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Sports Lawyers Weigh In

  • Attached is the article that someone referenced would be coming from Stefanie Loh of the Patriot News. Looks like if we cooperate and self-impose sanctions we may avoid more severe punishments.

    This post was edited by paupacklion on 7/1/2012 at 8:48 AM

    Legal experts: New evidence of cover-up reflects grim future for Penn State football

    The discovery of an email chain linking Penn State administrators to Joe Paterno has transformed the way sports law experts are looking at the Penn State-Jerry Sandusky child sex abuse scandal and what the NCAA might do to penalize the football program.

    blog.pennlive.com

    ...and if you're not down with that, then I got 2 words for ya.."suck it!!"

    paupacklion

  • This was already commented on in the twitter thread, and someone correctly pointed out that we can't receive the death penalty if we aren't repeat offenders. This article just proved these "experts" they have don't have a damn clue what they're talking about.

    stigs007

  • In 5 minutes I can have a sports lawyer represent me and rip these asshats to shreds. Also, ther argument is completely hypothetical stating "if" the emails show Joe said not to go to police. When Curley testifies that he asked Joe what MM told him and then decided he had even less evidence than in 1998 and that's why he told Schultz he was uncomfortable, these "experts" and "journalists" will look like dumbasses but they won't care - they'll jut move on to the next story.

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    RWC5113

  • I have no desire to click the link and give them another hit, but do the experts put their name to this? Or are they staying anonymous?

    stigs007

  • There are names with the opinions. Other than the first week or so back in November this is the first time that I am starting to think that some type of sanctions are in the cards. It basically is going to come down to what Curley says that conversation with Joe was about. The other thing about Joe's name being in the emails is that he said that after he passed it up the chain he was not involved.

    NittanyNick

  • stigs007 said...

    I have no desire to click the link and give them another hit, but do the experts put their name to this? Or are they staying anonymous?

    They out their name. Just hedge their bet on the "if it's true Joe made them not go to police."
    So again, nothing but a fluff piece that states it's headline as factual, yet the content has no substance.

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    RWC5113

  • This is what passes for journalism today. The chain of command was clear here when spanier approved the approach. And to assume what role paterno played based on his name reference in an email is equally absurd. This article is just pathetic.

    PSUkurt

  • Spanier is the one who made the final & binding decision.

    Let's say, hypothetically, that Paterno was evil & tried to change Curley's mind.
    In the end, it is still Spanier's final decision.

    This is an institutional issue, not an athletic department issue. No NCAA involvement.

    WebSiteMob

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    PSUGeddy

  • WebSiteMob said...

    Spanier is the one who made the final & binding decision.

    Let's say, hypothetically, that Paterno was evil & tried to change Curley's mind. In the end, it is still Spanier's final decision.

    This is an institutional issue, not an athletic department issue. No NCAA involvement.

    I don't disagree, but ESPN has already made it their talking points similar to other mainstream news outlets. Topic of conversation this morning for Freddie Coleman..."Should PSU get the death Penalty"? I was always under the impression that the NCAA governed college athletics and not the institutions themselves. This was a horrible criminal act and it was disgusting all the way around. No way around it, but where exactly did the Athletic rules get broken. This wasn't covering up a paid player or recruiting violation, this was 50 times beyond that. We all get that, but how again does the NCAA rule on such a matter. I honestly don't think they have the capacity to deal with it. The thing that scares me is those calling for the death penalty don't even stop to ask which rule was broken. What history of NCAA rules were broken? PSU jacked this up to no end, but if it were a retired professor or a baseball coach...it's not even on the news anymore. This is still about Paterno as they know that name will draw the ratings. I never thought the NCAA could or would be able to do anything, but nobody is going to call them out if they do.

    This post was edited by LaJollaLion on 7/1/2012 at 11:11 AM

    "One man didn't build this program and one man sure as hell cannot tear it down."

    LaJollaLion

  • Sandusky wasn't a coach. Spanier and Curley have every right to seek Joe's opinion. He didn't force them to do anything. How seeking opinions somehow constitutes a lack of institutional control is beyond me.

    Is the author seriously suggesting that Joe Paterno cannot give advice to his superiors, one of whom was a mere child when Joe took over at PSU? Joe, regardless of his position, was the senior member of this group.

    These emails do one thing: Damage Joe Paterno and the administrators who are currently under investigation. Not sure some emails without context somehow open the floodgates for the NCAA.

    new-era said... Psu doesnt have enough to beat the conferences better teams and wiscy is one of them.

    leftcoastlion

  • Legal and journalistic rigor is something we see less and less of. We see peoples emotional wants and needs placed above the integrity of their charters. Leaving asside the idea that the NCAA would have to expand their legitimate powers to apply sanctions, we should inquire as to the purpose of sanctions: Is it assumed that Penn State has not paid a heavy enough price? Consider all the many impacts to our entirety institution let along our sports program(s). The focus should be meating out punishments to the "gang of 5", through the criminal justice process. Make no mistake about it, calls for "death penalty" are made by - what amounts to the ''mob" - whose motivations are often not much more complicated than improving the outlook of their own football programs.

