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Report to the Attorney General on the Investigation of Gerald A. Sandusky

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Report to the Attorney General on the Investigation of Gerald A. Sandusky REPORT TO THE ATTORNEY GENERAL ON THE INVESTIGATION OF GERALD A. SANDUSKY May 30, 2014 * H. Geoffrey Moulton, Jr. Special Deputy Attorney General * As amended, June 23, 2014. TABLE OF CONTENTS INTRODUCTION ................................................................................................................................ 1 Scope................................................................................................................................... 3 Methodology ...................................................................................................................... 4 Hindsight Bias and Learning from Experience.............................................................. 9 The Use of Names ............................................................................................................ 10 Releasing the Report to the Public .................................................................................11 Overview .......................................................................................................................... 12 PART ONE: THE SANDUSKY INVESTIGATION ................................................................................. 31 A. Phase One: A.F. Complaint (November 2008) through Referral to OAG (March 2009) ................................................................................................................................. 32 B. Phase Two: Receipt of Case by OAG (March 2009) through Draft Presentment (March 2010) ................................................................................................................... 40 C. Phase Three: Draft Presentment (March 2010) through McQueary Tip (November 2010) ............................................................................................................. 53 D. Phase Four: McQueary Tip (November 2010) through the Filing of Charges (November 2011) ............................................................................................................. 62 E. Selected Post-Charging Events ................................................................................ 88 PART TWO: ANALYSIS .................................................................................................................. 91 A. The Initial Report by Keystone Central School District ....................................... 91 B. The Actions of Clinton County Children and Youth Services and Law Enforcement before the Matter was Sent to the Office of Attorney General ............ 98 C. The Use of the Grand Jury ..................................................................................... 103 D. The Role of Electoral Politics ................................................................................. 107 E. Resources.................................................................................................................. 112 F. Should Sandusky Have Been Charged Earlier, Either Based on a Single Victim in 2009 or 2010, or Based on a Growing Number of Victims in 2011? .................... 115 G. Why Did the Sandusky Investigation Take as Long as it Did? .......................... 122 i PART THREE: RECOMMENDATIONS ..............................................................................................132 Recommendations Concerning the Investigation of Multi-Victim, Child-Sexual- Abuse Cases ....................................................................................................................132 Recommendations Concerning the Handling of Priority Cases by OAG .................136 Recommendation Concerning Transition Planning ...................................................137 Recommendations Concerning Education and Outreach ..........................................138 Recommendation Concerning Possible Legislative Changes .....................................139 PART FOUR: TIMELINE .................................................................................................................142 APPENDICES Appendix A: Letters Exchanged between Pennsylvania State Police Chief Counsel Scott R. Ford and Special Deputy Attorney General H. Geoffrey Moulton, Jr. in July and August 2013, and Letter from Pennsylvania State Police Lieutenant Colonel George L. Bivens to Moulton dated May 20, 2014. Appendix B: March 3, 2009, Letter from Centre County District Attorney Michael T. Madeira to Executive Deputy Attorney General Richard A. Sheetz and March 18, 2009, Letter from Sheetz to Madeira Appendix C: Notice of Submission of Investigation No. 29 and Order Accepting Submission Appendix D: September 3, 2009, Email from Anthony Sassano to Jonelle H. Eshbach and Scott Rossman Appendix