DOCSLIB.ORG

December 16, 2011 Curley 1

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

1 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF 2 : DAUPHIN COUNTY, PENNSYLVANIA V. 3 : 4 TIMOTHY MARK CURLEY : No. CP-22-MD-1374-2011 5 _____________________________________________________________ 6 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF 7 : DAUPHIN COUNTY, PENNSYLVANIA V. 8 : 9 GARY CHARLES SCHULTZ : No. CP-22-MD-1375-2011 10 _____________________________________________________________ 11 TRANSCRIPT OF PROCEEDINGS 12 PRELIMINARY HEARING 13 14 BEFORE: MAGISTERIAL DISTRICT JUDGE WILLIAM C. WENNER 15 DATE: FRIDAY, DECEMBER 16, 2011 16 PLACE: COURTROOM NO. 1 17 DAUPHIN COUNTY COURTHOUSE HARRISBURG, PENNSYLVANIA 18 19 APPEARANCES: 20 BRUCE R. BEEMER, ESQUIRE OFFICE OF ATTORNEY GENERAL 21 For - Commonwealth 22 CAROLINE ROBERTO, ESQUIRE 23 For - Defendant Curley 24 THOMAS FARRELL, ESQUIRE 25 For - Defendant Schultz DAUPHIN COUNTY COURT REPORTERS 1 INDEX TO WITNESSES 2 3 FOR THE COMMONWEALTH DIRECT CROSS REDIRECT RECROSS 4 5 Michael McQuery 6 By Mr. Beemer: 5 113 By Ms. Roberto: 42 7 By Mr. Farrell: 86 8 9 Thomas Harmon 10 By Mr. Beemer: 115 130 By Mr. Farrell: 124 11 By Ms. Roberto: 131 12 13 John McQueary 14 By Mr. Beemer: 133 By Ms. Roberto: 140 15 By Mr. Farrell: 148 16 17 Shannon Manderbach 18 By Mr. Beemer: 158 19 20 Anthony Sassano 21 By Mr. Beemer: 164 By Ms. Roberto: 166 22 By Mr. Farrell: 169 23 24 25 DAUPHIN COUNTY COURT REPORTERS 1 INDEX TO EXHIBITS 2 3 FOR THE COMMONWEALTH IDENTIFIED ADMITTED 4 5 Exhibit No. 1 161 164 (Transcript of Paterno 6 Grand Jury Testimony.) 7 Exhibit No. 2 161 164 (Transcript of Curley 8 Grand Jury Testimony.) 9 Exhibit No. 3 161 164 (Transcript of Schultz 10 Grand Jury Testimony.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DAUPHIN COUNTY COURT REPORTERS 4 1 (On Friday, December 16, 2011, the 2 following proceedings occurred, beginning at 3 9:10 a.m.:) 4 5 THE COURT: Good morning, counsel. 6 MS. ROBERTO: Good morning, Your Honor. 7 MR. FARRELL: Good morning, Your Honor. 8 THE COURT: For defense counsel, is there 9 a motion for formal reading of the Complaint? 10 MS. ROBERTO: Your Honor, for Mr. Curley, 11 may it please the Court, Caroline Roberto 12 representing Mr. Curley, we will waive reading of 13 the Complaint. 14 THE COURT: Thank you. 15 MR. FARRELL: Your Honor, Thomas Farrell 16 for Gary Schultz, and we, too, waive the reading 17 of the Complaint. 18 THE COURT: Thank you, sir. 19 MR. FARRELL: You're welcome. 20 THE COURT: Is the Commonwealth ready to 21 proceed? 22 MR. BEEMER: We are, Your Honor. 23 THE COURT: Call your first witness. 24 MR. BEEMER: Commonwealth calls Mike 25 McQueary. DAUPHIN COUNTY COURT REPORTERS 5 1 MICHAEL McQUEARY, 2 called as a witness, being duly sworn, testified 3 as follows: 4 5 THE COURT: Good morning. 6 THE WITNESS: Good morning. 7 8 DIRECT EXAMINATION 9 BY MR. BEEMER: 10 Q Good morning, sir. 11 A Good morning. 12 Q Would you please state your full name, 13 spell your last name. 14 A Michael J. McQueary, M-C-Q-U-E-A-R-Y. 15 Q How old are you, Mr. McQueary? 16 A Thirty-seven. 17 Q Where did you attend college? 18 A Penn State University. 19 Q Did you play on any of the athletic teams 20 at Penn State University? 21 A Yes. 22 Q And what team was that? 23 A The football team. 24 Q And who was the head coach at the time? 25 A Joe Paterno. DAUPHIN COUNTY COURT REPORTERS 6 1 Q And could you tell the Court what years 2 you played football at Penn State? 3 A I was a freshman in '93 and I graduated 4 in December of '97. 5 Q Did you continue or return to employment 6 at Penn State University after your college 7 career ended? 8 A Yes. 9 Q And when did that occur? 10 A Full-time employment occurred in 2003. 11 Q What were you doing prior to 2003? 12 A I was an offensive graduate assistant 13 coach between 2000 and 2003; and between '99 and 14 2000, I was just a wage payroll office assistant. 15 Q When you say you were a graduate 16 assistant coach, was that at Penn State 17 University? 18 A Yes. 19 Q You worked under Joe Paterno? 20 A Yes. 21 Q Back in 2002, who was the athletic 22 director at Penn State University? 23 A Mr. Curley. 