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Linda Kenney Baden

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Joe Paterno, the Penn State Tragedy and Child Molestation

Posted: 11/11/11 10:13 AM ET

The apologists still insist that Coach Joe Paterno should not have been fired. Quite frankly, Joe Paterno is lucky if all he loses is his job. The statement of the Pennsylvania Attorney General Linda Kelly says Joe Paterno is not a target "at this point." He, and all in the sports world, should pay heed.

Not one story goes by without calling Joe Paterno 'Coach'. This tragedy is not about a 'Coach'. What some sportscasters, local fans, and a small but violent flash mob of Penn State students fail to realize is that this story is not about sports or sports legends. It is about serial child molestation. This story is not about first downs. It is about pedophilia. It is not about what happens to Joe Paterno. It is about rape. It is not about the legacy of a winning record in college football. It is about the life-long destruction to the children who have been molested, the families that have been destroyed, and the harm to society that has been generated by the failure to put children first and sports second at Penn State.

Joe Paterno knew Jerry Sandusky for decades. Joe Paterno worked with Jerry Sandusky for decades. At least by 1998, Joe Paterno knew Sandusky admitted to inappropriate contact with a child on the Penn State campus. Yet no one is taking responsibility for the harm that has been caused by the continued embracing of Jerry Sandusky by those who knew him best. Soon after the 1998 incident, Sandusky retired the following year in 1999 from Penn State. This close time-line itself raises questions. Did his retirement have anything to do with these allegations? Was there a hidden settlement, agreement, or resignation? Where is all the written documentation concerning the discussions that surrounded this incident? Ignoring the warning signs, Penn State and its agents gave Jerry Sandusky the golden key to paradise in- free reign to Paterno's sports kingdom where Sandusky could continue to molest young children under the guise of his charitable organization The Second Mile which he started allegedly to help young children. Do the movers and shakers of Penn State really want the public to believe that a close-knit sports organization did not engage in locker room talk about Jerry Sandusky and his sexual proclivities during this period and beyond? Make no mistake about it; Joe Paterno bears responsibility for all of the children that Jerry Sandusky sexually assaulted. There are a lot of other people who also bear responsibility, however, that does not vitiate Joe Paterno's duties to the victimized children. This is only the beginning of the story not the end.

In 1998, Victim 6 (the first victim delineated in terms of time in the recent grand Jury report) shared a shower with Sandusky and a second child. Victim 6 's mother called the police and Sandusky gave what was clearly a confession. Sandusky merely had to agree to no longer shower with children and the investigation was closed. Here is another huge breakdown of the system in this story. According to the grand jury presentment the Pennsylvania agency charged with protecting children -- Children and Youth Services -- closed the investigation. So did the then prosecutor Ray Gricar whose subsequent mysterious disappearance takes on new implications. Even adding to the concern of system breakdown, are reports that the attorney who represented Penn State in this 1998 investigation is now the attorney for The Second Mile charity started by Jerry Sandusky.

The University, in order to obtain federal funds, is supposed to report to the government all crimes that occur on campus -- not adjudicated crimes but reports of alleged crimes so that students can be warned about dangerous incidents connected to the school. This is much like the theory behind Megan's Law -- sex offenders are identified and tracked to as to reduce the danger that they will commit an assault upon another person -- adult and child. This reporting requirement of the CLERY Act is even wider than that for Megan's law in one aspect -- it is for crimes reported on campus -- not merely adjudicated in the criminal court system. This federal law enacted after another tragedy at another Pennsylvania college where a young woman named Jeanne Clery was raped and then killed by a second student on campus. Was any criminal act by Jerry Sandusky reported? Unfortunately, the University only has to keep those records for seven years so we may never know the answer to this question. And the delay in finding the answer is directly related to the delay by Penn State and Joe Paterno in properly reporting Jerry Sandusky to the police.

All in all it sounds as if there are many people who at least morally if not legally aided and abetted Sandusky's reign of child molestation. Can a criminal case now be made beyond beyond Sandusky and the two Penn State officials accused of lying to the grand jury? Was there a violation of the federal RICO/racketeering act? A cover-up? Who else knew and facilitated this criminal enterprise to continue? And what about Jerry Sandusky's wife- did she know or suspect?

We owe it to the victims to find the answers. We need to make the victims feel safe; to self-identify themselves beyond those who had the strong will to talk to law enforcement. If there are eight identified victims, there are probably a lot more young men out there who bear the scars of these assaults. All victims need to be found and given any help they may need. It is well known that victims of child molestation may have severe problems in their lives -- emotionally and otherwise. Some can even become pedophiles themselves.

