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1 National Institute for the Study, Prevention and Treatment National Institute for the Study, Prevention and Treatment of Sexual Trauma 104 E. Biddle Street Baltimore, MD 21202 (410) 539-1661 [email protected] February 6, 2013 J. Sedwick Sollers, III Attorney at Law King and Spalding, LLP 1700 Pennsylvania Avenue, NW Suite 200 Washington, DC 20006-4707 RE: Joseph Paterno Dear Mr. Sollers: As an expert on Pedophilia, I am writing in response to a request for my professional opinions about the document titled “Report of the Special Investigative Counsel Regarding the Actions of the Pennsylvania State University Related to the Child Sexual Abuse Committed by Gerald A. Sandusky.” That document, which had been produced by Freeh, Sporkin, and Sullivan, LLP, is dated July 12, 2012, and it has sometimes been referred to as the “Freeh Report.” I was asked to focus on inferences that have been made about Joseph Paterno in that report, and to additionally focus on his response to the information he received about Gerald A. Sandusky. I have been asked to do so in light of my extensive experience in assessing and treating pedophilia, and in researching and addressing child sexual abuse, and related issues. My professional background also includes training in the behavioral sciences, and in the assessment of mental and motivational states. To that end, I have testified in Federal Court on more than one occasion as an expert psychiatric witness; providing information to jurors to assist them in determining the motivational state (i.e., the mental intent) of accused defendants. Because the “Freeh Report” has made certain inferences about Joseph Paterno’s alleged mental motivations, I will comment briefly about that aspect of the report as well. Because there are a variety of criminal charges pending against certain former Pennsylvania State University personnel, I will avoid commenting in detail about those individuals at this time. I will also limit any comments that I may make regarding Gerald Sandusky, as his criminal case may yet be the subject of further appeal. 1 Summary of Dr. Berlin’s Conclusions: The “Freeh Report” alleges that there had been a “total and consistent disregard by the most senior leaders at Penn State for the safety and welfare of Sandusky’s child victims.” It further alleges that “in order to avoid the consequences of bad publicity, the most powerful leaders at the University – Spanier, Schultz, Paterno, and Curley – repeatedly concealed critical facts relating to Sandusky’s child abuse…” As an acknowledged expert on pedophilia (and as a mental health professional with training and expertise in the behavioral sciences, and in assessing mental and motivational states), having carefully reviewed the “Freeh Report,” I have reached the following conclusions: 1. Like many others in the community, Joe Paterno may not have appreciated that Gerald Sandusky likely had pedophilia; along with the inherent risks that that condition can pose. Numerous public examples exist documenting just how difficult it can be for friends, colleagues, relatives, and close acquaintances to identify a person with pedophilia, and to appreciate the risk such an individual can pose to children. In my professional opinion, Joe Paterno was likely one of hundreds, if not thousands, of such people who were so deceived. That said, I have seen no credible evidence in the “Freeh Report” supporting the conclusion that Joe Paterno had acted in bad faith regarding the Sandusky situation. Nor have I seen any evidence that Joe Paterno was a man who lacked a genuine concern for the well-being of others – particularly children. Remarkably, the “Freeh Report” shows virtually a complete disregard for Joe Paterno’s strengths of character, repeatedly demonstrated moral values, and life-long pattern of responsible conduct and leadership; while instead relying heavily upon unsubstantiated inferences and innuendo. 2. Of particular significance in the “Freeh Report” is what it did not find, especially in view of the fact that its authors had had access to such a large volume of information. For example, given the very serious nature of the contained allegations, remarkably the “Freeh Report” presented no credible evidence whatsoever substantiating the claim that Joe Paterno had been involved in an effort to repeatedly conceal critical facts relating to Mr. Sandusky’s child sexual abuse. In 1998, Joe Paterno may have known that Mr. Sandusky had been investigated regarding some type of alleged improper behavior with a child, and that no basis had been found for criminal prosecution. In 2001, after having been informed in vague and general terms by a graduate assistant about possible improper sexual behavior by Mr. Sandusky, Joe Paterno had immediately and responsibly passed that information along to his superiors. In essence, that is what Joe Paterno may have known, or did know – and that is what he had done about it. It is entirely unclear to me how that translates into a “total and consistent disregard” for the “safety and welfare of Sandusky’s child victims,” or into repeatedly concealing critical facts relating to Mr. Sandusky’s child sexual abuse. 