24 Q And what's his first name? 25 A Tim. DAUPHIN COUNTY COURT REPORTERS 7 1 Q If you could just generally describe for 2 the Court, are you familiar with a building on 3 Penn State University's campus known as the Lasch 4 Building? 5 A Yes. 6 Q Could you describe for the Court what the 7 Lasch Building is? 8 A It houses our football program, offices 9 for coaches, team locker rooms, strength 10 training, academic support. It's where -- it 11 encompasses our whole football program. 12 Q The description you just provided, was 13 that true in 2002? 14 A Yes. 15 Q I would like to direct your attention 16 back to March of 2002, particularly on a Friday 17 night. Do you recall something unusual happening 18 to you on a Friday night in that time frame? 19 A Yes. 20 Q Can you describe for the Court 21 approximately what you were doing on that Friday 22 evening? 23 A I was at home and watching a football 24 movie, already had gone to bed. And upon 25 watching the movie, I became motivated and just DAUPHIN COUNTY COURT REPORTERS 8 1 wanted to get some football things done and 2 decided to go to the Lasch Building to look at 3 the recruit tapes, pick up some recruit tapes. 4 And I had also bought some tennis shoes 5 earlier that day. Upon going into the building, 6 I wanted to put them into my locker. 7 Q Well, you indicated that you came from 8 somewhere. Were you at your house where you were 9 watching this movie? 10 A Yes, I was at my house, yes, my 11 townhouse. 12 Q Approximately how far away is that from 13 the Lasch Building? 14 A I would say six miles, and at that time 15 an eight-minute drive. 16 Q You did drive to the Lasch Building? 17 A Yes, I did. 18 Q Describe for the Court what you did upon 19 your arrival on Penn State's campus. 20 A I went to the Lasch Building, parked my 21 car, entered the Lasch Building and went to the 22 support staff locker room. 23 Q Is there more than one locker room in the 24 building? 25 A Yes. DAUPHIN COUNTY COURT REPORTERS 9 1 Q Other than the support staff locker room, 2 what other locker rooms are there? 3 A There's a locker room for full-time 4 coaches, the head coach and the two strength 5 coaches, and there's obviously the players' 6 locker room. 7 Q Do the locker rooms include shower 8 facilities? 9 A Yes. 10 Q Was that true of each of those locker 11 rooms you've just described or just some of them? 12 A Each one, yes. 13 Q Did you have those -- that pair of 14 sneakers that you previously described, did you 15 have those with you when you entered the 16 building? 17 A Yes. 18 Q Where did you go initially upon entering? 19 A To the support staff locker room. 20 Q And what did you do? 21 A That locker room has two doors to it. I 22 opened the first door and began entry into the 23 locker room. 24 Q Can you describe what happened there? 25 A Yes. When I opened that first door, I DAUPHIN COUNTY COURT REPORTERS 10 1 heard rhythmic slapping sounds, two or three 2 slaps that you would hear skin on skin. Began to 3 go into the second door, and I was already 4 alarmed and alerted, to be frank, somewhat 5 embarrassed, because it sounded to me like 6 someone was in the showers. 7 I could hear the showers running. And I 8 thought some activity was happening in the 9 showers, but I really didn't want to seem to -- 10 didn't want to be a part of. 11 I turned -- my locker, upon opening that 12 second door, is immediately to the right of that 13 door. It's the very first locker in that row at 14 that time. I turned to my locker, and as I 15 turned and faced my locker, I looked over my 16 right shoulder into the mirrors. 17 At a 45-degree angle from that mirror, 18 you can see into the shower. 19 Q Let me stop you right there. 20 A Okay. 21 Q Approximately what time in the evening 22 was this? 23 A I would guesstimate 9 or 9:30, 9 p.m. or 24 9:30 p.m. 25 Q And on that Friday evening in March of DAUPHIN COUNTY COURT REPORTERS 11 1 2002, were you familiar with an individual by the 2 name of Jerry Sandusky? 3 A Yes. 4 Q Describe for the Court how you knew 5 Mr. Sandusky. 6 A Mostly through him being a defensive 7 coordinator and assistant coach at Penn State 8 University while I played on the team.
Recommended publications
  • Report of the Special Investigative Counsel Regarding the Actions of the Pennsylvania State University Related to the Child Sexual Abuse Committed by Gerald A

