this was after the fact. I could totally be wrong about this, I barely looked at anything and it wasn't clear.

Regardless, the fact that so much of the nation and the entire nation on a federal level makes Paterno's behavior illegal adds to the moral reprehensibility of his actions whether unlawful or not.
 
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[ame="http://www.amazon.com/Touched-Jerry-Sandusky-Story/dp/1582613575/ref=tmm_pap_title_0?ie=UTF8&qid=1320442619&sr=8-1&tag=vglnk-c1416-20"]Amazon.com: Touched: The Jerry Sandusky Story (9781582613574): Jerry Sandusky: Books[/ame]

38 of 50 people found the following review helpful:
5.0 out of 5 stars A touching memoir..., November 6, 2011
By
Jay Paterno - See all my reviews



This review is from: Touched: The Jerry Sandusky Story (Paperback)
I have been a supporter of the program for many years. Without a doubt, nobody has touched me as Jerry Sandusky did.
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Comment Comments (2)
 
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Buckeyefrankmp;2029436; said:
Legally he did the right thing. Morally, he dropped the ball.

BB73;2029466; said:
Perhaps Paterno fulfilled his legal responsibility by passing the information up the chain. But in my eyes he clearly fell way short of his ethical responsibilities toward all of the young boys in Second Mile.
Was Paterno's reporting to AD Curley an attempt to get to the bottom of the issue, or an attempt to cover it up? This excerpt from the grand jury report (as summarized in the Black Shoes Diary article) makes me wonder:

Victim #2: Not to downplay the other alleged incidents, but this is the one prominently involving the Penn State administration and Joe Paterno. On March 1, 2002, Sandusky was alleged caught by a PSU football Graduate Assistant (identified by the Harrisburg Patriot-News as current PSU wide receivers coach Mike McQueary) with a 10-year old boy in the showers at Lasch. The next day, the Graduate Assistant called Joe Paterno and went to Paterno's home to describe what he saw at Lasch. On March 3, Paterno called Director of Athletics Tim Curley to his home and relayed what he had been told. According to the Grand Jury Findings of Fact, approximately one and one-half weeks later, the GA is summoned to a meeting with Curley and Gary Schultz, who assure the GA that they would investigate further. Joe Paterno was not at this meeting.
Instead of reporting to the real police, Curley brings in the "fixer" (Schultz) and then - ten days later - meets with McQueary without Paterno present, thus keeping Paterno out of the loop. Now Paterno can say that he: (1) fulfilled his reporting requirement by going to Curley; (2) didn't know that Curley and Schultz were going to keep the investigation "in house"; (3) doesn't know what McQueary told Curley and Schultz; and thus (4) doesn't know whether McQueary adequately expressed the seriousness of the situation.

I imagine that Paterno, Curley, and Schultz will try to dump on McQueary - "He said they were 'horsing around'. He never said anything about 'rape'."
 
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LordJeffBuck;2029538; said:
I imagine that Paterno, Curley, and Schultz will try to dump on McQueary - "He said they were 'horsing around'. He never said anything about 'rape'."
You'd really think that with both a phone call and a visit to Paterno's house, there would be time to mention that detail.

And Sandusky should have been in jail - or the hospital - or the morgue - by then.

Every step of this story is creepy to the nth degree.
 
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LordJeffBuck;2029538; said:
I imagine that Paterno, Curley, and Schultz will try to dump on McQueary - "He said they were 'horsing around'. He never said anything about 'rape'."

He's absolutely the scapegoat that they'll dump to protect the program/legacy/university.

By the time Penn State's lawyers/pr machine, the indicted's lawyers and the Paterno camp get done with him, he'll be wrecked. Not that he, for the reasons others have spelled out in detail, deserves any great sympathy. Perhaps, on some level, this is exactly what he deserves to have come his way after walking away from a helpless kid getting raped, only to have the very people/institution that he was trying to protect turn around and go balls deep on him. I just don't want to see others in (greater) positions of responsibility weasel out of also being held responsible for this.
 
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OSU_Buckguy;2029554; said:
penn state is known as linebacker u, which was a term coined in the early 70s. guess who was made penn state's linebacker coach in 1970?

New nickname is in the tags.

I've been back and forth to Frankfurt almost every couple of weeks the last few months, but I am so going to try and be in Madison on the 26th. The amount of abuse that Ped State is going to receive will be monumental.
 
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LordJeffBuck;2029538; said:
I imagine that Paterno, Curley, and Schultz will try to dump on McQueary - "He said they were 'horsing around'. He never said anything about 'rape'."

From page 7 of the presentment:

Approximately one and a half weeks later, the graduate assistant was called to a meeting with Penn State Athletic Director Curley and Senior Vice President for Business and Finance Gary Schultz ("Schultz"). The graduate assistant reported to Curley and Schultz that he had witnessed what he believed to be Sandusky having anal sex with a boy in the Lasch Building showers. (my emphasis) Curley and Schultz assured the graduate assistant that they would look into it and determine what further action they would take. Paterno was not present for this meeting.
 
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