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    Freeh Report

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    260 page full report:
    http://thefreehreportonpsu.com/




    FOR IMMEDIATE RELEASE
    REMARKS OF LOUIS FREEH IN CONJUNCTION WITH ANNOUNCEMENT OF
    PUBLICATION OF REPORT REGARDING THE PENNSYLVANIA STATE
    UNIVERSITY
    Philadelphia, PA, July 12, 2012 ? Louis Freeh today issued prepared remarks in
    conjunction with today's publication of his report of the investigation into the facts and
    circumstances of the actions of The Pennsylvania State University surrounding the child
    abuse committed by a former employee, Gerald A. Sandusky. Mr. Freeh will summarize
    these remarks during his press conference at 10 a.m. today.
    Mr. Freeh and his law firm, Freeh Sporkin & Sullivan, LLP, were retained in November
    2011 on behalf of the Special Investigations Task Force of the Board of Trustees of The
    Pennsylvania State University to conduct the independent investigation.
    The full text of the remarks follows:
    I. Introduction
    Good Morning.
    We are here today because a terrible tragedy was allowed to occur over many
    years at Penn State University, one in which many children were repeatedly victimized
    and gravely harmed. Our hearts and prayers are with the many children ? now young
    men ? who were the victims of a now convicted serial pedophile.
    I want to remind everyone here, and those watching this press conference, of the
    need to report child sexual abuse to the authorities. In Pennsylvania you can report
    child sexual abuse to the Department of Public Welfare's ChildLine. That number ?
    which is on the screen before you ? is (800) 932-0313. It is our hope that this report and
    subsequent actions by Penn State will help to bring every victim some relief and
    support.
    Penn State University is an outstanding educational institution, which is rightly
    proud of its students, alumni, faculty and staff, who, in turn, hold the institution in very
    high esteem. We understand and respect their support and loyalty, and the spirit of
    community surrounding the University, which we witnessed first-hand during our seven
    and one half months of work on the Penn State campus. We also fully appreciate the
    strong emotions which surround these tragic matters and our work.
    All of us here today understand that it is the duty of adults to protect children and
    to immediately report any suspected child sexual abuse to law enforcement authorities.
    Our team was reminded of this on a daily basis because Henderson South, our base at
    Penn State, was the former Child Care Center at State College, with some of the
    children's art work still in the space.
    2
    On November 21, 2011, the Special Investigations Task Force established by the
    Board of Trustees of The Pennsylvania State University retained my firm, Freeh Sporkin
    & Sullivan, to conduct a full, fair and completely independent investigation into the facts
    and circumstances raised by the Grand Jury report and the criminal charges against
    former Assistant Coach Gerald Sandusky.
    I commend Ken Frazier, Chairman of the Task Force, and Ron Tomalis, Vice
    Chairman of the Task Force, and their colleagues for the steps they took to ensure the
    independence and thoroughness of our investigation. We would also like to
    acknowledge, in particular, the three Task Force members who are not members of the
    Board of Trustees ? a faculty member, a student and a distinguished alumnus.
    To conduct this independent investigation, we assembled an outstanding team of
    former law enforcement, lawyers (one of whom is a former Navy SEAL) and officials,
    including former prosecutors, FBI Agents and Pennsylvania and Delaware State Police
    Officers, with many decades of experience conducting sensitive investigations. I am
    pleased to be joined this morning by some members of our team.
    Working exceptionally hard in a very short amount of time for an investigation of
    this magnitude, my team conducted over 430 interviews of various individuals that
    included current and former University employees from various departments across the
    University, as well as current and past Trustees, former coaches, athletes and others in
    the community. We also analyzed over 3.5 million emails and other documents. The
    evidence found by our investigators included critical, contemporaneous correspondence
    from the times of these events. Our investigative team made independent discovery of
    critical 1998 and 2001 emails ? the most important evidence in this investigation. We
    also confirmed, through our separate forensic review, that the correct year of the
    Sandusky sexual assault witnessed by Michael McQueary was 2001, and not 2002 as
    set forth in the original Grand Jury presentment.
    In performing this work, we adhered faithfully to our original mandate: to
    investigate this matter fully, fairly, and completely, without fear or favor. We have
