"The first thing we do, let's kill all the lawyers."—Dick the butcher

Tuesday, November 15, 2011

Special Happy Valley Edition—Paterno symbolic liar of 11/7/11

Does not pass the smell test.


I was a criminal trial lawyer for twenty years.  I have tried scores of rapes, murders, and child abuse cases, and read thousands of police reports. 

I’ve heard every lie that can be told—from the mouths of my own clients and the witnesses to their conduct, to the most offensive lies—the ones from the very people who are paid not to lie—the judges, prosecuting attorneys, and the police. 

Everybody has their own agenda, and virtually nobody is unwilling to lie in order to advance it.

I will remember 11/7/11 for the metaphor that it is—what should be forward is actually backwards at the start. 

Michael Jackson was a once-in-a-generation talent, but the product of an abusive father.  When the entertainer’s fame, power, and money grew to allow it, he built a home/ranch/amusement park he called Neverland, a place found in the minds of children where fairies spread fairy dust, a magic material which enables people to fly, in conjunction with them thinking happy thoughts, a place where, thanks to Walt Disney, we think of as a place we never have to grow up. 

Although never proven against him beyond a reasonable doubt, Jackson had a predilection for young boys—building a fantasy playland where they would want to go, befriending them, having them sleep over, and plying them with gifts and alcohol.  I can’t prove it, but my bones tell me that Michael Jackson sexually abused young male children. 

Jackson was also a drug addict.  Like his fellow drug addict Rush Limbaugh, he could afford to have his own doctor dispense the drugs to him legally.  Jackson was never charged for doing drugs.

From what torment was Jackson seeking escape? 

The predator preys on the weak.  The lion searches for the wildebeest least equipped to fend off the attack.  The lion separates the young wildebeest from the protection of pack with money, gifts, attention, fame, access to things that interest and attract the prey. 

Fast forward to 11/7/11.  The news reads that Michael Jackson’s doctor gets convicted of killing Jackson for giving him the drugs he wanted.  Nobody killed Michael Jackson.  He took his own life, willingly.  For the lives of the children he ruined, Jackson goes free.  His doctor goes to jail.

Daniel Enrique Guevara Vilca, a 26-year-old Peruvian who entered the country legally in 2000 but overstayed his visa, isconvicted of 454 counts of possessing child pornography, and is sentenced to life in prison.  There is no evidence he actually assaulted anybody.  Police give no word on the people who produced the images or made them available for distribution, nor is there any word about what, if anything, is being done to find or protect the children in the images. 

Guevara Vilca had been arrested two years ago when investigators executed a search warrant around 6 a.m. at an apartment he shared with his mother and brother.  They seized a computer, and linked him to the computer to him through “interviews”, even though he listened to his trial through a Spanish translator.  The police report in the case is available for download on the internet.  Guevara Vilca sits in jail for two years awaiting trial. 

Rewind to May of 1998.  Jerry Sandusky, assistant football coach at Penn State and head coach in waiting, founder of The Second Mile, a charity formed to “help children who need additional support and would benefit from positive human interaction”, is confronted by a young wildebeest’s mother.  The lion met the young wildebeest through The Second Mile.  The mother wants to know what Sandusky is doing showering naked in a Penn State locker room with her 11-year-old son, grabbing him around his waist, soaping his back, and holding him up to the shower head from behind with Sandusky’s genitals pressed against her son’s buttocks.  She calls the University Police. 

The police investigate.  Child protective services is called with the blessing of Wendell Courtney, attorney for Penn State University.  Courtney is also attorney for The Second Mile.  Sandusky admits to showering with other boys; he says he wishes he was dead.  The director of the police, Thomas Harmon, sees that a police report is made that nobody but a grand jury can now seem to get, and directs the detectives to close the investigation.  The District Attorney, Ray Gricar, exercises prosecutorial discretion and decides not to charge Sandusky. 

The next May, in 1999, Joe Paterno tells Sandusky that he will not be the next head coach at Penn State. 

