Nov 2013 - Psu Bot - Final
Nov 2013 - Psu Bot - Final
Nov 2013 - Psu Bot - Final
notpsu.blogspot.com 1
Power
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The Surma Vendetta
John Surma - “Elected” to Board of Trustees as a Business and
Industry Member in July 2007.
John Surma - Pushed for Joe Paterno’s ouster from the minute
he joined the BOT in 2007 and eventually succeeded on 11-9-11.
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The Second Mile (TSM)
The Sandusky investigation began in November 2008. He was
previously suspected of child abuse in 1998 and 2001. Sandusky
founded TSM in 1977 as a local charity and grew to be a state-wide,
multi-region organization.
From 2001 forward, the charity routinely collected nearly $3M
In donations annually and provided foster family and counseling
support to local government agencies (DPW/OCYS).
TSM used Penn State to build its identity and “brand.” Prominent
alumni and PSU employees served on its board. Some of the board
members had business relationships and contracts with PSU.
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Corbett vs. Spanier
October 2010 – AG Corbett was infuriated by seeing Spanier socializing
with gubernatorial opponent Dan Onorato - remarked that he would
eventually fire Spanier. One day after Corbett won the election, an
anonymous email tip leads investigators to McQueary in late November.
In December, the PA OAG subpoenas records from PSU.
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Case Built
GJP Leak
Investigation Stalled by OAG
1998 Case Leak
McQueary Lead
Spanier
Spanier
Onorato
Subpoenaed
Sighting
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Grand Jury Leak Foiled Planned Coup
In late October 2011, Governor Corbett booked rooms at the
Nittany Lion Inn for November 10, 11, and 12. He planned to attend
the BOT meeting scheduled for November 11.
Source: ESPN
Baldwin and Spanier were notified that the grand jury presentment
would be released on November 12. Spanier planned to spend many
hours discussing PSU’s plan of action with the BOT.
Source: Freeh Report
In makeshift move, Corbett worked the phones with Surma during the days
leading up to the firings.
Source: New York Times
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November 9, 2011 Power Play
Graham Spanier,
X
President 11-9-11 X
Joe Paterno
PSU Diminish
Install weak Power
,
Football &
President(s)
Structure Athletics
BOT Co-Chairman,
John Surma
PSU BOT Executive Committee (Official Power Group)
Kenneth C. Frazier, Mark H. Dambly, Keith W. Eckel, Karen B. Peetz , James S. Broadhurst, Edward R.
Hintz , Ira M. Lubert, Keith Masser, Paul Silvis, Joel Myers, and Graham Spanier (non voting)
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"I understand that I am the first governor in 12 years to
attend a board meeting. I think it's important, as the
governor, as a member of the board of trustees at the
only land-grant college in the state, to show interest
and attend as much as possible.
That Saturday, the day of the Penn State-Nebraska football game, former player
Bob Capretto told ESPN he had a conversation with Corbett about the board’s
actions to fire Paterno.
“And the governor said, 'I told them to do it,' " Capretto said. "He was proud of it.”
notpsu.blogspot.com 9
Conclusions
• Personal grudges facilitated the firing of Paterno and Spanier
• Corbett/OAG and PSU BOT would attempt to spare The Second Mile from
damage
–-- no charges
–-- bad publicity focused on football program
• PSU BOT inner circle believed they would vest all power with Board
–-- install weak president (Erickson & predecessors)
–-- weaken football/athletics (NCAA Sanctions/Joyner)
• Corbett admitted his role in firing Paterno (then later denied it)
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Lies
No one knew anything
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Jerry Lauro, PA DPW investigator
• Brought into 1998 Sandusky investigation because of Sandusky’s status as
an agent of the county.
• Allegedly their “high profile case” investigator – but no such provision exists
in DPW policy or in the Public Welfare Code.
• Lauro Set up evaluation of Victim 6 over objections of UP Police & ADA Arnold
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Statement of The Second Mile
“All of us at The Second Mile are shaken by the
article appearing in the Harrisburg Patriot-News. While
The Second Mile is referenced in the Patriot-News
article, we have been advised that neither The
Second Mile nor our programs are the subject of
any investigation. Out of respect for all parties, we
cannot discuss, speculate, or comment further.”
The public believed Sandusky had officially retired from TSM in Fall 2010
•Sandusky Founder’s message excluded from 2009 & 2010 Annual Rpts.
•Sandusky resigned from TSM in Fall 2009 (Source: TSM Board members)
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Penn State
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“There were, I
would think nearly
all individuals at
the university, including me,
were not aware of any this
until we read it in the grand
jury presentment, so how
would we have known?”