    shown no favoritism toward any of the parties, including the Board of Trustees itself, our
    client. I can tell you that at all times we felt that our demand for total independence ?
    the primary condition of our engagement ? was respected.
    We took the unusual step of not providing any draft of the report to the Board of
    Trustees or to the Task Force prior to its posting this morning. They are seeing it at the
    same time and in the same manner as everyone else, namely by accessing the
    independent website we established for this purpose,
    www.TheFreehReportonPSU.com. To be absolutely clear, this public release is the first
    time anyone outside of our investigative team has seen this report.
    In our investigation, we sought to clarify what occurred, including who knew what
    and when events happened, and to examine the University's policies, procedures,
    compliance and internal controls relating to identifying and reporting sexual abuse of
    children. Specifically, we worked to identify any failures or gaps in the University's
    3
    control environment, compliance programs and culture which may have enabled these
    crimes against children to occur on the Penn State campus, and go undetected and
    unreported for at least these past 14 years. As you will read in our report, Penn State
    failed to implement the provisions of the Clery Act, a 1990 federal law that requires the
    collecting and reporting of the crimes such as Sandusky committed on campus in 2001.
    Indeed, on the day Sandusky was arrested, Penn State's Clery Act implementation plan
    was still in draft form. Mr. Spanier said that he and the Board never even had a
    discussion about the Clery Act until November 2011.
    While independent, our work was done in parallel with several other active
    investigations by agencies and governmental authorities, including the Pennsylvania
    Attorney General, Pennsylvania State Police, United States Attorney, Federal Bureau of
    Investigation, and U.S. Department of Education. We continuously interfaced and
    cooperated with those agencies and authorities. We also received assistance from the
    National Center for Missing & Exploited Children (NCMEC). As promised, we
    immediately turned over any relevant evidence we found to these authorities, such as
    the critical February 27, 2001 emails between Messrs. Spanier, Schultz and Curley.
    The complete emails are now available on our website.
    Unfortunately, portions of these emails have been leaked to the media. We
    strongly condemn and deplore those leaks. Let me assure you that none of these leaks
    came from the Special Investigative Counsel team. As you will see by reading our
    report this morning, not one conclusion, phrase, or any content of our report has been
    published or quoted prior to today.
    Last month Sandusky was found guilty after trial on 45 of 48 counts. He awaits
    sentencing. We were exceedingly careful not to do anything that would have impeded
    that investigation and trial. Criminal proceedings are still pending against Mr. Schultz
    and Mr. Curley. We respect the criminal justice process and their rights to a fair trial.
    Some individuals declined to be interviewed. For example, on the advice of
    counsel, both Mr. Curley and Mr. Schultz declined to be interviewed. Also, the
    Pennsylvania Attorney General requested that we not interview certain potential
    witnesses. We honored those requests. Mr. Paterno passed away before we had the
    opportunity to speak with him, although we did speak with some of his representatives.
    We believe that he was willing to speak with us and would have done so, but for his
    serious, deteriorating health. We were able to review and evaluate his grand jury
    testimony, his public statements, and notes and papers from his files that were provided
    to us by his attorney.
    4
    II. Findings
    Our most saddening and sobering finding is the total disregard for the safety and
    welfare of Sandusky's child victims by the most senior leaders at Penn State. The most
    powerful men at Penn State failed to take any steps for 14 years to protect the children
    who Sandusky victimized. Messrs. Spanier, Schultz, Paterno and Curley never
    demonstrated, through actions or words, any concern for the safety and well-being of
    Sandusky's victims until after Sandusky's arrest.
    In critical written correspondence that we uncovered on March 20th of this year,
    we see evidence of their proposed plan of action in February 2001 that included
    reporting allegations about Sandusky to the authorities. After Mr. Curley consulted with
    Mr. Paterno, however, they changed the plan and decided not to make a report to the
    authorities. Their failure to protect the February 9, 2001 child victim, or make attempts
    to identify him, created a dangerous situation for other unknown, unsuspecting young
    boys who were lured to the Penn State campus and football games by Sandusky and
    victimized repeatedly by him.
