More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Michael Smerconish

GET UPDATES FROM Michael Smerconish
 

What Phil Knight Did NOT Say

Posted: 02/ 6/2012 6:36 am

Nike co-founder and chairman Phil Knight delivered quite a broadside to the Penn State board of trustees on Jan. 26 during the memorial service for Joe Paterno.

As evidenced by the thunderous reaction, his comments provided a salve to mourners, but when viewed unemotionally, his words were misleading at best. Worse, they will further an outpouring of hatred toward members of the board, some of whom now fear for their safety given the climate that surrounds the case.

Knight said that for the last 12 years he'd regarded Paterno as his hero. "In the 12 years since... never once did he let me down. Not one time," Knight said.

Spurred by the ovation, he continued:

Conventional wisdom dictates that I would phrase it a different way. It would say in 11 of those 12 years he never let me down and those years outweighed this last year, but nobody ever accused me of wisdom of any kind, let alone conventional.

Knight then referred to 2002, when Paterno was told about an alleged attack on a boy by former coach Jerry Sandusky:

In the year in question, he gave full disclosure to his superiors up the chain to the head of campus police and president of the school. The matter was in the hands of a world-class university and by a president with an outstanding national reputation. Whatever the details of the investigation are, this much is clear to me: If there was a villain in this tragedy it lies in that investigation, not in Joe Paterno's response to it.

That drew a standing ovation.

He said that for his "actions," Paterno was "excoriated by the media and fired over the telephone by his university." Knight then asked rhetorically, "Who is the real trustee at Pennsylvania State University?"

To the extent Knight was suggesting that Paterno was the "real trustee," his confidence was sadly misplaced. His eulogy, which was devoid of any mention of the alleged victims in this scandal, overlooked testimony provided under oath by Paterno to the grand jury. There, the longtime coach acknowledged awareness of what Mike McQueary reported seeing between Sandusky and a young boy in 2002. This is from his responses while testifying before the grand jury:

Q: Without getting into any graphic detail, what did Mr. McQueary tell you he had seen and where?


A: Well, he had seen a person, an older -- not an older, but a mature person who was fondling, whatever you might call it -- I'm not sure what the term would be -- a young boy.

Q: Did he identify who that older person was?

A: Yes, a man by the name of Jerry Sandusky who had been one of our coaches, was not at the time.

There was then an important follow-up:

Q: I think you used the term fondling. Is that the term that you used?


A: Well, I don't know what you would call it. Obviously, he was doing something with the youngster. It was a sexual nature. I'm not sure exactly what it was.

McQueary should have called the police. He didn't. The following morning he turned to Paterno, who then should have called the police. Instead, Paterno reported what he'd been told by McQueary to athletic director Tim Curley and school administrator Gary Schultz.

Did that discharge Paterno's legal duty? Yes. His moral duty? Absolutely not. This was not the theft of a toner cartridge. He should have followed up to make sure the matter was thoroughly investigated. Had a phone call been made to off-campus police by McQueary or Paterno, years of abuse of young boys might have been avoided.

In his eulogy, Knight also conveniently reduced the time frame at issue. Any proper evaluation of Paterno's role in the scandal goes back to at least 1998. That's when a boy reported to his mother that he'd showered with Sandusky, giving rise to a criminal investigation. Although the case was not prosecuted, investigators eavesdropped as the mother confronted Sandusky, who reportedly said, "I wish I were dead."

What came the following year? Sandusky's "retirement."

But what kind of retirement was it? Published accounts indicate that, between 1998 and 1999, Sandusky sought to institute a football program at Penn State's Altoona campus, and later, he interviewed for a head coaching position at the University of Virginia. What does it say about his desire to leave coaching that he volunteered in a high school program and then sought to do likewise at tiny Juniata College?

All of this raises the question of whether Sandusky was permitted a quiet exit from Penn State, and if so, whether Paterno knew the full picture? Schultz testified to the grand jury that he was aware of the 1998 investigation. Did he tell Paterno? Paterno told the Washington Post "I had never heard a thing" about prior bad behavior by Sandusky. He told the grand jury something different:

Q: Other than the incident that Mike McQueary reported to you, do you know in any way, through rumor, direct knowledge, or any other fashion, of any other inappropriate sexual conduct by Jerry Sandusky with young boys?


A: I do not know of anything else that Jerry would be involved in of that nature, no. I do not know of it. You did mention -- I think you said something about a rumor. It may have been discussed in my presence, something else about somebody. I don't know. I don't remember, and I could not honestly say I heard a rumor.

