Printed Tuesday, June 18, 2013


More turmoil faces Penn State in sex scandal

Criminal, civil lawsuits, further inquiries lie ahead

BY MICHAEL A. FUOCO,
BLOCK NEWS ALLIANCE

Jerry Sandusky leaves the courthouse after being convicted of 45 of 48 counts of child sexual abuse on Friday.
Jerry Sandusky leaves the courthouse after being convicted of 45 of 48 counts of child sexual abuse on Friday.
BELLEFONTE, Pa. — The trial for Jerry Sandusky ended Friday night. The tumult from his sexual abuse of children is far from over.

Sandusky, 68, spent his first weekend of what is likely to be a lifetime behind bars after the jury found him guilty of 45 of 48 counts of sexually abusing children. The former Penn State University assistant football coach, now a convicted pedophile, is to be sentenced within 90 days to spend what promises to be the rest of his life in prison.

His attorney said he will appeal, primarily on the grounds of insufficient time to prepare an adequate defense.

Yet many other chapters remain unwritten about the sex-abuse scandal that called into question whether top officials at a lauded university ignored victimization of children to protect a vaunted football program.

Civil suits loom. Criminal cases are pending. State and federal investigations continue. Additional charges are possible.

What follows is what lies ahead in a case many would prefer to put behind.

Future charges?

Even with his conviction and the possibility of being sentenced to hundreds of years of prison time, Sandusky still appears vulnerable to additional criminal charges.

On Thursday afternoon, after the jury began its deliberations, attorneys for Matt Sandusky, 33, one of Jerry Sandusky's adopted sons, issued a statement saying that he was prepared to testify as a witness for the prosecution.

"During the trial, Matt Sandusky contacted us and requested our advice and assistance in arranging a meeting with prosecutors to disclose for the first time in this case that he is a victim of Jerry Sandusky's abuse," attorneys Andrew Shubin and Justine Andronici said in the statement.

Child-abuse experts say it is possible Sandusky abused others, but state Attorney General Linda Kelly would not confirm whether additional victims had come forth.

"This is an ongoing investigation. We can't speculate on future charges. We are continuing to look into this," Ms. Kelly told the crowd in front of the Centre County Courthouse after the verdict Friday.

Spokesman Nils Frederiksen reiterated Saturday that the office could not comment on additional victims coming forward or the possibility that Sandusky would be charged with additional child sexual assault crimes "given the ongoing nature of our grand jury investigation."

Next for Penn State

Penn State is likely to face lawsuits brought by Sandusky's victims, and the university signaled Friday after the verdict it intends to settle as many cases as possible.

Former Penn State vice president Gary Schultz, left, and former athletic director Tim Curley, right.
Former Penn State vice president Gary Schultz, left, and former athletic director Tim Curley, right.
In a statement, President Rodney Erickson said Penn State "plans to invite victims of Mr. Sandusky's abuse to participate in a program to facilitate the resolution of claims against the university arising out of Mr. Sandusky's conduct."

The purpose, he added, is simple — to provide a forum where the university "can privately, expeditiously, and fairly address the victims' concerns and compensate them for claims" resulting from the scandal.

David La Torre, a Penn State spokesman, said Saturday the university would have no other comment.

A lawsuit has been filed in the civil division of Philadelphia County Common Pleas Court by Travis Weaver, who alleges that he was sexually assaulted more than 100 times by Sandusky from 1992 to 1996, starting at age 10.

One of the defendants in the case is Penn State. More lawsuits could be possible now that a verdict has been rendered.

During an interview with editors of the Pittsburgh Post-Gazette June 1, Mr. Erickson said it probably will be "more than a couple of years" before the university moves beyond the scandal.

At the same time, he said Penn State has taken a number of steps to repair the damage. They include donating $2.6 million to child abuse prevention efforts, new rules for supervising minors on its campuses, and employee training aimed at recognizing and reporting child abuse.

"The university is committed to ensuring that our campuses are safe for children and to being a constructive participant in building greater awareness of child sexual abuse and the practical steps that can be undertaken to prevent, report, and respond to such abuse," he said in Friday's statement.

