Will Death of Joe Paterno Weaken Prosecution of Former School Officials?
Prosecutors won’t be able to rely on the grand jury testimony of Joe Paterno in the prosecution of two former Penn State officials accused of failing to forward reports of alleged child sexual abuse to law enforcement.
Paterno testified before a grand jury that he met with former Penn State athletic director Tim Curley and former senior vice president Gary Schultz to tell them about “fondling” allegations against assistant football coach Jerry Sandusky. Paterno’s testimony isn’t admissible after his death because he was not cross-examined before the grand jury, lawyers tell the New York Times.
Paterno talked to the officials after hearing allegations against Sandusky by Mike McQueary, now an assistant football coach at Penn State. McQueary has said he told Curley and Schultz graphic details about the incident, but he did not give all the details to Paterno.
The Times says Paternos’ death “will partly weaken the state’s prosecution” of the former officials, though the extent of the effect is unclear. USA Today, however, says Paterno’s testimony may have been more helpful to the defense. Officials could have used his testimony to support their claim they weren’t given all the information about Sandusky, according to Widener law professor Wesley Oliver.
Meanwhile, the Associated Press says Paterno’s death will have “little or no effect “on the criminal or civil cases arising from the scandal.
Hat tip to Legal Blog Watch.