    Further, they exposed this child to additional harm by alerting Sandusky, who
    was the only one who knew the child's identity, about what McQueary saw in the
    shower on the night of February 9, 2001.
    The stated reasons by Messrs. Spanier, Schultz, Paterno and Curley for not
    taking action to identify the victim and for not reporting Sandusky to the police or Child
    Welfare are:
    (1) Through counsel, Messrs. Curley and Schultz have stated that the "humane"
    thing to do in 2001 was to carefully and responsibly assess the best way to handle
    vague but troubling allegations.
    (2) Mr. Paterno said that "I didn't know exactly how to handle it and I was afraid
    to do something that might jeopardize what the university procedure was. So I backed
    away and turned it over to some other people, people I thought would have a little more
    expertise than I did. It didn't work out that way."
    (3) Mr. Spanier told the Special Investigative Counsel that he was never told by
    anyone that the February 2001 incident in the shower involved the sexual abuse of a
    child but only "horsing around." He further stated that he never asked what "horsing
    around" by Sandusky entailed.
    Taking into account the available witness statements and evidence, it is more
    reasonable to conclude that, in order to avoid the consequences of bad publicity, the
    most powerful leaders at Penn State University ? Messrs. Spanier, Schultz, Paterno and
    Curley ? repeatedly concealed critical facts relating to Sandusky's child abuse from the
    authorities, the Board of Trustees, Penn State community, and the public at large.
    Although concern to treat the child abuser humanely was expressly stated, no such
    sentiments were ever expressed by them for Sandusky's victims.
    5
    The evidence shows that these four men also knew about a 1998 criminal
    investigation of Sandusky relating to suspected sexual misconduct with a young boy in
    a Penn State football locker room shower. Again, they showed no concern about that
    victim. The evidence shows that Mr. Paterno was made aware of the 1998 investigation
    of Sandusky, followed it closely, but failed to take any action, even though Sandusky
    had been a key member of his coaching staff for almost 30 years, and had an office just
    steps away from Mr. Paterno's. At the very least, Mr. Paterno could have alerted the
    entire football staff, in order to prevent Sandusky from bringing another child into the
    Lasch Building. Messrs. Spanier, Schultz, Paterno and Curley also failed to alert the
    Board of Trustees about the 1998 investigation or take any further action against Mr.
    Sandusky. None of them even spoke to Sandusky about his conduct. In short, nothing
    was done and Sandusky was allowed to continue with impunity.
    Based on the evidence, the only known, intervening factor between the decision
    made on February 25, 2001 by Messrs. Spanier, Curley and Schulz to report the
    incident to the Department of Public Welfare, and then agreeing not to do so on
    February 27th, was Mr. Paterno's February 26th conversation with Mr. Curley.
    We never had the opportunity to talk with Mr. Paterno, but he did say what he
    told McQueary on February 10, 2011 when McQueary reported what he saw Sandusky
    doing in the shower the night before: "You did what you had to do. It is my job now to
    figure out what we want to do." Why would anyone have to figure out what had to be
    done in these circumstances? We also know that he delayed reporting Sandusky's
    sexual conduct because Mr. Paterno did not "want to interfere" with people's weekend.
    To his credit, Mr. Paterno stated on November 9, 2011, "With the benefit of hindsight, I
    wish I had done more."
    Their callous and shocking disregard for child victims was underscored by the
    Grand Jury, which noted in its November 4, 2011 presentment that there was no
    "attempt to investigate, to identify Victim 2 or to protect that child or others from similar
    conduct, except as related to preventing its reoccurrence on University property."
    None of these four men took any responsible action after February 2001 other
    than Mr. Curley informing the Second Mile that Mr. Sandusky had showered with a boy.
    Even though they all knew about the 1998 incident, the best they could muster to
    protect Sandusky's victims was to ask Sandusky not to bring his "guests" into the Penn
    State facilities.
    Although we found no evidence that the Penn State Board of Trustees was
    aware of the allegations regarding Sandusky in 1998 and 2001, that does not shield the
    Board from criticism. In this matter, the Board ? despite its duties of care and oversight
    of the University and its Officers ? failed to create an environment which held the
    University's most senior leaders accountable to it. Mr. Spanier resisted the Board's
    attempt to have more transparency. In fact, around the time that Mr. Sandusky, Mr.
    Curley and Mr. Schultz were arrested, Mr. Spanier was unwilling to give the Board any