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S # ORIG DATE TIME TO SUBJECT
"There was a lack Media 1 3/31/2011 8:00AM Sara Ganim, Patriot News
Jerry Sandusky, former Penn State football
staffer, subject of grand jury investigation
Jerry Sandusky report from Patriot-News deals in
of information being Media 2 3/31/2011 8:00AM David Newhouse, Patriot News facts
Message from The Second Mile on Jerry Sandusky
report
Media
4
5
4/1/2011
4/1/2011
12:00AM
2:48PM
Sara Ganim and Bob Flounders, Patriot News
when the rest of the Media 6 4/4/2011 4:30PM Jeff Franz, Patriot News
In light of Jerry Sandusky investigation, Second
Mile reassures people it works for children
Questions now surround Sandusky’s Penn State
Media
7
8
4/9/2011
4/12/2011 5:30AM
Neil Rudel, Altoona Mirror
Media 15 11/5/2011 12:40PM Graham Spanier Spanier Statement On Grand Jury Presentment
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BOT interview with New York Times, 1-18 -2012
“He should have told us a lot more,” Lubert said. “He should
have let us know much more of the background.”
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Baldwin’s Affidavit: May 12, 2011 BOT Briefing
Affidavit was written one day prior to Baldwin announcing her retirement
and two days before BOT’s interview with the NYT
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The Baldwin/Sandusky Timeline
• Spring 2009 – Sandusky investigation transferred to AG Corbett
– BOT began discussions to hire in-house counsel
• February 2010 -Hired as PSU General Counsel in January 2010
– Contract to run through June 30, 2012
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The Baldwin/Sandusky Timeline
• December 19, 2011 – “Urgent Call” e-mail (Frazier, Freeh, Tomalis,
Surma, Ammerman, Garban, McNeill)
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Excerpt from Media Report on Baldwin’s Retirement
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Number of PSU people who
had some knowledge of the
2008-11 Sandusky
Investigation on or before
May 12, 2011….
Approx.
75
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1. Ira Lubert – Early 2009 or May 2011 37. Robert N. Pangborn – May 2011 66. Ann Riley – May 2011
2. Paul Suhey – Spring 2009 or May 2011 38. Rodney A. Erickson – May 2011 67. Carl Shaffer – May 2011
3. Wendell Courtney – Jan 7, 2010 39. Blannie E. Bowen - May 2011 68. Paul Silvis – May 2011
4. Unspecified PSU Attorney – Jan 7, 2010 40. Paula Ammerman – May 2011 69. Linda Strumpf – May 2011
5. Al Horvath, VP-Bus/Fin – Jan 2010 41. R. DiEugenio – May 2011 70. Ron Tomalis – May 2011
6. Billie Willetts, OHR – Jan 2010 42. Madlyn L. Hanes – May 2011 71. Edward P. Junker -May 2011
7. Unspecified OHR employee(s) – Jan 2010 43. Harold L. Paz – May 2011 72. Lloyd Huck – May 2011
8. Cynthia Baldwin – February 2010 44. Rodney P. Kirsch – May 2011 73. Mimi Coppersmith – May 2011
9. Graham Spanier – Sept 2010 45. Thomas G. Poole – May 2011 74. Charles Brosius - May 2011
10. Bill Mahon, PR – Sept 2010 46. C. Mulroy Degenhart – May 2011 75. Robert Metzgar – May 2011\
11. Lisa Powers, PR – Sept 2010 47. Damon Sims – May 2011 76. Barry Robinson, - May 2011
12. Cindy Hall, PR – Sept 2010 48. D. Weidemann – May 2011 77. L.J. Rowell - May 2011
13. Steven Shelow, Police – Sept 2010 49. John Surma – May 2011
14. Tom Harmon (ret) – Sept 2010 50. Marianne Alexander, May 2011
15. Mike McQueary – Oct 2010 51. Jesse Arnelle – May 2011
16. Gary Schultz (ret) – Jan 2011 52. James Broadhurst – May 2011
17. Tim Curley – Jan 2011 53. Al Clemens – May 2011
18. Joe Paterno – Jan 2011 54. Mark Dambly – May 2011
19-26. Unspecified Football Staff (8) – Feb 2011 55. Michael DiBarardinis – May 2011
27. Jeff Nelson, SID – Mar 28, 2011 56. Kenneth Frazier – May 2011
28. Dave Joyner, – Mar. 31, 2011 57. George Greig – May 2011
29. David Jones, – Mar. 31, 2011 58. Samuel Hayes – May 2011
30. John Corro, PSU IT - April 2011 59. Barron Hetherington – May 2011
31. Daniel Ehrlick, PSU IT – April 2011 60. Edward Hintz – May 2011
32. Steve Garban, – April 2011 61. Betsy Huber – May 2011
33. Jay Witherite, OPP – May 2011 62. Rodney Hughes – May 2011
34. Ronald Petrosky, OPP – May 2011 63. Keith Masser – May 2011
35. Unspecified OPP staff 64. Joel Myers – May 2011
36. Kirk Diehl – May 12, 2011 65. Karen Peetz
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Lies
The Firing of Joe Paterno
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John Surma: November 9, 2011
Reasons for Firing Paterno
• In consideration of all the facts and the difficulties that we are
encountering during this time, it was the trustees' view that it was in
the best interest, long-term interests of our university to make
that change.