    RRR56

  • This article made me laugh. They took "after talking to Joe" to the next logical step of Joe overriding his bosses and creating a cover-up. Of course, if you are going to cover something up, why tell anyone in the first place? Joe is dead and he didn't use email. Even if this unlikely scenario is somehow true, it can't be proven. And I still don't see how it would be an NCAA issue let alone deserve the death penalty. Expect more of this crap until the report is released.

    "With the email chain that has just surfaced, the argument that the Penn State scandal falls outside NCAA jurisdiction because it is criminal in nature no longer holds water." - lol, really? Because you read a quote taken out of any context saying "after talking to Joe"? Please.

    This post was edited by JettaPSU2001 on 7/1/2012 at 12:24 PM

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    JettaPSU2001

  • RRR56 said...

    Legal and journalistic rigor is something we see less and less of. We see peoples emotional wants and needs placed above the integrity of their charters. Leaving asside the idea that the NCAA would have to expand their legitimate powers to apply sanctions, we should inquire as to the purpose of sanctions: Is it assumed that Penn State has not paid a heavy enough price? Consider all the many impacts to our entirety institution let along our sports program(s). The focus should be meating out punishments to the "gang of 5", through the criminal justice process. Make no mistake about it, calls for "death penalty" are made by - what amounts to the ''mob" - whose motivations are often not much more complicated than improving the outlook of their own football programs.

    Well stated. I see this is your second post, welcome to the site and post more often.

    danmcc

  • This article is full of speculation and opinion.

    The only way the NCAA does anything substantial is if (a) there is more specific evidence or testimony that Joe specifically directed a cover-up, or (b) PSU endorses a version of the events that pins all blame on Joe and then admits a serious NCAA violation. I think the former is highly unlikely. I think the latter is also unlikely, even with a conniving BOT and apologetic President.

    Until then, this is just fodder for sports talk in one of the slowest time of the sports year -- the time between the NBA Finals and start of NFL camp

    This post was edited by Cambria Nittany on 7/1/2012 at 12:38 PM

    Cambria Nittany

  • RRR56 said...

    Legal and journalistic rigor is something we see less and less of. We see peoples emotional wants and needs placed above the integrity of their charters. Leaving asside the idea that the NCAA would have to expand their legitimate powers to apply sanctions, we should inquire as to the purpose of sanctions: Is it assumed that Penn State has not paid a heavy enough price? Consider all the many impacts to our entirety institution let along our sports program(s). The focus should be meating out punishments to the "gang of 5", through the criminal justice process. Make no mistake about it, calls for "death penalty" are made by - what amounts to the ''mob" - whose motivations are often not much more complicated than improving the outlook of their own football programs.

    Very well said!

    The talking heads want to punish the football program to satisfy their own sense of self righteousness.

    Sanctions will do nothing to help the victims, in fact you could argue punishing the money making program could even hurt the victims.

    Sanctions do nothing to punish JS, he's already convicted and will spend the rest of his life in jail. They do nothing to punish the Gang of 5, they are no longer part of the University, and at least two and possible a third will be on trial for their alleged crimes.

    The media wants their pound of flesh and the football program has the meat. They made this story about Joe & the program from the very beginning and will continue to beat that drum.

    They don't give a rat's ass about the actual victims, they just want the program to suffer because they either don't like Penn State to begin with, or they've bought into the storyline that the alleged cover up was to protect the program, despite the evidence that any cover up was meant to protect the University as a whole.

    This post was edited by rck127 on 7/1/2012 at 12:45 PM

    rck127

  • danmcc said...

    Well stated. I see this is your second post, welcome to the site and post more often.

    Thanks danmcc...

    RRR56

  • rck127 said...

    Very well said!

    The talking heads want to punish the football program to satisfy their own sense of self righteousness.

    Sanctions will do nothing to help the victims, in fact you could argue punishing the money making program could even hurt the victims.

    Sanctions do nothing to punish JS, he's already convicted and will spend the rest of his life in jail. They do nothing to punish the Gang of 5, they are no longer part of the University, and at least two and possible a third will be on trial for their alleged crimes.

    The media wants their pound of flesh and the football program has the meat. They made this story about Joe & the program from the very beginning and will continue to beat that drum.