    more information about what was going on than what he was providing to the public.
    6
    After a media report on March 31, 2011, the Board was put on notice about
    serious allegations that Sandusky was sexually assaulting children on the Penn State
    campus. The Board failed in its duty to make reasonable inquiry into these serious
    matters and to demand action by the President.
    The President, a Senior Vice President, and General Counsel did not perform
    their duty to make timely, thorough and forthright reports of these 1998 and 2001
    allegations to the Board. This was a failure of governance for which the Board must also
    bear responsibility.
    We also found that:
    ? The Board did not have regular reporting procedures or committee structures
    to ensure disclosure of major risks to the University;
    ? Some Trustees felt their meetings were a "rubber stamp" process for Mr.
    Spanier's actions;
    ? The Board did not independently ask for more information or assess the
    underreporting by Spanier about the Sandusky investigation after May 2011
    and thereby failed to oversee properly his executive management of the worst
    crisis in Penn State's history;
    ? The Board was over-confident in Spanier's abilities to handle crises and was
    unprepared to deal with:
    o the filing of criminal charges against senior University leaders and a
    prominent former football coach in November, 2011; and,
    o the firing of Coach Paterno.
    From 1998?2011, Penn State's "Tone at the Top" for transparency, compliance,
    police reporting and child protection was completely wrong, as shown by the inaction
    and concealment on the part of its most senior leaders, and followed by those at the
    bottom of the University's pyramid of power. This is best reflected by the janitors'
    decision not to report Sandusky's horrific 2000 sexual assault of a young boy in the
    Lasch Building shower. The janitors were afraid of being fired for reporting a powerful
    football coach.
    III. Recommendations
    The other important part of our charge was to make recommendations to prevent
    such catastrophic failures to report from ever again occurring at Penn State. The Board
    of Trustees had requested recommendations as soon as possible, in order to improve
    policies and procedures regarding the protection of children on its campuses. Just this
    summer alone, over 20,000 non-student minors are participating in sports camps on the
    University Park campus. To ensure that these children would be better protected, we
    7
    gave the Board of Trustees 14 of our preliminary recommendations in January, almost
    all of which have now been implemented.
    Further, we suggested some longer term changes, including the creation of a
    comprehensive and stringent Compliance Program, including Board oversight through a
    Compliance Committee. That committee would have oversight responsibility for all
    regulatory obligations, including the Clery Act, and the Chief Compliance Officer would
    have a direct reporting line to the committee. The University has commenced a national
    search for a highly qualified Chief Compliance Officer and adopted two new policies for
    the protection of children: one provides for annual training on child abuse and
    mandatory reporting for all employees; the other revises and strengthens the
    University's background check process.
    In addition to our interim recommendations, we have added 119
    recommendations set forth in today's report. One of the most important of our
    recommendations is for Penn State itself to study, evaluate and make any needed
    additional changes. The goal should be to create a more open and compliant culture,
    which protects children and not adults who abuse them.
    IV. Conclusion
    With the presentation of this Report to the Special Investigations Task Force and
    the Board of Trustees, our work is largely completed. We will make ourselves available
    to the Task Force and Board to answer any questions they may have, but we will not
    have an ongoing role with the University. We will also make ourselves available to the
    students, faculty and staff of the University at the appropriate time at State College. We
    hope such an interaction might assist the Penn State community in moving forward.
    The release of our report today marks the beginning of a process for Penn State,
    and not the end. It is critical that Old Main, the Board and the Penn State community
    never forget these failures and commit themselves to strengthening an open, compliant
    and victim sensitive environment ? where everyone has the duty to "blow the whistle" on
    anyone who breaks this trust, no matter how powerful or prominent they may appear to
    be.
    ###
    Contacts:
    Thomas Davies/Jeremy Fielding/Stef Goodsell
    Kekst and Company
    212-521-4800
    TheFreehReportonPSU@kekst.com
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    Last edited by Hawksd; 07-12-2012 at 08:02 AM.