    Report of the Special Investigative Counsel Regarding the Actions of the Pennsylvania State University Related to the Child Sexual Abuse Committed by Gerald A

    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 Freeh Sporkin & Sullivan, LLP July 12, 2012 TABLE OF CONTENTS Scope of Review and Methodology ..........................................................................................8 Independence of the Investigation .........................................................................................11 Executive Summary ...................................................................................................................13 Findings Recommendations for University Governance, Administration, and the Protection of Children in University Facilities and Programs Timeline of Significant Events ................................................................................................19 Chapter 1: The Pennsylvania State University – Governance and Administration ...........................................................................................................................31 I. Key Leadership Positions A. President B. Executive Vice President and Provost (“EVP‐ Provost”) C. Senior Vice President ‐ Finance and Business (“SVP‐ FB”) D. General Counsel II. Principal Administrative Areas A. University Police and Public Safety (“University Police Department”) B. Office of Human Resources (“OHR”) C. Department of Intercollegiate Athletics (“Athletic Department”) D. Outreach III. Administrative Controls A. Policies and Procedures B. Oversight and
  • Pennsylvania State University Sandusky Scandal Analysis Erin Gilbert De Paul University

    Pennsylvania State University Sandusky Scandal Analysis Erin Gilbert De Paul University

    Running head: SANDUSKY SCANDAL ANALYSIS 1 Pennsylvania State University Sandusky Scandal Analysis Erin Gilbert De Paul University SANDUSKY SCANDAL 2 Pennsylvania State University Sandusky Scandal Analysis Introduction Looking at a crisis management case-study is much different than simply evaluating a previous public relations case for different aspects of the Potter Box Model. This case study took an in-depth look at how loyalties and values of public relations professionals can affect the decisions they make. In this analysis, I will be discussing the Sandusky Scandal at Pennsylvania State University and the problematic public relations decisions that were made immediately after the scandal became public. Facts of the Case On November 4, 2011, a Grand Jury in Pennsylvania issued a report which went into graphic detail about one of Pennsylvania State University's retired football coaches, Jerry Sandusky. The report was based on an investigation which had been taking place for more than two years, and ultimately described in graphic detail the criminally sexual behavior of Coach Sandusky with eight boys over the 15 years spanning 1994 to 2009. The report explained that at least three of the sexual encounters with underage boys happened on Pennsylvania State University grounds and two were witnessed by fellow employees. Jerry Sandusky was officially arrested for 21 felony counts of abusing children (Swann). The section of the report which detailed the encounters which were witnessed by other employees was highly speculative until the Grand Jury investigation. It was found out that in 1998 a mother called the high school that Sandusky volunteer-coached at claiming that the coach SANDUSKY SCANDAL 3 had bear-hugged her son in the showers.
  • First Quarterly Report of the Independent Athletics