Which was it? The certainty of "I had never heard a thing" or the sworn testimony of "It may have been discussed in my presence"? What exactly did Paterno mean when he said "it may have been discussed in my presence, something about somebody." One possible interpretation is that he was referring to the 1998 incident.

Knight told the crowd of several thousand at the Bryce Jordan Center that Paterno suffered for his actions. No, sir, it was for his inactions.

Originally published in The Philadelphia Inquirer

 
 
 
  • Comments
  • 192
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
Page: 1 2 3 4  Next ›  Last »  (4 total)
08:34 PM on 03/08/2012
Thank you for this blog. Knight seems to be comfortable with the suffering of children, having built his empire largely on it. http://zombielogicblog.blogspot.com/2012/03/dr-strangedog-phil-knight-and-joe.html
09:51 PM on 02/08/2012
If, as one reader said in a post, columnist Smerconish is affiliated with a law firm that represents someone involved in this case, that affiliation must stated clearly and boldly at the top of every column Smerconish writes about the Sandusky case.

Smerconish's not entirely obvious bio says he is affiliated with the Beasley Law firm of Philadelphia, but I don't know if that firm is involved in the Sandusky case. Anyone know if it is?

If so, please post your source. I looked at the Beasley website, but after ten minutes couldn't find a direct statement that the firm represents someone involved in the case.

Maybe the firm does not. Maybe it does, but I missed it.
Please clarify if you can.
This user has chosen to opt out of the Badges program
photo
12:25 PM on 02/08/2012
"says the guy who outsources so he can use child labor".
This user has chosen to opt out of the Badges program
02:48 PM on 02/09/2012
Nike doesn't use child labor but there is strong evidence that their subcontractors and suppliers do - but then Phil Knight gets enough separation so he can deny its use. But didn't Newt suggest using child labor to replace adult janitors in schools so I guess Phil is just inspiring other good Americans like Newt - aka Family Values Gingrich.
10:03 AM on 02/08/2012
What About Board Meeting Minutes?

Has anyone looked at the minutes of board meetings to see if Sandusky's alleged activities were discussed? Or are such legally required minutes off-limits to mere police?

Has the chairman of the board said publicly that the matter was never discussed at any board meeting? If not, why not?

I don't believe for a second that any board member would forget a discussion of child molestation allegations. Board meetings aren't interesting enough to let something like that fade from memory.

I suppose access to the board's minutes has been for some time a major topic of discussion among all the lawyers making deals.

Still, the board is required to keep accurate minutes of its meetings, yet I don't recall that being mentioned in any press accounts. Must have missed it.
photo
HUFFPOST SUPER USER
sallybutt45
To thine own self be true.
01:38 AM on 02/09/2012
I am pretty sure that $$$$$ trumped everything else, aren't you? Also, remember that the little boys in question were not children of the affluent. Pedophiles stalk their prey, just like any predator, and they seek out the weakest in the " herd " the weakest, and the least likely to report. Paterno took it to the people above him. When this case gets to the courts, it will likely shock a lot of people, just how many we're aware of what this monster was doing.
06:22 PM on 02/10/2012
Let's see...the rape of poor children vs. huge profits and career gains for a few ambitious men.

Which wins in America under The New World Order?

I think you see very well which triumphs invariably under our current justice system.

You might think all the cops, lawyers, judges, businessman and Penn State administrators who lived posh lives while covering up the alleged rape of children would feel some shame.

You might think so....
This user has chosen to opt out of the Badges program
photo
06:27 AM on 02/08/2012
This whole story is strange, even the memorial service. But why would anyone bring up this investigation at a funeral? It's not the time or the place.
08:08 AM on 02/08/2012
look at oregon's uniforms and tell me that Phil Knight knows what he is doing
photo
Badger33
You may say to yourself...
01:51 AM on 02/08/2012
Given his business practices, how is he qualified to talk about character?
photo
Counterglow
Werner Heisenberg may have been right.
01:17 AM on 02/08/2012
I guess Knight can afford to be forgiving. Wasn't Nike raked over the coals for using child labour?
12:56 AM on 02/08/2012
Paterno's response was no different than most. In 1998 the social workers at the Centre County Child Protection and Pa Department of Public Welfare, like Paterno, knew about one possible crime. Despite their intentions, desire to help, empathy and commitment, none went beyond the minimum required legally with the knowledge they had of Sandusky.

Knowing Sandusky was working with children should have set off red-flags to these social workers who knew what he did in 1998. They did not go BEYOND the law and whisper warnings to the social workers and volunteers at The Second Mile. They didn't go beyond the law and check up on Sandusky after the charges were dropped, with the knowledge their positions within the child abuse prevention system provided, nor watched his actions on their own. They didn't contact the mother from the 1998 allegation and draw attention to her experience and possible safety issues for the Second Mile' children by telling the story more - despite a possible slander lawsuit; the safety of a child is more important.