Although many reports have stated that Sandusky retired in June of 1999, Sandusky coaches the Penn State defense in the Alamo Bowl in San Antonio, Texas on December 28, 1999.  Another young wildebeest is listed as a member of the Sandusky family traveling party.  He is now known as Victim 4.  Sandusky meets him through The Second Mile.  That youngster tells a Pennsylvania grand jury that he has been abused by Sandusky for 2 or 3 years prior to the Alamo Bowl, beginning at age 12.  Prior thereto, much of the child molestation takes place in hotel rooms with Sandusky prior to Penn State football games.

The lion would kiss the inner thighs and genitals, insert his aroused sexual member into the young wildebeest’s mouth, sometimes resulting in orgasm for the lion.  Sandusky makes slight penetration to the youngster’s anus with both his finger and his sexual member.  Victim 4 resists these rear advances, and when he resists them at the Alamo Bowl in Texas in December of 1999, Sandusky threatens to send him home. 

Penn State wins the game 24-0 over Texas A & M, with Lavar Arrington leading a defense that is considered the best in the country.  Sandusky, only age 55, retires after the game.  No head coaching job, no raise, no professional offers, just to spend more time devoting his energies to The Second Mile.  The head of the campus police, Gary Schultz, tells the aforementioned grand jury that Sandusky retired when Paterno felt it was time to make a coaching change and also to take advantage of an enhanced retirement benefit under Sandusky’s state pension.

If you believe that, then you should not be shopping for vacant land in Florida.

Sandusky is given “emeritus” status with Penn State, meaning that he retains as an honorary title the rank of the last office he held at PSU.  Coach Sandusky is rewarded with, among other things, an office and phone in the football building, and unlimited access to the football facilities, including the locker rooms, showers, and saunas.  The only thing Penn State does not provide Sandusky with is underage children.  The Second Mile provides that. 

A fall evening, in 2000, with the football team at an away game, a temporary janitor sees Sandusky performing oral sex on a young boy pinned up against the wall in—you guessed it—the showers of the football building.  Another janitor sees Sandusky and the boy come out of the showers hand in hand.  The temporary janitor tells his fellow janitor what he saw, and they decide to tell their supervisor.  They fear they will lose their jobs.  The supervisor does not report it to authorities, nor do the janitors.  They all see Sandusky lurking around the football building in his car until 3:00 a.m.  The young boy, estimated to be between 11 and 13, is now known only to Sandusky.  We know him only as Victim 8. 

On Friday March 1, 2002, former Penn State quarterback and 28-year-old graduate assistant Mike McQueary at 9:30 p.m. in the locker room at the football building finds the lights and the showers on.  He hears rhythmic slapping sounds he believes to be of sexual activity.  He investigates, and sees a naked 10-year-old boy, Victim 2, pinned against a wall being subjected to anal intercourse by a naked 58-year-old Sandusky.  Both the victim and Sandusky see McQueary, who flees. 

McQueary calls his dad, who tells him to come home.  They decide McQueary needs to tell Paterno.  He goes to Paterno’s home the next day.  Paterno says McQueary told him that McQueary saw Sandusky in the football building showers “fondling” or “doing something of a sexual nature to a young boy.” 

Paterno waits until the next day, and calls Penn State athletic director Tim Curley, who, like McQueary, played quarterback for Paterno. 

Nobody calls the campus police, the real police, or the reports the incident to child protective services. 

Curley waits for a week and a half, and summons McQueary to a meeting between the two of them and Gary Schultz, who is the Senior Vice President for Finance and Business, which inexplicably means he oversees the campus police department.  No Paterno this time.  McQueary tells them what he saw.  Curley and Schultz say they will look into it. 

Two weeks later Curley calls McQueary, who was told Sandusky’s keys to the locker room were taken away, and the incident reported to The Second Mile. 