    First Quarterly Report of the Independent Athletics

    FIRST QUARTERLY REPORT OF THE INDEPENDENT ATHLETICS INTEGRITY MONITOR PURSUANT TO THE ATHLETICS INTEGRITY AGREEMENT AMONG THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, THE BIG TEN CONFERENCE AND THE PENNSYLVANIA STATE UNIVERSITY George J. Mitchell DLA PIPER LLP (US) November 30, 2012 Table of Contents Page I. INTRODUCTION AND SUMMARY .............................................................................. 1 II. THE MONITORSHIP AND THE MONITOR’S RESPONSIBILITIES .......................... 6 III. THE MONITOR’S ACTIVITIES THIS QUARTER ...................................................... 13 IV. OBSERVATIONS AS TO SPECIFIC AREAS .............................................................. 17 A. Athletics Department “Integrity Program” and Related Reforms ....................... 18 1. Overview of the Athletics Department .................................................... 19 2. Code of Conduct for Intercollegiate Athletics ......................................... 21 3. Organization, Staffing, and Oversight ..................................................... 22 a. Athletics Integrity Officer and Athletics Integrity Council ......... 22 b. Athletics Department Compliance Staff ...................................... 23 c. Team Monitors ............................................................................. 24 d. Organizational Structure .............................................................. 24 4. Athletics Department Policies .................................................................. 25 5. Improvements to Security
  • Maryland Penn State

    Maryland Penn State

    734 WINS 44 BOWL GAMES 21 BOWL WINS 98 1ST TEAM (12th in Nation) (8th in Nation) (T12th in Nation) ALL-AMERICANS GAME EIGHT PENN STATE NITTANY LIONS TELEVISION: ESPN2 4-3, 1-3 Big Ten SATURDAY, NOV. 1, 2014 • NOON ET Beth Mowins, Joey Galloway, Paul Carcaterra BEAVER STADIUM (106,572) • UNIVERSITY PARK, Pa. TV APPEARANCES: The Nittany Lions are appearing on Head Coach: ...........James Franklin television for the 248th time in their last 250 games. Record at Penn State (Yrs.) .....4-3 (1st) SERIES: Saturday’s meeting will mark the 38th clash between RADIO: Penn State Sports Network (60 stations): Career Record (Yrs.): ........28-18 (4th) the two schools, with Penn State owning a 35-1-1 mark vs. vs. Maryland: ............First Meeting Maryland. The teams have not met since Nittany Lions won Steve Jones (pbp), Jack Ham (analyst), Loren Crispell in College Park 1993 and the border rivals will be playing in (sideline). Beaver Stadium for the first time since 1992. Local: 93.7 FM & 1450 AM. Sirius: Ch. 91, XM: Ch. 91 MARYLAND TERRIPANS This will be their first matchup as Big Ten East Division Maryland Sports Network: Johnny Holliday (pbp), Tim 5-3, 2-2 Big Ten opponents, with the rivals meeting annually. The squads will Strachan (analyst), Scott McBrien (sideline). Head Coach: ............ Randy Edsall meet October 24, 2015 at M&T Bank Stadium in Baltimore. Compass Media Networks: Gregg Daniels (pbp), Dale Record at Maryland (Yrs.): ...18-27 (4th) Complete Series Notes on Page 8 Hellestrae (analyst). Career Record (Yrs.): ......92-97 (16th) WEB: GameTracker & Live Audio at GoPSUsports.com.
  • Ninth Quarterly Report

    Ninth Quarterly Report

    NINTH QUARTERLY REPORT OF THE INDEPENDENT ATHLETICS INTEGRITY MONITOR PURSUANT TO THE ATHLETICS INTEGRITY AGREEMENT AMONG THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, THE BIG TEN CONFERENCE AND THE PENNSYLVANIA STATE UNIVERSITY George J. Mitchell DLA PIPER LLP (US) December 5, 2014 Table of Contents Page I. INTRODUCTION AND SUMMARY.............................................................................. 1 II. THE MONITOR’S ACTIVITIES THIS QUARTER........................................................ 2 III. OBSERVATIONS AS TO SPECIFIC AREAS ................................................................ 4 A. Penn State’s Efforts to Implement the AIA ........................................................... 4 1. Activities of the Athletics Integrity Officer............................................... 4 a. General Activities .......................................................................... 4 b. Educational Activities.................................................................... 5 c. Athletics Integrity Council Quarterly Meeting.............................. 5 d Ethics and Compliance Hotline Reporting .................................... 6 2. Penn State Intercollegiate Athletics Policy Manual………………………7 B. Penn State’s Efforts to Complete the Recommendations in the Freeh Report……………………………………………………………..…7 1. Penn State Culture (Recommendation 1.1)................................................ 7 a. Penn State Values and Culture Survey .......................................... 7 b. Penn State Values Statement ........................................................
  • 11/30/19 - 3:30 P.M