• It's really premature for us to comment on, because we don't know what
the actual facts and circumstances were. As I said, we have read the
grand jury report, as I'm sure you all have. And beyond that, there's very
little information that's available beyond that and we have to await the
completion of multiple investigations.
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The BOT’s deliberations after the firing
• Jan 25, 2012: Paula Ammerman e-mailed Members of the BOT, subject:
“JVP Statement/attorney-client privileged” (2 e-mails)
• Feb 17, 2012: Paula Ammerman e-mailed Members of the BOT, subject:
“Attorney-client privileged” (8:28 AM)
“FW: Attorney-client privileged” (6:02PM)
(I) Narrative re Nov 9 decision; (2) possible op-ed for Centre
Daily Times or to be posted; (3) memo re: Paterno renaming
• Feb 25, 2012: Paula Ammerman e-mailed Members of the BOT, subject,
“CONFIDENTIAL – February 25th Final Version”
Report of Board of Trustees on November 9 Decisions and
Op Ed on Coach Paterno
• Feb 26, 2012: Paula Ammerman e-mailed Members of the BOT, subject,
CONFIDENTIAL – Revised Statements
RE: CONFIDENTIAL – Revised Statements
• Feb 28, 2012: Paula Ammerman e-mailed Members of the BOT, subject,
Briefing Call Scheduled for Today, February 28
notpsu.blogspot.com 26
March 12, 2012, Press Release on Firing
Coach Joe Paterno
Also on Nov. 9, the Board unanimously made the decision to remove Coach Paterno for the last
three games of the season. He had announced earlier that day that he would be retiring at the end of
the season.
Our most important reason – by far – for this difficult decision flowed from what we learned on Nov. 5,
for the first time, from a “presentment” (report) by a Pennsylvania Grand Jury about Coach Paterno’s
early 2011 sworn testimony.
The report stated that a Penn State graduate assistant had gone to Coach Paterno’s home on
Saturday morning, March 2, 2002. The report quoted Coach Paterno as testifying to the Grand Jury
that the graduate assistant told him that he had seen Jerry Sandusky, the coach's former assistant
coach up to 1999, "in the Lasch Building showers fondling or doing something of a sexual nature to a
young boy."
While Coach Paterno did his legal duty by reporting that information the next day, Sunday, March 3,
to his immediate superior, the then Penn State Athletic Director Tim Curley, the Board reasonably
inferred that he did not call police. We determined that his decision to do his minimum legal
duty and not to do more to follow up constituted a failure of leadership by Coach Paterno.
The Board spent hours on conference calls between Saturday, Nov. 5, and Tuesday, Nov. 8,
discussing appropriate action and our fiduciary responsibility as the Trustees. On Wednesday
evening, Nov. 9, we met in person in State College. At about 9 pm, we unanimously made the
difficult decision that Coach Paterno’s failure of leadership required his removal as football
coach.
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Flashback to John Surma: November 9, 2011
QUESTION: In the board's mind, should coach Paterno have
alerted to the police when he first learned of the sexual abuse
allegations in 2002?
SURMA: I don't know that I can characterize the board's
view on specific determinations like that. Our view is a more
-- larger view of what was necessary to move the university in
the right direction.
That Saturday, the day of the Penn State-Nebraska football game, former player
Bob Capretto told ESPN he had a conversation with Corbett about the board’s
actions to fire Paterno.
“And the governor said, 'I told them to do it,' " Capretto said. "He was proud of it.
I told him, 'You don't realize what you have created here. The damage to Penn
State is enormous.' "
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April 2012 e-mail reveals BOT
“openness and transparency”
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ESPN The Magazine
By Don Van Natta
Fight on State
In wake of scandal,
power struggle spread
from Penn State campus
to state capital
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PSU BOT…
• Lied about who knew about the investigation
-- “..not aware of any of this until we read it in the grand jury presentment.’ --Erickson, Jan 7, 1021
• Lied about when they found out about the Sandusky investigation.
