@SkiSkiSki
You're now making a more nuanced argument after being refuted, but several of your conclusions still aren't what “the record shows.” They are your opinions for what the record shows.
1. The federal investigation
Three JoeBot writers, Ciprano, Bagwell and Snedden have stated there was no wrongdoing found at TSM. You may believe what you wish however, The point was that you originally conflated Snedden's Spanier background investigation with the separate federal investigation of TSM.
Now you acknowledge the separate FBI/USAO investigation existed. Good.
But you've simply replaced one unsupported assertion with another: that it produced no charges because there was “a lack of federal jurisdiction” and that Pennsylvania didn't prosecute TSM because its dissolution made prosecution “moot.”
What is your source for either prosecutorial decision?
The approximately 1,000 pages Bagwell obtained came from a separate, closed federal investigation involving The Second Mile. Snedden (a JoeBot writer) reviewed those records and concluded: “There was an investigation and there was nothing to pursue, and no charges were filed.”
That isn't a judicial exoneration of TSM. But neither is your explanation—that investigators found misconduct but lacked jurisdiction—a finding contained in those records. If you have a DOJ statement saying that, produce it.
Likewise, show me the OAG statement saying it would have prosecuted TSM but dissolution rendered prosecution moot. Otherwise you're assigning motives to prosecutors that they themselves did not state.
2. Raykovitz
This is where your legal argument becomes particularly shaky.
Raykovitz testified under oath that Curley told him the matter
“had been investigated and nothing inappropriate was found.” He also testified that Curley did not tell him Sandusky and the boy were naked, did not tell him about skin-to-skin contact, did not tell him about rhythmic slapping sounds and described the boy as a teenager.
And your statement that merely hearing that an adult had showered with a boy automatically triggered Raykovitz's statutory reporting obligation needs considerably more legal analysis than you're giving it.
The 2001 Pennsylvania statute required reasonable suspicion that
“a child coming before them in their professional or official capacity” was an abused child. Pennsylvania courts construed that language much more narrowly than the modern reporting law.
The obvious question therefore is:
Did the unidentified child ever “come before” Raykovitz in his professional or official capacity?
According to Raykovitz, he didn't even know whether the child was a Second Mile participant.
Maybe there is a persuasive argument that Raykovitz nevertheless should have reported what he heard. Morally, I certainly think he should have asked far more questions. But saying the 2001 statute unquestionably required him to report an unidentified child whom he had never met is not established merely by calling him a mandated reporter. On the other hand Curley knew far more than what he told Raykovitz. He withheld it and went to jail for his trouble.
And telling Sandusky to wear shorts proves Raykovitz thought showering naked with boys was inappropriate. It doesn't prove he knew sexual abuse had occurred—particularly if his testimony that Curley told him an investigation found “nothing inappropriate” is true.
3. Paterno and 1998
The emails prove Paterno knew the details of the 1998 allegation. Otherwise he wouldn't have been "anxious" and wanting an update.
But you've moved the goalposts.
The original proposition was that Paterno essentially knew nothing about 1998. The contemporaneous record disproves that. Curley wrote:
“I have touched base with coach. Keep us posted.”
Then:
“Coach is anxious to hear where it stands.”
And Curley subsequently testified that “Coach” meant Paterno.
So the reasonable conclusion is limited but important:
Paterno knew there was an investigation involving Sandusky and wanted to know its disposition.
That's considerably different from saying either “Paterno knew nothing about 1998”.
4. Corman and the NCAA
Again, you're converting chronology into causation.
Your sentence—
“The NCAA surrendered and restored Paterno's wins because their internal coordination with Freeh's team collapsed under judicial scrutiny.”
—is
your inference, not something established by a judicial finding.
In fact, the settlement itself said Penn State acknowledged the NCAA's
“legitimate and good faith interest and concern regarding the Jerry Sandusky matter.” The NCAA publicly said it settled in part because continued litigation would delay distribution of the $60 million.
There is a difference between saying:
“Damaging discovery preceded a settlement in which the NCAA abandoned major sanctions”
and:
“The discovery proved the process was a sham, therefore the NCAA was forced to surrender.”
The first is fact. The second is an interpretation of why a litigant settled.
Ironically, you're accusing me of relying on “semantic technicalities” while insisting that your preferred interpretation of a settlement be treated as though it were a court's merits judgment.
It wasn't.
5. Poole and the business relationships
Again you're rebutting something I haven't claimed.
I haven't said investing with Bob Poole gave Paterno “corporate governance” over TSM or access to personnel files.
It obviously didn't.
The relationships establish relationships. Nothing more.
They don't prove Poole told Paterno anything about Sandusky. They also don't prove that he didn't. It does show the incestuous relationships between TSM Board Members like Paterno.
So we can dispense with this one.
6. The releases
You're again confusing being a party to a settlement with being a released third party.
A person does
not have to be a party to a settlement to receive the benefit of a release negotiated between other parties. The operative question is the language defining the released parties.
So saying “the Paterno estate wasn't a party” doesn't answer whether a particular claimant released claims against Paterno, former PSU employees, TSM personnel or anybody else included within the agreement's definition.
And then you make another unsupported leap:
TSM was released to protect wealthy board members from depositions about what they knew.
No, TSM was released because if the victims had sued TSM directly their (TSM's) insurance company would have sued PSU and the Paterno's because they had knowledge of and failed to stop Sandusky's predations. Further, as my link showed the FEDs DID interview board members of TSM and found nothing.
I can certainly understand your reluctance to carry on this debate as you've found I know my stuff and are beating you badly.
I accept your surrender. For the record, it was you that started the insulting with
"Get your facts straight before you bring your bull$h!t "truth" around here."
I just give as good as I get as you found out. Folks like me come on here to shine light in an otherwise JoeBot stronghold. You can never say you weren't given the truth.