    11/30/19 - 3:30 P.M

    11/30/19 - 3:30 P.M. GAME #12 896 WINS (8th in Nation) 2 NATIONAL CHAMPIONSHIPS VS. 49 BOWL GAMES (T-9th in Nation) 4 BIG TEN CHAMPIONSHIPS University Park, Pa. 29 BOWL WINS (T-4th in Nation) Beaver Stadium (106,572) 84% ALL-TIME GRADUATION RATE Series: Penn State, 27-2 100 FIRST-TEAM ALL-AMERICANS Last Meeting: Penn State 20, Rutgers 7 66 ACADEMIC ALL-AMERICANS (2nd in Nation) November 17, 2018 - SHI Stadium Complete series info on Page 7 PxP: Brandon Gaudin RUTGERS #10 PENN STATE Analyst: James Laurinaitis NITTANY LIONS Sideline: Elise Menaker SCARLET KNIGHTS 9-2, 6-2 Big Ten 2-9, 0-8 Big Ten H: 6-0, A: 3-2, N: 0-0 PxP: Steve Jones H: 2-5, A: 0-4, N: 0-0 Analyst: Jack Ham Head Coach: ........James Franklin (East Stroudsburg ’95) Interim Head Coach: ....Nunzio Campanile (Montclair St. ’99) Sideline: Matt McGloin Record at Rutgers (1st season*): ...................1-6 (.143) Record at Penn State (6th season): ............54-23 (.701) Local: 99.5 & 103.7 FM/1450 AM Career Record (Same*): .............................Same Career Record (9th season): ................. 78-38 (.672) Web: GoPSUsports.com vs. Penn State: ..............................First Meeting vs. Rutgers .........................................5-0 Sirius/XM/Internet: 137/195/957 * Named to position prior to Maryland game SCHEDULE/RESULTS BY THE NUMBERS SCHEDULE/RESULTS ⏰(ET)/ ⏰(ET)/ 8.31 15/14 Idaho W, 79-7 BTN 104,527 8.30^ Massachusetts W, 48-21 BTN 40,515 9.7 15/14 Buffalo W, 45-13 FOX 104,136 40 9.7 at 20/19 Iowa * L, 0-30 FS1 61,808 9.14 13/11 Pittsburgh
  • Report Changed Few Opinions in PSU Community

    Report Changed Few Opinions in PSU Community

    Report changed few opinions in PSU community By Susan Snyder, Inquirer Staff Writer POSTED: JUNE 25, 2014 The report released Monday by Attorney General Kathleen G. Kane into the three-year investigation of child sex-abuser Jerry Sandusky did little to change opinions of a Pennsylvania State University community still deeply divided over the scandal. Those who believe mistakes were made in the investigation, including delays by investigators under Gov. Corbett when he was attorney general, continue to believe so, and contend that they see such evidence in the report. Those who think Corbett and his successors did right by taking time to build a strong case without political motive say the report only buttresses their views. "This report was geared toward an evaluation as to whether or not [Corbett] had acted improperly. The answer to that is clearly a resounding no," Keith Eckel, a member of Penn State's board of trustees since 2001 and a Lackawanna County farmer, said Tuesday. "I never doubted the governor's actions in this effort because I've always had a high level of respect for his independence when it came to enforcing the law." But trustee Anthony Lubrano, a onetime board critic elected in the aftermath of the scandal, said the report validated his suspicions that the investigation had unnecessarily dragged on. "If you read the report carefully, you have to conclude that the delays, particularly those in 2010, were suspect," said Lubrano, a Glenmoore businessman. The Attorney General's Office got the case in March 2009. Sandusky was indicted in November 2011.
  • Covering the Scandal in 140 Characters: a Case Study of Twitter’S Role in Coverage of the Penn State Saga