Even as the university seeks to settle claims resulting from the scandal, the costs continue to mount. From November through March 31, it had spent nearly $10 million in legal fees, consultants, and public relations firms on Sandusky-related issues. Penn State has said the money to cover the costs would not come from tuition, taxpayers, or donors.

Pending perjury case

A trial lies ahead for two Penn State officials accused of taking insufficient action after hearing allegations against Sandusky, in addition to allegedly lying to a grand jury about it.

No trial date is set for Tim Curley, who is on leave from his position as athletic director, and Gary Schultz, who was the school's interim senior vice president for finance and business before retiring. After testifying before a grand jury in Harrisburg, they were each charged last year with perjury and failing to report a possible incident of child abuse.

The charges stem from their response in 2001 after hearing from Mike McQueary, then a graduate assistant on the Penn State football staff, about his seeing Sandusky and a boy in the shower in a Penn State locker room. Mr. McQueary testified at their preliminary hearing that he told Mr. Curley and Mr. Schultz he saw Sandusky sexually molesting the youth.

The defendants have maintained that the description they received from Mr. McQueary was less explicit and not as severe, justifying their decision not to take the matter to police.

The next court hearing in their case is scheduled July 11, with prosecutors due to provide discovery information to the defense team by Aug. 1, and the defense to file pre-trial motions by Sept. 17.

Former PSU president

Graham Spanier, who was forced to resign as Penn State president last year after the scandal erupted, has not been charged criminally in the case, but prosecutors have not ruled it out.

The most damaging information about Mr. Spanier is evidently contained in a set of emails exchanged among himself, Mr. Curley, and Mr. Schultz in the wake of Mr. McQueary's report.

The emails have been turned over by Penn State's own investigative team to the state attorney general's office. NBC reported that the emails show the three administrators weighing how to respond to the incident, with Mr. Spanier and Mr. Schultz concluding it would be "humane" to Sandusky to avoid reporting Mr. McQueary's concerns to the local police. Instead, Mr. Spanier signed off on Mr. Schultz's plan to take away Sandusky's campus keys.

Mr. Spanier has sued his former university in an attempt to gain copies of the emails, which he says are needed to refresh his memory. Penn State has said it can't supply them, because of the attorney general's investigation, and has asked a judge to dismiss the lawsuit.

Second Mile charity

The charitable group that Mr. Sandusky founded in Central Pennsylvania — and used to find and groom young male victims — is in the process of phasing out its operations.

David Woodle, chief executive officer of Second Mile, told the Associated Press that about 200 children are enrolled in a summer camp that is to begin July 15 in State College. It is likely to be the last such program run by Second Mile, which has served thousands of troubled children.

Because of the difficulties it faced as a result of the Sandusky scandal, the nonprofit filed a court request in May to transfer the bulk of its operations to Arrow Child & Family Ministries Inc., an unrelated charity based in Houston and operating in multiple states.

Founded by Sandusky in 1977, Second Mile has served about 6,000 children annually in a variety of programs.

Advocacy for children

The Sandusky case likely brought more attention to the issue of child sexual abuse than anything since the Catholic Church's pedophilia scandal. In its tragic way, the Penn State-related scandal brought a reminder of potential for abuse that advocates for victims believe needs to be acknowledged publicly.

"It's got people paying attention," said Chris Newlin, executive director of the National Children's Advocacy Center. And a key lesson, he said, is, "Never trust anyone explicitly. More than 90 percent of all child sexual abuse is committed by someone well known to the child. No one is immune from that coming into the home."

He said Sandusky's actions are a reminder for parents to intermittently drop in on activities that may involve their child and a mentor, and to have a dialogue with their children about the boundaries of acceptable physical contact with any adult.

Mr. Newlin also hopes the case sparks harder thinking by all adults about reporting suspected incidents of abuse, rather than withholding them from authorities to protect the potential abuser, who may be someone with a high reputation in the community.

"We should all ask just one simple question: What would I do if it was my child?" he said. "If we boil it down to that, all of us have a level of clarity to do what's needed."

The Block news alliance consists of The Blade and the Pittsburgh Post-Gazette. Michael A. Fuoco is a reporter for the Post-Gazette. Post-Gazette reporters Gary Rotstein and Mark Belko contributed to this report.

Contact Michael A. Fuoco at: mfuoco@post-gazette.com or 412-263-1968.