-- “We found out about it when the rest of the world found out about it.” -- Dambly, Jan 18, 2012
• Lied about Paterno’s firing to the New York Times on January 18, 2012
-- “arrangement for return of University items…by November 23, 2011”
• Lied about their reasoning for firing Paterno in their March 12, 2012
statement.
-- “I don't know that I can characterize the board's view on specific determinations like that.” –
John Surma, Nov 9, 2011
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Deception
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The November 2011 Grand Jury Presentment
• Failures of Central Mountain High School to report abuse were
overlooked – HS officials were praised for their quick response.
Difficulty of investigation exaggerated.
Sole document used to support the decision to fire Paterno and Spanier
notpsu.blogspot.com 33
The Special Investigations Task Force “Ruse”
• Governor Corbett identified and
recommended Freeh for the PSU
investigation.
Real purpose: Cover-up for DPW, Second Mile; avoid an NCAA investigation
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The Ultimate Deception – A Fake Investigation
• Freeh lied about “making independent” discovery
of e-mail evidence in March 2012
-- Emails were in Schultz file
• Freeh lied about use of “skill and luck” to discover
Schultz’s secret file.
-- Baldwin obtained Schultz file in early 2011
BOT members Frazier and Peetz praised Freeh for his report.
notpsu.blogspot.com 35
E-mail evidence reveals that the SITF Never
Considered Reviewing the Freeh Report
Date Time Addressees Subject Text
7-12-12 12:32PM Fr: Surma To: Frazier, Freeh Report Ken, Ron
Tomalis Looks like a job well done, sad though it may be.
My compliments and gratitude to you and your
group. If you are able and it is okay, please give the
judge my thanks as well
7-12-12 2:19PM Fr: Tomalis To: Surma, Re:Freeh Report Thank you John, your leadership during the
Frazier roughest part of this journey got us to this day.
The report is being well received by the board,
including the new members..
7-14-12 11:38AM Fr: Peetz To: Frazier, Re: SITF Will do. Was thinking of an official "thank you"
Masser. CC: Tomalis letter to all Committee members that also informs
Guadagnino them that it is now disbanded. Will send you my
draft so that you can provide any input that you
would like to add.
I would also like to thank the two of you for all your
efforts and results for the Special Investigative
Committee. The report gives us a road map for our
future and a summary of lessons learned that will
be useful to many other colleges and universities.
With sincere gratitude, Karen
Source: Bagwell/Cluck RTK e-mails
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A Deception From Start to Finish
• The Sandusky investigation was skewed to focus on PSU.
• The Grand Jury Presentment (GJP) was a major part of the deception.
• The Freeh Report was full of holes, but initially praised publicly by the
PSU BOT.
notpsu.blogspot.com 37
Summary
• The Sandusky Scandal became the Penn State scandal
because:
notpsu.blogspot.com 38
Thank you!
My investigation continues.
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Spanier does the right thing….
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The BOT did not act in a competent manner
• There was ample time for the PSU administration and BOT to perform
a legal review, interview persons involved, check the facts of the case,
and decide appropriate actions.
NONE OF THOSE THINGS HAPPENED – According to Surma
• PSU’s legal team failed to review the child abuse reporting statute
referenced in the presentment.
– PSU could have made case that Curley and Schultz were not mandated reporters
– PSU could have made case that Curley went above and beyond legal requirements
• Did not decide the status of McQueary until he received death threats.
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The BOT’s Nov. 8, 2011 Ill-Advised Statement
The Board of Trustees of The Pennsylvania State University is outraged by the
horrifying details contained in the Grand Jury Report. As parents, alumni and
members of the Penn State Community, our hearts go out to all of those
impacted by these terrible events, especially the tragedies involving children
and their families.
We cannot begin to express the combination of sorrow and anger that we feel
about the allegations surrounding Jerry Sandusky. We hear those of you who
feel betrayed and we want to assure all of you that the Board will take swift,
decisive action.
At its regular meeting on Friday, November 11, 2011, the Board will appoint a
Special Committee…to undertake a full and complete investigation of the
circumstances that gave rise to the Grand Jury Report. This Special Committee
will be commissioned to determine what failures occurred, who is responsible
and what measures are necessary to insure that this never happens at our
University again and that those responsible are held fully accountable.
….We promise you that we are committed to restoring public trust in the
University
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