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Paterno report by Dick Thornburgh Final Report 2-7-2013

Paterno report by Dick Thornburgh Final Report 2-7-2013

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Published by The Morning Call
Dick Thornburgh served as Attorney General of the United States from 1988-1991, leading an unprecedented attack on white-collar crime and establishing strong ties with law enforcement agencies around the world to help combat drug trafficking, money laundering and terrorism
Dick Thornburgh served as Attorney General of the United States from 1988-1991, leading an unprecedented attack on white-collar crime and establishing strong ties with law enforcement agencies around the world to help combat drug trafficking, money laundering and terrorism

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Published by: The Morning Call on Feb 10, 2013
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02/10/2013

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Review of the Freeh Report Concerning Joseph Paternoby Dick Thornburgh
 K&L
 
G
ATES
LLP1601 K Street, N.W.Washington, D.C. 20006(202) 778-9000February 6, 2013
 
 
TABLE OF CONTENTSPage
I. Introduction and Executive Summary.................................................................................1II. Background..........................................................................................................................5A. Sandusky Conviction and Charges Against Messrs. Curley, Schultz andDr. Spanier...............................................................................................................5B. Freeh Report Process...............................................................................................7III. Process of My Review.........................................................................................................8IV. The Freeh Report’s Findings with Respect to Mr. Paterno Are Flawed..............................9A. The Goals of a Proper Internal Investigation...........................................................9B. Deficiencies in the Freeh Report............................................................................101. Defects in the Process of the SIC’s Investigation......................................11a. Failure to Identify Witnesses Interviewed or to Interview KeyWitnesses.......................................................................................11b. Failure to Adequately Address Documentation Issues..................15c. Inappropriate Reliance upon Grand Jury Testimony andPresentment....................................................................................162. There Is No Credible Evidence to Support the Finding That Mr.Paterno Conspired with Others to Cover Up Mr. Sandusky’sActions.......................................................................................................183. The Freeh Report’s Conclusions About Mr. Paterno Are NotAppropriately Supported............................................................................22a. The Report’s Findings Concerning Mr. Paterno’s Knowledgeof the 1998 Incident Are Unfounded.............................................22b. The Report’s Conclusions About Mr. Paterno’s Actions withRespect to the 2001 Incident Suffer from NumerousDeficiencies and Are Not Supported by the Record......................28c. The Freeh Report’s General Conclusions About Mr. PaternoLack Support..................................................................................324. Substantive Errors in the Freeh Report Call Into Question theReport’s Accuracy and Credibility............................................................355. A Public Statement Made by Mr. Freeh Is Not Supported by HisReport.........................................................................................................36V. Conclusion.........................................................................................................................37 
 
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Introduction and Executive Summary
I was asked by the family of former Pennsylvania State University (“Penn State” or the“University”) head football coach Joseph V. Paterno to perform an independent and objectivereview of the Freeh, Sporkin and Sullivan LLP (“FSS”) report (the “Freeh Report” or the“Report”). FSS was appointed Special Investigative Counsel (“SIC”) to a Task Force of theBoard of Trustees of the University to conduct an investigation of the University’s response tothe child abuse charges against former Penn State assistant football coach Jerry Sandusky. TheReport was released on July 12, 2012.At the outset, I believe that the conduct of Mr. Sandusky was reprehensible, and he hasbeen dealt with appropriately by our justice system. The lives of the victims of Mr. Sanduskywill never be the same, and I feel for them and their families. My review did not consider theconduct of Mr. Sandusky, but rather was focused solely on the findings of the Freeh Reportconcerning Mr. Paterno. I evaluated the Report to determine whether statements made by theSIC were accurate, fair and supported by the record. The Paterno family did not ask me to reachany particular conclusion, and I offer no opinion with respect to the findings in the Freeh Reportrelated to any other person. In conducting my review, I drew upon my experience as a formerprosecutor and Attorney General of the United States, as well as my expertise in conductingindependent internal investigations. I was assisted in my review by my colleagues at K&L GatesLLP.Perhaps the most significant finding of the Freeh Report was that Mr. Paterno knew aboutcritical facts relating to the child abuse by Mr. Sandusky in 1998 and 2001, but repeatedly

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