Unfortunately none who say that Paterno should have gone beyond the law and "done more" did so when given the opportunity to do it with the knowledge they had either. Whatever excuses they use to justify their own lack of action won't evoke any understanding for Paterno though. Yet Paterno went beyond the law so MANY times in his life, for so many, that most will never even come close.
02:44 PM on 02/09/2012
One wonders why the mother from 1998 did nothing after the DA told her there would be no charges against Sandusky. She could have complained to Paterno or Spanier, gone to the newspapers or hired a lawyer and sued Sandusky, Second Mile and Penn State. I suspect she was paid off. If I was Louis Freeh, she would be at the top of the list of people to talk to.

I think the DA, PA Dept. of Public Welfare, county child protective services and Second Mile were much, much more responsible than Paterno. They should have seen to it that Sandusky was banned from unsupervised contact with Second Mile boys in 1998, just as a precaution. His actions may not have risen to the level of a crime but they were clearly inappropriate and highly suspicious.
04:42 PM on 03/23/2012
I don't think that the incident in itself is enough. Any guy out there ever take a shower with an adult male present? And the, "horseplay" isn't enough as well. It is enough to warrant the investigation that occurred, but Sandusky didn't incriminate himself.

I respect your thinking and posts, but as for the mom being paid off, do you really suspect that? If so, why would she have bothered with going to the cops? Wouldn't it have made more sense to go to Penn State or Second City? To suspect that she was paid off is to cast aspersions on her character that aren't warranted by the evidence.
04:37 PM on 03/23/2012
Have you stopped and asked why Second City has received a pass on the, "outrage"? Why they're not being asked to account for what they knew, did or didn't know? They knew about the 98 allegations and the 2002 ones as well.
photo
KidSafeMoms
Child Safety Expert
05:16 AM on 02/07/2012
Absolutely agree! We have written several blogs about this on our website and several online parenting sites we blog for - and we have received very nasty emails from Joe Paterno's fans who are extremely angry for putting to print the facts of Joe Paterno's inaction. It is sad in this day and age when child abuse is making headlines on a daily basis and the world is waking up to the fact that child abuse is an epidemic that there will always be people that see things in black and white when there are so many shades of grey. Yes paterno was a great football coach - but he failed to protect children when he could have. These two facts coexist and you can't change that!
01:16 AM on 02/08/2012
All those child safety workers in the State agencies and law enforment officer didn't do a thing with what they knew once the charges against Sandusky were dropped in 1998. The "stop child abuse" types did not go beyond the law, or the minimum of what their jobs required despite their knowledge either. Lots of heroes on the internet - few in real life despite your aggrandized views of yourselves.
photo
KidSafeMoms
Child Safety Expert
05:06 AM on 02/08/2012
I appreciate your anger and outrage over this story as I am too - but before you judge me - look at what i do to protect children www.kidsafefoundation.org - I run a nonprofit and teach adults and children prevention education to prevent child abuse - its my life's work - Our organization has taught over 25,000 children and have trained and lectured to thousands of adults - if you read our latest blog from a foster parent that received our training I hope it changes your mind!
02:51 PM on 02/09/2012
We don't know that yet because we have heard nothing from the alleged victim in 2002. If Paterno had called the police in 2002, and the boy sided with Sandusky that is was just horseplay, nothing would have happened to Sandusky, just as in 1998.

Sandusky had powerful friends and his Second Mile had contracts with county child protective services.

The Grand Jury report lied about McQueary's testimony when it said he saw "anal intercourse" and reported that to Paterno. McQueary testified at the Curley/Schultz preliminary hearing that he never used that term, or anal or rape and used no graphic language with Paterno out of respect.

He testified that he saw no sexual contact, just suspected it.
04:54 PM on 03/23/2012
A clarification: Dr. Jonathan Dranov, colleague and friend of McQueary's father testified that McQueary didn't say that he saw sexual contact, and three times denied that he witnessed anything sexual.