    Covering the Scandal in 140 Characters: a Case Study of Twitter’S Role in Coverage of the Penn State Saga

    International Journal of Sport Communication, 2012, 5, 384-402 © 2012 Human Kinetics, Inc. www.IJSC-Journal.com CASE STUDY Covering the Scandal in 140 Characters: A Case Study of Twitter’s Role in Coverage of the Penn State Saga Jimmy Sanderson Clemson University, USA Marion E. Hambrick University of Louisville, USA This case study explored how sports journalists used Twitter to cover allegations about former Penn State University assistant football coach Jerry Sandusky sexually abusing young boys. A content analysis of 1652 tweets from 151 sports journalists was conducted. Analysis revealed that sports journalists used Twitter in the following ways: a) offering commentary, b) breaking news, c) interactivity, d) linking to content, and e) promotion. The results suggest that Twitter serves as an additional venue for sports journalists to frame stories; however, their behav- ior in this venue blurs professional and personal boundaries as they mock fans and promote their competitors. The analysis further suggests that the immediacy with which news breaks on Twitter places sports journalists and sports media organizations into a dialectic between “being first” and “being accurate” when reporting news. Keywords: Twitter, sports journalism, social media On November 5, 2011, the sports world was rocked by news that former Pennsylvania State University (PSU) assistant football coach Gerald “Jerry” San- dusky was being charged with sexual abuse of minors. Testimony from a grand jury investigation revealed numerous accusations against Sandusky—specifically that he had molested 10 boys during a 15-year period—with some of the abuse alleged to have occurred at Penn State facilities (Chapell, 2011). One of the more prominent allegations involved assistant football coach Mike McQueary (then a graduate-assistant) who reported that in 2002 he personally witnessed Sandusky engage in sexual activity with a young boy in the football facility’s showers.
  • 2:25 Mark of Recording

    2:25 Mark of Recording

    2:25 mark of recording. John; Now, our interview here today, which I hope we understand everything is going to be on the record, right? Jerry: On the record. John: Yeah, you’re ok with that? Jerry: I guess. John: Well, that’s what I’m here for. Jerry: Ok. John: So, and then you’re going to have to call me, right? Now, March starts tomorrow. Jerry: Right. I put in a request to call Saturday morning. John: Great, ok. Jerry: I don’t see any reason they won’t accept it. John: Ok, now, my understanding is that at times you have made two phone 1 calls at the same time, is that correct? Jerry: Well, what happened was, ok, last… John: You don’t need to give me all the details. I’m just asking assuming this goes well today… Jerry: I’m not allowed. John: You’re not allowed to do two phone calls? Jerry: I’m not allowed to do two phone calls. I’m only allowed a 15 minute phone call. That’s my latest restriction. John: And how many do you get in March? Jerry: I can call you Saturday, and then I can call you the following week or how soon… John: Well, could you call me Saturday and then Sunday? I mean, two days in a row could you call me? Jerry: I think so. John: Can we put in for that? 2 Jerry: Right. I’ll put in for that as soon as I get back. John: Now, do you have any questions for me? Jerry: Well, I guess now that you got the interview …very difficult.
  • Addressing Conflicts of Interest in the Context of Campus Sexual Violence