E: January 11, 2010, Significant Event Memorandum Appendix F: Draft Presentment (March 15, 2010) Appendix G: Emails Concerning Draft Presentment (March 15, 2010 through August 18, 2010) Appendix H: Draft Presentment (June 7, 2010) Appendix I: November 3, 2010, Emails Concerning “Grand Jury Sentiment” Appendix J: November 3 and 4, 2010, Emails Concerning “a tip on the Sandusky Investigation” Appendix K: December 20 and 22, 2010, Emails Concerning Subpoenas to Penn State Officials ii Appendix L: March 31, 2011, Newspaper Article by Sara Ganim Appendix M: May 20 and 23, 2011, Emails Concerning “Task force meeting” Appendix N: June 3, 2011, Emails Concerning “reasons to arrest in July” Appendix O: Search Warrant for Sandusky Residence and Accompanying Documents Appendix P: Presentment No. 12 and Accompanying Documents Appendix Q: Presentment No. 13 and Accompanying Documents RESPONSES Jonelle Eshbach Governor Thomas Corbett William H. Ryan, Jr., Richard A. Sheetz, Jr., Randy P. Feathers, Frank G. Fina, Joseph E. McGettigan Colonel Frank Noonan Glenn A. Parno A.F., A.F.’s Mother, A.F.’s Psychologist Michael Angelelli Dr. John R. Raykovitz and Katherine Genovese iii INTRODUCTION On June 22, 2012, Gerald A. Sandusky was convicted of sexually abusing 10 pre-teen and teenaged boys. The Centre County jury, having heard the compelling testimony of eight courageous victims, as well as important evidence concerning two other victims, found Sandusky guilty of 45 of the 48 counts it had been asked to consider. On October 9, 2012, the trial court imposed an aggregate sentence of 30 to 60 years’ imprisonment. Sandusky’s conviction and sentence have been affirmed on appeal. Despite that unquestionably successful final result – Sandusky is likely to spend the rest of his life in prison – members of the public, along with legislators, commentators, and others, raised concerns about the investigation that led to Sandusky’s arrest and conviction. Most of those concerns centered on the length of the investigation, which began in November 2008, was transferred to the Office of Attorney General (“OAG”) in March 2009, and did not result in charges until November 2011. That passage of time led to concern and speculation, publicly voiced almost immediately after charges were filed. 1 Why did the investigation take as long as it did? Was the time consumed necessary to put together a viable case, or were there other explanations? Other aspects of the investigation raised questions as well, including whether school district officials properly handled the initial 1 See, e.g., Sara Ganim, Patriot-News Special Report: Inside the Jerry Sandusky Investigation – Why Did It Take So Long?, PENNLIVE, Nov. 13, 2011, http://www.pennlive.com/midstate/index.ssf/2011/11/special_report_why_the_jerry_s.html; Will Bunch, Did Corbett React too Slowly?, PHILLY.COM, Nov. 15, 2011, http://articles.philly.com/2011-11- 15/news/30401771_1_probe-jerry-sandusky-penn-state-football-assistant; Dennis Owens, Corbett Again Defends Length of Sandusky Investigation, ABC27 WHTM, Nov. 21, 2011, http://www.abc27.com/story/16094517/corbett- again-defends-length-of-sandusky-investigation; Robert Swift, House Caucuses Spar Over Sandusky Case, THETIMES-TRIBUNE.COM, Oct. 9, 2012, http://thetimes-tribune.com/news/house-caucuses-spar-over-sandusky-case- 1.1385184; Charles Thompson, Pennsylvania House Democrat Leaders Advance Attack On Corbett’s Probe of Sandusky, PENNLIVE, Oct. 17, 2012, http://www.pennlive.com/midstate/index.ssf/2012/10/post_451.html. 1 complaint in 2008,2 and whether investigators’ actions were consistent with best practices in the investigation of child abuse cases. While some might question the need for an examination of an investigation with such a successful outcome, effective organizations have long understood the importance of reviewing, understanding, and evaluating past performance as a means to improving future performance. 3 Moreover, public institutions, including prosecutors’ offices, are accountable to the public. 4 If substantial numbers of people question the efficacy or motives of the Office of Attorney General, then the rule of law is undermined. 5 I hope that this report, by describing the course of the Sandusky investigation as fully and accurately as possible and addressing legitimate public 2 See, e.g., Jim Runkle, Scandal May Include Keystone Central, SUNGAZETTE.COM, Nov. 12, 2011, http://www.sungazette.com/page/content.detail/id/570961/Scandal-may-include-Keystone-Central.html?nav=5011. But cf. No Cover-Up By School Officials, Sources Say, THE EXPRESS, Nov. 15, 2011, http://www.lockhaven.com/page/content.detail/id/535243/No-cover-up-by-school-officials--sources- say.html?nav=5180. See also Jim Runkle, Victim’s Mother: I Have Proof School Delayed Reporting Sandusky Abuse, SUNGAZETTE.COM, Nov. 2, 2012, http://sungazette.com/page/content.detail/id/585275/Victim-s-mother--I-
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