  2. #2

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    Re: Freeh Report

    Here we go.
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    Re: Freeh Report

    Pedo State, the NCAA is on line 1........
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    Re: Freeh Report

    Quote Originally Posted by Golfer View Post
    Here we go.
    Bud light
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    Everyone is just so tough behind a computer

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    I am now ThunderHawk, Inc. I am a Corporate SuperPerson(TM). I am immortal, my liability is limited, and I own the government. Just do what I say and nobody gets hurt.

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    I think Paterno told his higher ups and thought they would have taken action, or were investigating. When nothing came of it, he just assumed nothing needed to be done. Then when it happened again, yes, he should have told the authorities, and yes, he should have said something that weekend, but he still told people that next weekday.

    I am sure that he didn't tell the football staff when he first gained wind what of what was happening because he didn't want to tarnish someone's reputation until Penn state's investigation came through. Unfortunately, they were covering it up.

    Mr. Joe Paterno, I believe, had an inkling as to what was happening, but did not want to believe it or pursue it further because it was something that didn't seem right to the program, and frankly like a fictional story. He also probably lied to himself, saying there is an investigation taking place, (thus sweeping him into cover-up). His defense mechanisms got the best of him, and when it all came out, and he realized the truth, it literally made him ill, or worse off and killed him.

    This is my hypothesis, feel free to disagree
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    hoffahawk's Avatar
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    Quote Originally Posted by Golfer View Post
    Here we go.
    Nothing really new that everybody outside of Happy Valley didn't already know or believe was what happened.

    The sad part it isn't going to change most PSU fans mind even though it's clear Paterno had a hand in the cover up at the very least, and more than likely was the guy calling the shots.
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    [ame=http://www.youtube.com/watch?v=xSLlZh9yelk]"And Here We Go" - Joker - YouTube[/ame]
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    This will not reflect well on Joe Pa's legacy ...

    Our most saddening and sobering finding is the total disregard for the safety and welfare of Sandusky's child victims by the most senior leaders at Penn State. The most powerful men at Penn State failed to take any steps for 14 years to protect the children who Sandusky victimized. Messrs. Spanier, Schultz, Paterno and Curley never demonstrated, through actions or words, any concern for the safety and well-being of Sandusky's victims until after Sandusky's arrest.

    In critical written correspondence that we uncovered on March 20th of this year, we see evidence of their proposed plan of action in February 2001 that included reporting allegations about Sandusky to the authorities. After Mr. Curley consulted with Mr. Paterno, however, they changed the plan and decided not to make a report to the authorities. Their failure to protect the February 9, 2001 child victim, or make attempts to identify him, created a dangerous situation for other unknown, unsuspecting young boys who were lured to the Penn State campus and football games by Sandusky andvictimized repeatedly by him.
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    Re: Freeh Report

    Quote Originally Posted by woodyk1 View Post
    This will not reflect well on Joe Pa's legacy ...