    Addressing Conflicts of Interest in the Context of Campus Sexual Violence

    Brigham Young University Education and Law Journal Volume 2017 Number 1 Article 2 Spring 4-1-2017 Addressing Conflicts of Interest in the Context of Campus Sexual Violence Talcott J. Franklin Dennis C. Taylor Ann Beytagh Follow this and additional works at: https://digitalcommons.law.byu.edu/elj Part of the Criminal Law Commons, Education Law Commons, and the Sexuality and the Law Commons Recommended Citation Talcott J. Franklin, Dennis C. Taylor, and Ann Beytagh, Addressing Conflicts of Interest in the Context of Campus Sexual Violence, 2017 BYU Educ. & L.J. 1 (2017). Available at: https://digitalcommons.law.byu.edu/elj/vol2017/iss1/2 . This Article is brought to you for free and open access by BYU Law Digital Commons. It has been accepted for inclusion in Brigham Young University Education and Law Journal by an authorized editor of BYU Law Digital Commons. For more information, please contact [email protected]. Franklin.1-57.docx (Do Not Delete) 3/13/17 10:26 AM ADDRESSING CONFLICTS OF INTEREST IN THE CONTEXT OF CAMPUS SEXUAL VIOLENCE Talcott J. Franklin*, Dennis C. Taylor* & Ann Beytagh* I. INTRODUCTION Sexual violence on college campuses has become a topic of increasing concern and growing frustration. The reported scope of the problem and its life-shattering consequences are staggering. According to President Obama: An estimated one in five women has been sexually assaulted during her college years – one in five. Of those assaults, only 12 percent are reported, and of those reported assaults, only a fraction of the offenders are punished. And while these assaults overwhelmingly happen to women, we know that men are assaulted, too.
  • New York Times 1 November 5, 2011 Former Coach at Penn State Is Charged with Abuse by MARK VIERA

    New York Times 1 November 5, 2011 Former Coach at Penn State Is Charged with Abuse by MARK VIERA

    New York Times 1 November 5, 2011 Former Coach at Penn State Is Charged With Abuse By MARK VIERA A former defensive coordinator for the Penn State football team was arrested Saturday on charges of sexually abusing eight boys across a 15-year period. Jerry Sandusky, 67, who had worked with needy children through his Second Mile foundation, was arraigned and released on $100,000 bail after being charged with 40 counts related to sexual abuse of young boys. Two top university officials — Gary Schultz, the senior vice president for finance and business, and Tim Curley, the athletic director — were charged Saturday with perjury and failure to report to authorities what they knew of the allegations, as required by state law. “This is a case about a sexual predator who used his position within the university and community to repeatedly prey on young boys,” the Pennsylvania attorney general, Linda Kelly, said in a statement. Mr. Sandusky was an assistant defensive coach to Joe Paterno, the coach with the most career victories in major college football, who helped propel Penn State to the top tiers of the sport. Until now, the Big Ten university had one of the most sterling images in college athletics, largely thanks to Mr. Paterno and his success in 46 seasons as head coach. A grand jury said that when Mr. Paterno learned of one allegation of abuse in 2002, he immediately reported it to Mr. Curley. The grand jury did not implicate Mr. Paterno in any wrongdoing,though it was unclear if he ever followed up on his initial conversation with Mr.
  • V I R G I N I A: Before the Virginia State Bar

    V I R G I N I A: Before the Virginia State Bar

    V I R G I N I A: BEFORE THE VIRGINIA STATE BAR DISCIPLINARY BOARD IN THE MATTER OF FRANK GERALD FINA VSB DOCKET NO. 20-000-118449 MEMORANDUM ORDER AND OPINION THIS MATTER came before the Virginia State Bar Disciplinary Board (“Board”) for a hearing via video conference on September 25, 2020, on the Amended Rule to Show Cause and Order of Summary Suspension and Notice of Hearing entered on August 31, 2020 (the “Rule to Show Cause”) to which was appended the Order of Suspension entered by the Supreme Court of Pennsylvania Western District on February 19, 2020, suspending for one year and one day effective February 19, 2020, the right of Respondent Frank G. Fina (“Respondent”) to practice law in the Commonwealth of Pennsylvania. The hearing was held before a panel of the Board consisting of Sandra L. Havrilak, Acting Chair; David J. Gogal; Donita M. King; Alexander Simon; and, Reba H. Davis, Lay Member (collectively, the “Board Panel”). The Virginia State Bar (“Bar”) was represented by Elizabeth K. Shoenfeld, Senior Assistant Bar Counsel (“Senior Assistant Bar Counsel”). The Respondent was represented by Bernard Joseph DiMuro, who on behalf of Respondent filed a seventy-three-page Answer to Order to Show Cause. At the onset of the hearing, the Chair stated the following: On March 12, 2020, the Governor of Virginia declared a state of emergency regarding the novel coronavirus (COVID-19) pursuant to Executive Order 51. The state of emergency has been in place since March 12, 2020 and continues indefinitely, until revised or lifted by the Governor.