Prosecutor Ray Gricar goes missing on April 15, 2005 without explanation.  His laptop computer is later found in the Susquehanna river near the spot where his car was found.  The computer’s hard drive is missing.  Records show that before his disappearance, Gricar made internet searches on such topics such as "how to wreck a hard drive", "how to fry a hard drive", and "water damage to a notebook computer".  Gricar’s hard drive is also found in the river two months later.  No data can be recovered from it.  Gricar remains missing, and is legally presumed dead.  He, too, was evidently seeking escape from something. 

Victim 1, who along with his mother are the only heroes in this story, has been molested by Sandusky since his was 11 or 12, from 2005 or 2006.  He meets Sandusky through The Second Mile.  Sandusky takes him to Eagles games, Penn State practices, buys him gifts, and has him sleep over in the basement.  Sandusky starts by “cracking his back” every night, blows on his stomach, and in time starts to kiss him on the mouth.   Sandusky graduates to performing oral sex on the boy.  Victim 1 knows it is wrong, and tries to avoid the lion. 

The lion hangs around the young wildebeest’s high school, becomes a volunteer assistant football coach, and routinely calls the student out of class to meet with him.  In the spring of 2008, when Victim 1 is a freshman in high school, he tells his mother, who reports it to the school.  The lion is barred from the school, who calls the authorities.  Someone finally acts like an adult. 

In the first part of 2009, then-Pennsylvania attorney general Tom Corbett, now governor, launches an investigation.  A grand jury is convened, and on Friday, November 4, 2011, the charges are mistakenly announced while Sandusky is on vacation in Ohio.  The attorney general’s office launches an investigation into its investigation. 

The next day, Jerry Sandusky is charged, and District Judge Leslie Dutchcot frees Sandusky on $100,000 unsecured bail, the legal equivalent of a “get out of jail free” card.  Dutchcot volunteers for The Second Mile. 

The PSU athletic director and the head of the campus police are charged with perjury by the grand jury. 

Joe Paterno retires, effective at the end of the season, so that the PSU Board of Trustees “should not spend a single minute discussing my status.  They have far more important matters to address. I want to make this as easy for them as I possibly can.”  Of his former second in command on the PSU football team, who coached with him for over thirty years, Paterno says “If this is true we were all fooled, along with scores of professionals trained in such things, and we grieve for the victims and their families.” 

There is no explanation of how Paterno can learn of his trusted aide undergoing police investigation for criminal sexual conduct after showering with young boys in 1998 in the football showers, engineer a premature retirement of that aide after another incident in Texas during the Alamo Bowl trip in 1999, remain blissfully ignorant of a janitor-reported sodomy of a young boy in 2000 by that aide in the football showers, and dismiss as “horseplay” or “fondling” or “something of a sexual nature” what was described to a grand jury and university superiors as forcible anal intercourse with a young boy in the football showers, and still maintain “we were all fooled.” 

He might be still be fooled, but I doubt it.  I can; however, assure him that I am not, by either Sandusky or Paterno. 

The PSU Board of Trustees fires Paterno hours after he “retires”.  More adults getting in the way of grown men supervising games they insist build character.  From any objective vantage point, those who supervise the games at PSU not only compromise their own character, they corrupt the character of those around them. 

Jerry Sandusky speaks to the nation.  He says he is innocent.  His lawyer, Joe Amendola, says he is innocent.  I am not fooled.

Penn State University finally bans Jerry Sandusky from the campus, and access to the football showers, on November 6, 2011, the day after he is formally charged. 

Attorney Joe Amendola, age 48, represents 16-year-old Mary Iavasile in her emancipation petition in Centre County on Sept. 3, 1996.  Amendola impregnates her.  The teen gives birth 9 months later.

I won't grow up,
I don't want to wear a tie.
And a serious expression
In the middle of July.
And if it means I must prepare
To shoulder burdens with a worried air,…
'Cause growing up is awfuller
Than all the awful things that ever were.
I'll never grow up, never grow up, never grow up,
No sir.  (Peter Pan, 1953) 

Marty Blair

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