And finally let's discuss the NCAA. The president of that organization maintains this situation is outside their purview until the facts are established. Really? Where is their outrage? An organization as powerful and all encompassing as the NCAA, who recently found a USC student athlete guilty of getting an impermissible benefit by riding in a golf cart for five minutes between buildings says they are powerless to address the issue of pedophilia in college locker rooms. There is a lot of disbelief surrounding this saga and the apparent willful impotence that allowed it to happen in the first place. It doesn't end because people in authority continue to put their heads in sports sand. At least the Penn State Board of Trustees fired Paterno. They are acting late but at least they are finally acting.

 

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The apologists still insist that Coach Joe Paterno should not have been fired. Quite frankly, Joe Paterno is lucky if all he loses is his job. The statement of the Pennsylvania Attorney General Linda ...
The apologists still insist that Coach Joe Paterno should not have been fired. Quite frankly, Joe Paterno is lucky if all he loses is his job. The statement of the Pennsylvania Attorney General Linda ...
 
 
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02:35 PM on 12/09/2011
Wow....where is the responsible journalism here......a lot of assumptions but no proof.
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Linda Kenney Baden
Private Trial Attorney and Sports Fan
11:55 AM on 11/26/2011
Writing new blog soon re Penn State and Sandusky- 25Q for Louis Freeh, what do u want asked and answered?
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Linda Kenney Baden
Private Trial Attorney and Sports Fan
04:42 PM on 11/18/2011
The NCAA has backtracked on their prior position about Penn State. They have announced and investigation into the Penn State program based on the issue of "institutional control."
01:11 PM on 11/17/2011
The tragedy is the focus on Joe Paterno over the victims and Sandusky. Any discussion or article on the situation where the title of the article doesn't mention Sandusky and ties together the words "Paterno" "Tragedy" and "Molestation" is a plead for attention and readership rather than an opportunity to really understand and help others get the correct information.
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Linda Kenney Baden
Private Trial Attorney and Sports Fan
10:08 PM on 11/16/2011
For those who commenting on the transfer- you can generally only transfer an interest by deed if there is no mortgage on a property. If there is a mortgage you need the permission of the mortgagor. That is why one property can be transferred and the other not. There are different deeds such as quit-claim deeds executed in some divorce actions so that a spouse can transfer whatever interest a party may own but it would not eradicate the fact that the mortgage is secured by the property. Additionally, if there is a judgment in PA, property in state is easily attached to satisfy the judgment or ordered frozen for sale pending the outcome of the lawsuit. Property out of state is more difficult. In any event, any transfer if made in contemplation of hiding assets can subject both parties to a fraud action. Louis Nizer did this years ago.
04:19 PM on 11/15/2011
Very well written article that I totally agree with! On another note, here's the sad thing, someone started a "I Support JoePa" Facebook on 11/7/2011. On 11/09/2011 it had over 9,500 "likes". On Sunday it has over 12,000 "likes". Today, it has over 16,000 "likes". On 11/09/2011, I started a "I Support the Penn State victims". To date, I have 18 "likes". I realize advertising and networking impacts the number of "likes", but I have over 384 friends and business that I sent it to. each time someone "likes" it, it notifies their friends. What is wrong with this world's priorities???
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Linda Kenney Baden
Private Trial Attorney and Sports Fan
06:24 PM on 11/16/2011
That is sad.
02:42 PM on 12/09/2011
I'm not sure what you fail to understand. The number of "likes" for Joepa indicates that folks choose to support him because there is no evidence (yet) to prove that he did anything wrong. His long career of honor and integrity should not be erased without providing evidence. The fact that people "like" the "I Support JoePa" Facebook page doesn't mean that those same people don't support the victims. They are not mutually exclusive. Let's put the focus back on the alleged perpetrator where it belongs.
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Linda Kenney Baden
Private Trial Attorney and Sports Fan
07:13 PM on 11/14/2011
Two things the PS trustee did.. Create a diversion and get rid of Paterno. They threw Paterno out like a piece of meat and media,sports commentators, talk shows,comedians, and cartoonist pounced like a bunch of vultures and ignored the real story .. Everyone forgot he wasn't the one who committed the crime and the full brunt of responsibility was placed squarely on his shoulders. Suddenly the man who had done so much for the football program and the players , given so much to the school financially , refused to take many offers from pro teams because of his love and dedication for the school and gained the love and respect of the student body, was thrown out .The villain was permitted to resign and the scapegoat was fired. They have taken their attention off the real villains and have crucified Paterno. Would the results have been different had he called the police? I doubt it because look what happened after he reported it to the school authorities. Could he have stopped another child from being molested? I doubt that because after Sandusky was reported he remained with "The Second Mile" organization until Sept. of 2010 when he "resigned". It"s my opinion that if there was a cover-up it was more to protect "The Second Mile" organization than the athletic department. Remember, the same people condemning Paterno now had to scrape egg off their faces when the students at Duke University were falsely accused of raping a girl.
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04:13 PM on 11/14/2011
Good article...thanks for the work. Thanks too for the perspective.
07:21 PM on 11/18/2011
agree
11:33 AM on 11/14/2011
far did his aiding and abetting go? Joe Paterno will be lucky if he isn’t charged with a crime. It’s unfortunate that a great football dynasty is brought down with scandal. The NCAA may decide to revoke their playing for a season. If they do, that will punish the university with lost revenue and the players who would have gotten a full ride scholarship. Is that fair? I don’t know. But to sit by and do nothing is also unfair to the children with ruined lives. The message they are given is that their abuse didn’t count for much when compared with a great sports program.
01:21 PM on 11/14/2011
It just goes to show that the selfish motivations of those who covered this up is now also negatively affecting many innocent people beyond the victims and heir families. Look at the horrible mess they have made for so many by not doing what was RIGHT from the beginning. And all for a damned sport. I don't get it either.
07:20 PM on 11/18/2011
agree
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Linda Kenney Baden
Private Trial Attorney and Sports Fan
06:31 PM on 11/16/2011
There is no doubt that there are a lot of unintended 'victims' such as the present sports athletes who came to the school to play for Paterno. But if there was the desire to keep these allegations quiet as not to hurt the program, that strategy has backfired big-time. In any event, under no circumstances can it be said ( if indeed there was child sexual assault whether proven in a court of law or otherwise) that anyone's harm is as great as the victim of a child sexual assault.
11:02 AM on 11/17/2011
I couldn't agree with you more. Unfortunately, in our country (and please understand, I love our country), it's called "taking one for the Gipper". That's where we are led astray. No child should ever have to suffer abuse, sexual or otherwise, at the expense of that child. As adults we have a choice. Children do not. A child deserves safety--that's what I was raised with. I knew I was safe around my home, coaches, teachers and other students. I had to fight when I was young with other students, but that's part of the growing process. But adults never abused me. I was one of the lucky ones as I understand 1 in 3 girls are molested and 1 in 6 boys--those are the "reported" stats. Who knows what the true numbers hold.
10:45 AM on 11/14/2011
Well said.
10:27 AM on 11/14/2011
Answer to your NCAA point......money money money money money money money....oh yea and also....money. Occupy wall st should swing by and sit in on some college campus sports programs while their at it.
10:17 AM on 11/14/2011
I keep hearing 'told his superiors', 'did what he was supposed to'-concering every person in this 'chain of shame'.
I taught in the public school system. We were told, repeatedly, if YOU are aware of any possibility of child abuse or neglect, YOU are responsible for contacting authorities.
I could tell my principal, or school counselor any suspicions, that 'brought them in the loop'.
However, I had to make the call to Child Protective Services. If I didn't I was open to legal action and losing my job.
What Child Protective Services did was their decision to make. They would investigate, first thing.