    They don't give a rat's ass about the actual victims, they just want the program to suffer because they either don't like Penn State to begin with, or they've bought into the storyline that the alleged cover up was to protect the program, despite the evidence that any cover up was meant to protect the University as a whole.

    rck127 - I should return the compliment as you are right on. In addition to satifiying this sense of self righteousness, this story fits a sort of narritive the media loves and that has allowed it to gain more traction. The media types love the contrast of anything that stands as a "good example". Their unstated assumption is that there really is nothing good...Behind every door evil lurks. In some sense they're right; man is fallen. Penn State is, in most ways, no different than other universities in good standing. We generally have tried to do things right, but unfortunately have been extremely poorly served by these empty suits that have led us. A lesson here is to scruitinize our leadership and pick men and women who understand all the aspects of good leadership - not just folks that look the part. We have to look hard because folks like that seem to be in short supply in our country today..

    RRR56

  • Love PSU football for a long time - back to when you did America a favor and took down the 'Canes in '83. But let me tell you as an ally you are delusional if you don't think that something bad, real bad is coming. Again, all the best but the writing is on the wall.

    BTW, PSU alums are the best people - all positive interactions, class through and through - that is what is going to make what happens so sad. Best.

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    NDNJ96

  • NDNJ96 said...

    Love PSU football for a long time - back to when you did America a favor and took down the 'Canes in '83. But let me tell you as an ally you are delusional if you don't think that something bad, real bad is coming. Again, all the best but the writing is on the wall.

    BTW, PSU alums are the best people - all positive interactions, class through and through - that is what is going to make what happens so sad. Best.

    Agreed. If my team were going through this I would be grabbing at anything I could to help me hold out hope just like everyone here is. But, as an outsider with no emotional involvement in the team, it doesn't look good. Seems like some on here are reaching for legal nuances in making the case for State stating out of trouble.

    Keep in mind the NCAA has substantially more latitude than a court of law when it comes to sanctions. The allowance of "secret witnesses" in the Albert Means case and no hard evidence that wasn't circumstantial in the Reggie Bush case taught us that. Public pressure will be in play as well.

    I hate what happened to the kids and Sandusky is a monster that deserves all that he is about to get and more. That said, it would also sad to me to see people that had no involvement at all get hit so hard. The fans I met in our two games with y'all the last two years were among the classiest I have ever had the pleasure of interacting with.

    Again, I hope it doesn't happen, but, I feel like something will come down. Just an outsiders opinion.

    Poor bastards getting off the bus in Tuscaloosa will probably feel like those dumped on Omaha Beach - Unknown Vol's fan

    acp2621

  • Plenty of public pressure during the Cam Newton saga to slam Auburn. And the NCAA didn't do anything over a minor technicality (Cam "didn't know") in which everyone would've understood if they absolutely hammered Auburn and would not have set some sort of dangerous precedent like they would in this case if they were to take action.
    And the Auburn saga involved a direct pay-for-play effecting competitive advantage for the top player in the nation.
    In this case, there still hasn't even been an NCAA rule broken.
    I appreciate your sentiments greatly. But I don't consider it naive when I'm just going by the facts and "ignoring the noise," (to put it VERY nicely) so to speak.

    This post was edited by RWC5113 on 7/1/2012 at 4:05 PM

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    RWC5113

  • NDNJ96 said...

    you are delusional if you don't think that something bad, real bad is coming.

    If I was a Miami fan, then yes. But sorry, I still don't see the NCAA's involvement in this one. But thanks for the support.

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    JettaPSU2001

  • If Joe said don't got to the police it is still not an NCAA violation, it involved a former employee. If Penn State does get into any trouble with the NCAA it will be from Joe, Curly or Spanier interfering with the legal process of players or academic affairs to keep the eligible.

    “Never trust a government that doesn't trust its own citizens with guns.” Benjamin Franklin

    psuproud

  • NDNJ96 said...

    Love PSU football for a long time - back to when you did America a favor and took down the 'Canes in '83. But let me tell you as an ally you are delusional if you don't think that something bad, real bad is coming. Again, all the best but the writing is on the wall.

    BTW, PSU alums are the best people - all positive interactions, class through and through - that is what is going to make what happens so sad. Best.

    Not being a smart arse but I think you meant 86-87 season. 82 was UGA...

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    Colorado Lion

  • RWC5113 said...

    Plenty of public pressure during the Cam Newton saga to slam Auburn. And the NCAA didn't do anything over a minor technicality (Cam "didn't know") in which everyone would've understood if they absolutely hammered Auburn and would not have set some sort of dangerous precedent like they would in this case if they were to take action. And the Auburn saga involved a direct pay-for-play effecting competitive advantage for the top player in the nation. In this case, there still hasn't even been an NCAA rule broken. I appreciate your sentiments greatly. But I don't consider it naive when I'm just going by the facts and "ignoring the noise," (to put it VERY nicely) so to speak.

    Agree. Hell Daddy Newton even admitted he ask for money and Cam said he knew nothing of it. Auburn said they didn't pay and NCAA has nothing!

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    Colorado Lion