![]() And a vigorous prosecutor would seek to prove that Curley is calling the shots, which means putting forward evidence showing that Paterno did not order the cover-up. Because of the evidentiary burdens placed on the prosecution (which is forced to hand over any exculpatory evidence to the defendant), Curley's counsel will have plenty of time to accumulate such evidence and, as I noted back in July, he can escape a lot of criminal and civil liability if he pins the decision not to report Sandusky on Paterno.Įven if Curley can get the prosecution to drop its case, he still has the incentive to argue that Paterno was calling the shots in civil cases against him. ![]() But ultimately these so-called deficiencies and competing reports will be rendered irrelevant as criminal and civil cases against Penn State and its employees progress.Ī more definitive accounting of the events leading to Paterno's role will most likely come out at Curley's trial. ![]() Just because Freeh couldn't do the impossible does not mean that his investigation was inadequate. It also says the Freeh Report is deficient in part because it did not interview Ray Gricar, the former Centre County district attorney who has been missing since 2005. The Paterno Report complains that Freeh didn't interview people who have invoked their Fifth Amendment right against making self-incriminating statements. Some of the criticisms of the Freeh Report ring hollow though. More: Penn State fans react College football coverage
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