3. The “Freeh Report” infers that Joe Paterno had had control over his superiors when it came to important decisions; presumably, including decisions about how to handle information regarding Mr. Sandusky’s alleged sexual abuse. Remarkably, the “Freeh Report” presented no credible evidence whatsoever (only unsubstantiated innuendos) to support such a serious contention. It also presented no credible evidence whatsoever to support the notion that Joe Paterno had wanted, or had somehow encouraged, his superiors to refrain from reporting Mr. Sandusky’s alleged sexual acts to the Department of Public Welfare, or to refrain from reporting it to anyone 2 else. Once again, in the absence of any such evidence, it is entirely unclear to me how the “Freeh Report” could have implied that Joe Paterno had somehow been involved in an effort to repeatedly conceal critical facts relating to Mr. Sandusky’s child sexual abuse. 4. Given the very serious nature of the contained allegations, remarkably the “Freeh Report” presented no credible evidence whatsoever to support the suggestion that with respect to Mr. Sandusky, Joe Paterno had been motivated to try to avoid bad publicity. 5. Remarkably, based upon the unsubstantiated inferences contained in the “Freeh Report,” numerous very severe sanctions had quickly been imposed. Those had included (1) the removal of the now ex-head football coach Joseph Paterno’s honorary statue from a previous place of prominence, (2) the withdrawal of Mr. Paterno’s name from consideration for the receipt of a number of potential honors, (3) the removal of his name from some previously bestowed honors, and (4) the vacating of more than 100 victories previously earned by the Penn State football team – thereby denying Joe Paterno the praiseworthy achievement of having been the winningest coach in major college football history. In my professional opinion, the unsubstantiated inferences of the “Freeh Report” cannot, and should not, have been used to justify such sanctions. 6. Finally, wanting to be fair to Joe Paterno is not incompatible with having a genuine concern about the serious matter of child sexual abuse. Dr. Berlin’s Professional Background: I am an Associate Professor of Psychiatry and Behavioral Sciences at The Johns Hopkins University School of Medicine. I am also an Attending Physician at The Johns Hopkins Hospital. I have earned a Ph.D. degree in Psychology, as well as an M.D. degree, and I am Board Certified as a Psychiatrist by the American Board of Psychiatry and Neurology. One of my areas of expertise within the field of psychiatry is related to the various Sexual Disorders; including Pedophilia. I served as a member of the Subcommittee on the Paraphilias (in layman’s terms, the Sexual Disorders) for the third revision of the Diagnostic and Statistical Manual of Mental Disorders (the DSM). I have been an invited participant at a White House conference on Child Sexual Abuse; invited to address various Subcommittees of the United States Senate regarding that same matter; and invited to address Colleges of Judges in several states. I had also been asked to serve as a member of the Ad Hoc Committee on Sexual Abuse of the National Conference of Catholic Bishops, and to serve as a member of The Cardinal’s Commission for the Protection of Children. I have published extensively in a variety of professional journals (including The Journal of the American Medical Association, The American Journal of Psychiatry, and The American Journal of Forensic Psychiatry), and I have provided peer reviews for many of those same entities. My published papers have spanned a number of topics including pedophilia, changes in brain chemistry during sexual arousal, and the mandatory reporting of suspected child sexual abuse. I have participated in a number of symposia sponsored by the Federal Bureau of Investigation, and by the United States Department of Justice. One of the Sexual Disorders Treatment Programs that I direct has been designated as 3 a “National Resource Site” by the Justice Department. I have enclosed a more complete copy of my professional vitae along with this letter. The “Freeh Report;” Its Inferences Regarding Joseph Paterno, His Motivations, and His Actions: The authors of the “Freeh Report” gathered and reviewed a tremendous volume of both detailed, and sometimes sketchy, information. Some of that information had been dependent upon the memories of various individuals about events that may, or may not, have taken place more than a decade ago, and some of that information was of a hearsay nature. Having examined and analyzed that information, the authors of the “Freeh Report” had then presented their theories, and conclusions, about what had occurred. Shortly after their findings had been released on July 12, 2012, a number of very severe sanctions were quickly imposed.
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