Sunday, November 27, 2011

Unhappy Valley...Part II

NOTE:  The views and opinions expressed in the following are strictly that of the author.  Reader discretion is advised.


You read last week's column explaining in part, my stand on the Penn State sex abuse scandal.  However, that was directed to those who feel that my character was/is morally flawed.
I'll only say that the sole apology I will make at this time is I'm sorry that those who feel that way, do. 
I'm not reversing my stand.  And here it is.
Jerry Sandusky should be punished to the fullest extent of the law for what he did to those young boys.  It's pretty much been proven beyond a reasonable doubt that he did what he did.  It's an absolute disgrace, and unfortunately, it cast suspicion on a number of people, with very extreme ramifications despite the fact that the allegations against them still have yet to be proven.
And let's talk about hearsay for a moment.
Merriam-Webster defines hearsay, or more specifically, hearsay evidence, as "evidence based not on a witness' personal knowledge, but on another's statement not made under oath".
In short, you HEAR what someone SAYs.  Hence the name.
And it is not, repeat, NOT admissible in any court of law.
And a law enforcement officer can't do anything in cases of hearsay, either.  I should know...I'm the son of a former police officer and my cousin is a career law enforcement officer.  I'm proud of them both.
This would be like someone calling the police and accusing you of sexually assaulting a child.  The cop would then ask that person how they came upon that knowledge.
"Well, I have it from a reliable source."
"Is that reliable source willing to come in and talk to us?"
"Well, no.  But I know it to be true."
This person is accusing you of a very serious offense.  Wouldn't you want to know why?
This is your life and reputation we're talking about.  And someone with third-party information trying to ruin it.
Enter Mike McQueary, wide receiver coach one day in 2002.
"Hey coach, I saw Sandusky doing something in the shower...you're not gonna like it."
Joe sits down and listens.  He takes the information to AD Tim Curley, and the head of the university's campus police. 
And apparently nothing happens for almost a decade, until the story breaks.
Pennsylvania's attorney general expresses satisfaction by Paterno's testimony before the grand jury.  The court of public opinion (as in not FACT) has already ordered him hung by his thumbs.
Why didn't he do more, some of us lament?  Well, why didn't McQueary do more? 
He honored the chain of command by going up the ladder, even reaching the man who was ultimately responsible.
So did Joe...who took it another step and notified the AD.  As for the campus police, they too were notified.  Gary Schultz, as Penn State's senior VP of finance and business, was also supervisor of the campus' police.  He did not relay this information he would later receive directly from McQueary to any officer on the force, and was allowed to retire quietly two years ago.
I should also mention that the university is paying for his attorney.
Paterno offered to finish out the season and slip quietly into retirement, wanting to spare his beloved football program any further embarassment and spare the board of trustees from having to debate the matter.
Yet Joe, who only knew what he was TOLD, was the one who was abruptly and unceremoniously fired.  And the man who did SEE it happen was put on an indefinite period of PAID vacation.  THAT attracted the attention of Attorney General Linda Kelly.
Though McQueary told his team "I'm done", he has yet to formally hand in his resignation.
If Paterno's termination isn't an obvious "business firing", I don't know what is.
We still don't know all the facts of this case, and there will be more details released as the weeks unfold.  It may be months, if not years, when all of the facts come out.
There is still, however, a time and place for everything.  The football program needs a complete overhaul to salvage the university's reputation.  That means cleaning house.  And it could have waited until the end of the season. 
If it turns out that JoePa knew more than what he let on to, let that be proven in a court of law.  The Court of Public Opinion is nothing other than just that.  Otherwise, it would be the Court of Public Facts, right?
If Coach is proven guilty in this matter, I'll be the first in line chanting for his head.
Not until.
There's people in this case who are far more guilty than Joe Paterno.
Like Gary Schultz and Jerry Sandusky.
You can direct your shock, anger and whatever emotions you have at them.
Let's not lose sight of the fact that this is still, the United States of America, where EVERYONE, like it or not, is entitled to due process.  And it's guaranteed by the Constitution.
Not due process of public opinion.  Due process of LAW.
And Joe Paterno was tried, convicted, and executed - at least professionally - by the Penn State University Board of Trustees. 
This is not what our country is about. 
God help us all if it becomes so.



NEXT WEEK:  Holiday Traditions

2 comments:

  1. "He honored the chain of command" is not an acceptable answer when children are being sodomized. Paterno, Schultz, McQueary, the janitors, and EVERYONE WHO KNEW was responsible for following up and making sure that this got stopped. Nobody is accusing Joe Paterno of doing anything. They are accusing him of NOT doing anything, and rightly so. All involved will be held accountable for their inaction.

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  2. And now, after 7 months, the independent investigation shows that Paterno was directly involved in covering up the scandal. If he was still alive he'd soon be in handcuffs with Schultz.
    The silence from Paterno supporters has been deafening.

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