    Our most saddening and sobering finding is the total disregard for the safety and welfare of Sandusky's child victims by the most senior leaders at Penn State. The most powerful men at Penn State failed to take any steps for 14 years to protect the children who Sandusky victimized. Messrs. Spanier, Schultz, Paterno and Curley never demonstrated, through actions or words, any concern for the safety and well-being of Sandusky's victims until after Sandusky's arrest.

    In critical written correspondence that we uncovered on March 20th of this year, we see evidence of their proposed plan of action in February 2001 that included reporting allegations about Sandusky to the authorities. After Mr. Curley consulted with Mr. Paterno, however, they changed the plan and decided not to make a report to the authorities. Their failure to protect the February 9, 2001 child victim, or make attempts to identify him, created a dangerous situation for other unknown, unsuspecting young boys who were lured to the Penn State campus and football games by Sandusky andvictimized repeatedly by him.
    Oh, I think Pedo Joe's "Legacy" is set in stone now.

    As an attorney wtih over a decade in practice, I'm racking my brain to try to remember an investigative report more damning that this one. I am failing at that endeavor.
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    Re: Freeh Report

    Quote Originally Posted by Hawkeye27 View Post
    I think Paterno told his higher ups and thought they would have taken action, or were investigating. When nothing came of it, he just assumed nothing needed to be done. Then when it happened again, yes, he should have told the authorities, and yes, he should have said something that weekend, but he still told people that next weekday.

    I am sure that he didn't tell the football staff when he first gained wind what of what was happening because he didn't want to tarnish someone's reputation until Penn state's investigation came through. Unfortunately, they were covering it up.

    Mr. Joe Paterno, I believe, had an inkling as to what was happening, but did not want to believe it or pursue it further because it was something that didn't seem right to the program, and frankly like a fictional story. He also probably lied to himself, saying there is an investigation taking place, (thus sweeping him into cover-up). His defense mechanisms got the best of him, and when it all came out, and he realized the truth, it literally made him ill, or worse off and killed him.

    This is my hypothesis, feel free to disagree

    I will.

    Paterno had many times before stepped in front of investigations regarding players and said he would handle it himself in part to help cover things up, what makes you think he wouldn't do that for a life long friend? The email that said it was going to be reported but wasn't "after talking to Joe" should tell you all you need to know. He was the Godfather, regardless of title he was running the show at PSU.
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    BTW, those of you defending Penn State or comparing this crimes to other crimes that have occurred please read this report in detail. This crime was covered up for 14 years!!!
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    Re: Freeh Report

    Quote Originally Posted by ThunderHawk View Post
    Oh, I think Pedo Joe's "Legacy" is set in stone now.

    As an attorney wtih over a decade in practice, I'm racking my brain to try to remember an investigative report more damning that this one. I am failing at that endeavor.
    Louis Freeh brought the heat.
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    Quote Originally Posted by hoffahawk View Post
    I will.

    Paterno had many times before stepped in front of investigations regarding players and said he would handle it himself in part to help cover things up, what makes you think he wouldn't do that for a life long friend? The email that said it was going to be reported but wasn't "after talking to Joe" should tell you all you need to know. He was the Godfather, regardless of title he was running the show at PSU.
    I agree that he was trying to protect his friend and coworker, whom I am sure he thought could not have committed these atrocities. He did not want to release anything because he couldn't believe it. I again, believe he fell victim to his defense mechanisms and lying to himself that this didn't happen, and that PSU was conducting their investigation and hadn't turned anything up.

    It would be hard to believe a friend would do that, and I am sure most of us would stick up for our friends, but if he saw it first hand, I think it would have trumped his defense mechanisms, besides that, I don't think he believed it, or wanted to hurt someone's reputation on something he didn't believe.
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    Re: Freeh Report

    Or the PSU football program or school's for that matter. He was in the cover up, but I think he didn't really believe it could have happened.
    0 Not allowed! Not allowed!
    Everyone is just so tough behind a computer

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