September 18, 2013
For nearly two years, Penn Staters and many others have made one simple demand: Find the full truth in the Sandusky tragedy.
Do it transparently, so we can learn how to prevent future similar tragedies that are happening every day across this country.
As anyone with an open mind must admit, we have not reached that goal. The Freeh report had a chance to do so, but it failed miserably.
Its methodology and conclusions have been discredited – by the facts, by my family’s own report by leading experts in their fields and by
prosecution witnesses in subsequent legal proceedings.
And just two weeks ago, it was dealt what should be the final blow to its credibility by the investigating prosecutor, Frank Fina.
Fina was asked if Joe Paterno was part of a cover-up, and he answered plainly, “I did not find that evidence.”
With that one direct statement of fact, the central conclusion of the Freeh report’s rush to injustice – that Joe Paterno was part of an elaborate
cover-up – was disproven. A thorough investigation by either Freeh or the NCAA – as should have happened had they followed their regular procedures – would have reached the same conclusion as the Attorney General’s office.
Freeh’s report left many other questions that the various legal proceedings likely will answer based on actual evidence – and that formal due
process is an important part of getting the full truth. As we said when we presented our report, the full story is still yet to be told.
But today, without another single piece of evidence needed, we know this: the NCAA sanctions are unjustified.
Further, it is long past time for the rest of the Board of Trustees to stand with their fellow Trustees in our suit against those sanctions.
Their fiduciary duty demands as much.
After all, if there was no cover-up by Joe Paterno – if the Freeh report was so wrong about its most damning conclusion – then on what basis
is Penn State football being sanctioned? NCAA President Mark Emmert said they based their actions entirely on the Freeh report. If the Freeh report is unsupportable by facts, then so are the sanctions.
Yet, to date, the Board has not demanded that the NCAA start over. There has been nothing but a steady chorus of “move on,” even as each day
more evidence shows that the Board’s actions in November 2011 and again in July 2012 were hasty and ill considered.
The truth will be uncovered, either through our litigation or the board acting in the best interests of Penn State by finally examining the Freeh
report and its conclusions.
One important purpose of our lawsuit is to require the NCAA to explain its process and actions in a transparent manner, which it has utterly
failed to do before now. In the courtroom, due process is honored and allegations and assertions must be made under oath. This is what should
have happened from the beginning. This lawsuit is not about simply restoring Joe Paterno's reputation. And it is not about money or winning vindication. It is about finding the truth so the healing process can begin for the victims and everyone impacted by this tragedy.
Mr. Freeh has said he would appear before the Board to defend his report at their request, and our team stands ready to present and answer any
questions the board might have. The events of the last three weeks alone make that a prudent and necessary step for any serious fiduciary of this University. The truth should scare no one, yet barriers are continually raised, denying a community of people unfairly smeared by Freeh’s unsupported conclusions answers to which they are entitled.
The March4Truth is the latest example of this community seeking answers from people unwilling to provide them. We applaud this effort and
hope the Board will see it as further proof that the just course is also the correct course:
● Examine the Freeh report and be willing to admit it got the major conclusions wrong.
● Reject the consent decree formally.
● Demand that the NCAA conduct a proper investigation.
● Let the truth speak for itself and stop acquiescing in the false conclusion that the Penn State
community is responsible for a tragedy that has but one person truly to blame – Jerry Sandusky.
All the best,
Scott Paterno
PSU BA '97
Dickinson School of Law ‘00
For nearly two years, Penn Staters and many others have made one simple demand: Find the full truth in the Sandusky tragedy.
Do it transparently, so we can learn how to prevent future similar tragedies that are happening every day across this country.
As anyone with an open mind must admit, we have not reached that goal. The Freeh report had a chance to do so, but it failed miserably.
Its methodology and conclusions have been discredited – by the facts, by my family’s own report by leading experts in their fields and by
prosecution witnesses in subsequent legal proceedings.
And just two weeks ago, it was dealt what should be the final blow to its credibility by the investigating prosecutor, Frank Fina.
Fina was asked if Joe Paterno was part of a cover-up, and he answered plainly, “I did not find that evidence.”
With that one direct statement of fact, the central conclusion of the Freeh report’s rush to injustice – that Joe Paterno was part of an elaborate
cover-up – was disproven. A thorough investigation by either Freeh or the NCAA – as should have happened had they followed their regular procedures – would have reached the same conclusion as the Attorney General’s office.
Freeh’s report left many other questions that the various legal proceedings likely will answer based on actual evidence – and that formal due
process is an important part of getting the full truth. As we said when we presented our report, the full story is still yet to be told.
But today, without another single piece of evidence needed, we know this: the NCAA sanctions are unjustified.
Further, it is long past time for the rest of the Board of Trustees to stand with their fellow Trustees in our suit against those sanctions.
Their fiduciary duty demands as much.
After all, if there was no cover-up by Joe Paterno – if the Freeh report was so wrong about its most damning conclusion – then on what basis
is Penn State football being sanctioned? NCAA President Mark Emmert said they based their actions entirely on the Freeh report. If the Freeh report is unsupportable by facts, then so are the sanctions.
Yet, to date, the Board has not demanded that the NCAA start over. There has been nothing but a steady chorus of “move on,” even as each day
more evidence shows that the Board’s actions in November 2011 and again in July 2012 were hasty and ill considered.
The truth will be uncovered, either through our litigation or the board acting in the best interests of Penn State by finally examining the Freeh
report and its conclusions.
One important purpose of our lawsuit is to require the NCAA to explain its process and actions in a transparent manner, which it has utterly
failed to do before now. In the courtroom, due process is honored and allegations and assertions must be made under oath. This is what should
have happened from the beginning. This lawsuit is not about simply restoring Joe Paterno's reputation. And it is not about money or winning vindication. It is about finding the truth so the healing process can begin for the victims and everyone impacted by this tragedy.
Mr. Freeh has said he would appear before the Board to defend his report at their request, and our team stands ready to present and answer any
questions the board might have. The events of the last three weeks alone make that a prudent and necessary step for any serious fiduciary of this University. The truth should scare no one, yet barriers are continually raised, denying a community of people unfairly smeared by Freeh’s unsupported conclusions answers to which they are entitled.
The March4Truth is the latest example of this community seeking answers from people unwilling to provide them. We applaud this effort and
hope the Board will see it as further proof that the just course is also the correct course:
● Examine the Freeh report and be willing to admit it got the major conclusions wrong.
● Reject the consent decree formally.
● Demand that the NCAA conduct a proper investigation.
● Let the truth speak for itself and stop acquiescing in the false conclusion that the Penn State
community is responsible for a tragedy that has but one person truly to blame – Jerry Sandusky.
All the best,
Scott Paterno
PSU BA '97
Dickinson School of Law ‘00