Something as horrific as what was being done to these little boys had to be reported immediately.
These men....every one of them...are as responsible for notifiying authorities as the 'guy up the ladder'.
How any one of them could sleep at night, knowing what was going on, just sickens me!
I BURN every time I read about this.
Now these eight (at least) young men have to fight these demons the rest of their lives. These men are ALL responsible for what happened to them.
EVERY one of these men should face some legal action....Coach or no Coach.
12:06 PM on 11/14/2011
Universities aren't the same as the public school system. But either way, in PA there's no law that required Paterno, Mcqueary, or public school teachers to contact police.
The PA mandatory reporting law only requires the reporting to a supervisor. Lawmakers are currently working on changing that.
07:18 PM on 11/18/2011
your kidding right you are ignorant of the outrage of the people paterno should have insisted on investigation now he should man up and speak up or is he hiding more insidious facts ?
10:00 AM on 11/14/2011
We won't know everything till we know, public accusations and assumptions are toxic too. Stories are not always what they seem on the surface. Many, many people let Sandusky slip thru the system for 15 years, including agencies in place to protect children, police and perhaps those involved with Second Mile. Since no one's left, I know the students of PSU will restore pride in their institution, where classroom education is highly rated. The kids are now learning up close about other things in life, child sex abuse. They will take this cause and make it their own. Let's at least allow the students there to focus on their education and help with this awful societal problem of pedophiia and for the rest of the story, investigations will take care of the details none of us really know or understand - yet.
07:13 PM on 11/18/2011
why has paterno hidden behind a lawyer if he is a so called leader of men? Now is the time for him to speak regardless of the consequences coward