This account is consistent with both Schultz's account.
04:46 AM on 02/07/2012
"Show me a hero and I will write you a Tragedy"---F.Scott Fitzgerald
04:24 AM on 02/07/2012
I totally agree with this article and I believe Paterno know a lot more than he indicated. Apparently his legacy and the football program were much more important than the lives of defenseless boys subject to a sexual predator. Paterno fulfilled his legal responsibilities ,but he abdicated his moral one big time.
thebigbike
ran away to be a cowboy
12:23 AM on 02/07/2012
I've seriously disliked Nike's business practices for along time, I won't even buy used NIke stuff, won't even accept it as a gift, and I'm just confirmed in that now. Paterno's "legacy" is forever tainted and Knight's whitewash don't get it
HUFFPOST SUPER USER
jstrate
11:45 PM on 02/06/2012
There's been a lot of moral posturing about Paterno and what he didn't do. Isn't there scientific research that shows that people in "Good Samaritan" situations where there are others around typically do not come to the aid of the victim? People like to think that they would, but they don't. If it's everybody's responsibility, it's nobody's responsibility. Before he died, Paterno said that he regretted that he had not done more, but my guess is that 90% or more of coaches in a similar situation would have done no more than he did.
photo
HUFFPOST SUPER USER
Ferrante Eric Fotografie
Pres.Obama is my neighbor in Chicago
12:40 AM on 02/08/2012
And they all would be wrong and partially to blame for all that happened afterwards.
05:00 PM on 03/23/2012
I'm a former school teacher, and have on several occasions had allegations reported to me and turned them over to the appropriate authorities. If I found out that something terrible happened to one of the reportees, it would be natural for me to feel terrible and to regret that I had not done more. That's a natural response in a decent human being, even when nothing more could have been done.

We think we have more control over events than we actually do. This is a shortcoming of Americans.
10:58 PM on 02/06/2012
Michael, he had no knowledge of the 1998 incident. How can you say that Paterno's involvement goes back to 1998. That is completely false. Seriously, you need to find ONE factual example of this ANYWHERE. Completely, 100% false. Keep making things up to support your point.
Glad to see the Huffington Post allows you to commit LIBEL by writing something that isn't true.
04:32 AM on 02/07/2012
Paterno knew everything that went on in that campus and he had a lot of clout. Paterno told Sandusky that he would not be head coach at Penn St in 1998. In 1999 Sandusky resigned from the Football Program. Paterno knew..he heard the rumors and he knew about the investigation of the boy in the shower with Sandusky in 1998. I don't need scientific evidence . I.read the Sandusky grand jury indictment available to all on the Internet.
11:30 PM on 02/07/2012
The 1998 investigation was a very closed investigation between the University Police and the Centre County DA's office. There was a 100 page report generated, but when the DA declined to press charges, it was not shared, and in his latest hearing, Gary Schultz, the liason between the DA and the University Police in 1998, stated that not even he was given a copy of that report. Paterno and Curley had stated they were not told of the 1998 investigation, no one has come forward to refute their claims, no one around Penn State football or in the community has come forward to say they were aware of "rumors" in the 1998-1999 time frame, yet everyone with no familiarity with Penn State football at the time is just so sure that Paterno just had to know. How desperate do you people have to be to assign blame to Joe Paterno in this case? Really?
03:03 PM on 02/09/2012
Correct. There are very well known reasons why Sandusky retired in 1999. Paterno told him he would not become head coach because he spent too much time on Second Mile. A boy in the Grand Jury report remembers how upset Sandusky was when told he would not become the next head coach.

It would be natural not to want to continue working for Paterno after he betrayed him. Paterno's words may have also prompted Sandusky to realize Second Mile was more important to him than becoming a head coach.

Sandusky had the option of "retiring" from Second Mile and becoming a head coach at Penn State or elsewhere. He was offered the head coach job at Virginia after he retired but did not accept it.

Retiring allowed Sandusky to avoid the embarrassment of being passed over for head coach after the sports press had considered him to be Paterno's heir apparent. He also got a good retirement deal at the time.
photo
phal4875
The world is run by cats; we just feed them.
07:42 PM on 02/06/2012
I have a simple question: Would Paterno have done exactly the same thing if the boy were his own grandson? Zero people out of one hundred would think so. Enough said about morality if he treated poor kids in a way that he would not have treated someone close to him.
11:33 PM on 02/07/2012
This is such a weak argument. If it were his grandson, or any other known victim, perhaps his actions would have been different. At the time, the next day, there was no victim, and all Paterno had was a second hand story, with a nameless victim long gone from any crime scene.
HUFFPOST SUPER USER
annis
07:51 AM on 02/08/2012
You just made the strongest argument. It was all about secrecy.
03:07 PM on 02/09/2012
You can ask that same kind of question for the mother whose son Sandusky molested in 1998. She certainly had a personal interest in the case.

After the DA refused to charge Sandusky, why didn't she do more like call the newspapers, complain to Paterno, Spanier or the Board of Trustees or hire a lawyer and sue Sandusky, Second Mile and Penn State. She could have publicly exposed Sandusky in 1998.