Yeah, it’s really a complicated legal question as to whether Joe Paterno is in any way guilty of a crime. But here’s the thing, Joe Paterno is Penn State. He has set the tone for their program for generations, his influence dramatically transcends the athletic department. He has made major contributions to the University, he has buildings on campus named after him, he was Athletic Director for some time. It is well known that he essentially controls the Athletic Department and additionally that he is probably the most powerful man at PSU.
We have no idea if Paterno knew anything in 1998, the details on that incident are still very murky (and strangely the District Attorney involved in that case disappeared from the face of the Earth, and his successor claims to not have all the files/details on that case.) However, given Sandusky was being groomed as Joe Paterno’s successor it is very odd that he left when he did, so abruptly. It makes me think something was known.
Even if you try to find ways to excuse Paterno, it really just isn’t possible at this time. Okay, so he goes up the chain of command about this incident. I get that, it makes sense, you would go to the AD to talk about this report. However your next step should have been the police, no questions about it. The only reason to even involve the AD is to make them aware of what is going on, and because he was Sandusky’s boss, technically. I’m not sure what official capacity Sandusky had at the University after his 1999 retirement, but all the news articles I’m reading say that he was under the VP for Finance and Business (Gary Schultz) who reported to the AD directly.
Once Paterno reported it to the AD, why didn’t he go to the police? Once some time had passed, why didn’t Paterno follow up? Why didn’t he ask the AD why Sandusky was still on campus? Why hadn’t the police been by conducting an investigation? Even if you assume the very best about Joe Paterno, he heard about a child being abused in his football facilities, and all he did was kick it up to his boss and never followed up on it again. I’m sorry but when you’re a man with the prestige, position, and responsibility of Joe Paterno you have a greater responsibility than that–maybe not legally, but certainly ethically.
The reality is that Paterno probably knew the entire sordid story. The GA that went to talk to Paterno (who is now an assistant coach btw), went to speak with Paterno at his home. It is reported that he suffered serious emotional trauma from witnessing this, I have a feeling he went to Paterno and laid it all out there, because he needed to talk to someone about it. Once the administration heard about it, they did everything they could to ignore it and make sure it didn’t go public. What is even worse is they let Sandusky continue on as a Penn State employee, and let him continue to have access to the facilities. Do you really think that when the decision was made to let Sandusky stick around and to just warn him “don’t bring any boys onto campus” that Joe Paterno was not either involved in the discussions leading up to that or at the very least informed of them?
Joe Paterno’s son has released a statement on behalf of his father today that makes him look absolutely horrible. He says that his father grew up in a “Norman Rockwell” painting, and that the GA was not specific about what happened. He’s basically doing the whole, “my dad is an old man who grew up in a different time, he doesn’t even understand horrible stuff like that, I mean this stuff didn’t happen in the 40s and 50s!.” That’s absolute horseshit, though, Joe Paterno didn’t grow up in a Norman Rockwell painting and it doesn’t matter if all the GA said was “I saw Sandusky sexually abusing a boy”, Paterno didn’t need to know the specifics of the abuse, but just that the abuse was happening. What’s even worse is Paterno’s son (an attorney) has said that Paterno couldn’t have gone to police, because they would not have investigated the matter because it is “hearsay.” I don’t know where he got his J.D., but that’s just absolutely idiotic. As any lawyer could tell you, the hearsay rule excludes evidence at trial. The police have specific requirements (like probable cause, reasonable suspicion etc) to take certain actions, but they don’t need any formal barriers to be overcome to follow up on a report. Sure, if all they had was Paterno saying, “Someone told me that they saw Jerry Sandusky abusing a child” that may not be enough for police to get search warrants and all that on Sandusky. But they would have listened, because it was Joe Paterno. They would have immediately interviewed the GA, who was a direct eyewitness, and they would have then definitely been able to get warrants against Sandusky. Maybe not for his arrest but definitely to search his house and to get into his life, get his calendar and his personal files, get access to the people at The Second Mile charity so they could get to the bottom of who the victim was and then they could have proceeded from there.
What’s really, absolutely terrible about all this is if you read Sandusky’s bio it is almost certain he has victimized an enormous number of children. He started The Second Mile as a charity in the 1970s, and that has given him continuous access to young children since that time. Further, it is reported that his family has taken in many foster children throughout the years. I sincerely wonder if even a single one of his male foster children went through his house and escaped serious sexual abuse at his hands.
I think PSU also has massive legal liability for this, and I hope that if there are more children who were victimized on PSU facilities they all come forward and sue. I’m sorry but they deserve serious compensation, especially any of them who were abused after 2002 when it was definitively shown PSU knew what kind of person Sandusky was.