The case against Joe Paterno: Weak to non-existent on the current record

From POWERLINE:

…First, with respect to the 1998 incident, the Freeh Report says that several authorities promptly investigated and reviewed the matter, including the Department of Public Welfare, the University Police Department, the State College police, and the local district attorney’s office. Freeh Report at 42-47. A “counselor” named John Seasock issued a report that found “no indication of child abuse.” Freeh Report at 42-46. Mr. Seasock interviewed the alleged victim and determined that “there seems to be no incident which could be termed as sexual abuse, nor did there appear to be any sequential pattern of logic and behavior which is usually consistent with adults who have difficulty with sexual abuse of children.” Freeh Report at 44 (quoting Mr. Seasock’s 1998 evaluation of the alleged victim). The Freeh Report adds that Mr. Seasock “couldn’t find any indication of child abuse.” Freeh Report at 45.

Paterno of “allow[ing] Sandusky to retire in 1999, not as a suspected child predator, but as a valued member of the Penn State football legacy.” Freeh Report at 17. The Freeh Report’s expression of outrage may sound compelling now, with the benefit of hindsight and the evidence that now exists about Sandusky’s criminal misconduct. But given that (1) law enforcement officials and other people investigated the 1998 incident and found no wrongdoing; (2) Seasock’s report exonerated Sandusky; (3) the District Attorney declined to prosecute the case; (4) Sandusky denied the allegations; and (5) the complete lack of evidence about Mr. Paterno’s knowledge, involvement, and actions, it is difficult to see how Mr. Paterno can be subject to ridicule because he “allowed” Sandusky to retire “not as a suspected child predator.” …

Furthermore, if Mr. Paterno had reported the McQueary information to me (were I, like Schultz, the official in charge of the University Police), I would have told him to keep his mouth shut going forward and let the authorities handle the matter. Otherwise, Mr. Paterno could have tainted the investigation. And, because he was a potential trial witness (to McQueary’s prior consistent statements, see Federal Rule of Evidence 801(d)(1)(B) and Pennsylvania Rule of Evidence613(c)), any further statements or action by Mr. Paterno could have become cross-examination fodder for the defense. Any further action by Mr.Paterno could only have damaged the integrity of the investigation and any prosecution against Sandusky…

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EDITOR: It is time to investigate how and why the NCAA rushed to its decision.