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PSU Sex Abuse Scandal

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AG Kane: Internal review of Sandusky case delayed

Updated: Friday, May 30 2014, 01:42 PM EDT

By: Marc Stempka

HARRISBURG -- Pennsylvania's top prosecutor said her department's internal investigation into the handling and prosecution of the Jerry Sandusky child sex abuse case has been delayed, mostly in part to difficulty in recovering emails and the uncovering of new information that will require a judge's review.

Pennsylvania Attorney General Kathleen Kane said in a news release Wednesday that it has been one year since she appointed H. Geoffrey Moulton Jr., to lead the office's internal review of the Sandusky investigation and that work continues to review how the case was handled.

"Mr. Moulton has been both thorough and diligent, reviewing and analyzing a substantial documentary records and, despite not having the power to compel testimony through subpoena, interviewing a wide range of witnesses," Kane said.

A grand jury looking into Sandusky's crimes was convened and had been meeting for several years prior to his arrest on child sex abuse charges in November, 2011.

Gov. Tom Corbett was the state's attorney general at the time the Sandusky grand jury convened. Corbett was elected attorney general in 2004 and won re-election in 2008. He left the office after winning the gubernatorial race in 2010, and then appointed Linda Kelly for the position. Kelly oversaw the prosecution and investigators who worked to convict Sandusky.

At the time of her investigation's announcement, Kane said Moulton would be helping with conducting "a comprehensive and independent examination" of information related to the handling of the Sandusky investigation.

Kane said once the report is complete, it will be made public.

Kane said some factors have combined to slow down the process of compiling the report, and some of those delays were not expected. One of the big, time-consuming challenges was collecting written records, specifically emails.

"For reasons that will be described in more detail when the report is made public, until last fall we believed the [Office of the Attorney General] emails for the relevant time period had been permanently removed from [Office of the Attorney General] storage systems (pursuant to a then-existing document-retention policy) and were unrecoverable," Kane said. "Since then, we have developed a recovery process that is ongoing."

Also delaying the findings will be the releasing of information not previously made public prior to the grand jury convening in this case, Kane said. Because of that, the office will need "judicial approval" before releasing the report.

"We have been working with the assigned grand jury judge on this issue," Kane said.

Additionally, Kane said those discussed in the report should have the chance for "due process and fairness [that] require that certain individuals discussed in the report be afforded the opportunity to review and comment on those aspects of the report that pertain to them."

Kane said they hoped to have this process complete as soon as possible.

"The release of the review findings will be determined only by the time necessary to complete a comprehensive review," Kane said. "I remain fully committed to that approach. Pennsylvanians deserve that full and true story, and I will not permit a rush to judgment to interfere with a thorough review."

Kane said no additional comment would be made between the update and the release of the findings.

Sandusky was a former Penn State football coach, serving with the team through his retirement in 1999, but maintained access to university facilities in the years following his retirement.

Sandusky was also one of the founders of the Second Mile, a charity designed to assist underprivileged children.

Prosecutors said Sandusky used the charity as a way to identify potential abuse victims. Sandusky was convicted on 45 counts related to child sexual abuse in June 2012. He is serving a 30- to 60-year sentence in a state prison.

Three former Penn State administrators, former university President Graham Spanier, former Athletic Director Tim Curley and former Vice President for Business Gary Schultz are awaiting trial on charges they covered up Sandusky's abuses, some of which happened on Penn State's main campus in Centre County.

AG Kane: Internal review of Sandusky case delayed

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Who's Who in the Jerry Sandusky Case

  • Joe Amendola

    Joseph L. Amendola is Jerry Sanduskys defense attorney. 

     He established a private law practice in 1982 and has defended many high profile cases in Centre County. Since Sanduskys arrest Amendola has argued the 52-counts of abuse charges against his client are not specific enough to take to trial. Amendola has said that Sandusky is innocent of the charges, and that he flat out denies any sexual conduct and the allegations of prolonged abuse. Amendola said some of the acts described by victims -- like touching or naked shared showers -- might have been misinterpreted by the alleged victims.

  • Judge John Cleland

    In 2011, Judge John Cleland was assigned the case of former Penn State football coach Jerry Sandusky, who stands accused multiple counts of child molestation. 

    Cleland was appointed judge following the recusal of all the judges on the Centre County Court of Common Pleas.  The judges stepped aside to prevent any bias or perceived bias in their affiliation with Penn State University or the Second Mile Charity founded by Sandusky.

    Cleland received his undergraduate degree from Denison University and in 1972, his J.D. The National Law Center of The George Washington University, 1972.

    Cleland began his legal career as a law clerk for United States District Judge Barron P. McCune. After that, he went into the private practice in law until his appointment to the McKean County Court of Common Pleas in 1984. 

    He served on the court from 1984 to 2008. That year, he was appointed an interim judge on the Pennsylvania Superior Court. After one year on the court, he became a senior judge for the courts on which he had previously served.

  • Linda Kelly

    Attorney General Linda L. Kelly was nominated by Governor Tom Corbett to take over his role as Pennsylvanias top law enforcement officer.  She took the oath of office on May 27, 2011.

    Kelly has been a prosecutor for more than 30 years, serving as both an assistant district attorney in Allegheny County and most recently as senior litigation counsel as Assistant U.S. Attorney for the Western District of Pennsylvania.

    Kelly is the first woman to lead the Office of Attorney General since it became an independent elected office in 1981 and Kelly is only the second woman to ever serve as Pennsylvania's Attorney General.  

    Kelly has handled the prosecution of a variety of other crimes including racketeering, narcotics cases and illegal gambling operations. She has prosecuted and supervised a number of cases based on investigations by the Internal Revenue Service, Postal Inspector and Federal Bureau of Investigation.

    Kelly is a graduate of the University of Pittsburgh, where she earned a bachelor's degree in English, and the Duquesne University School of Law.

    She and her husband, Paul, are the parents of a daughter, Kate, who is a recent graduate of the University of Pittsburgh School of Law.

  • Jerry Sandusky

    Jerry Sandusky was born in Washington, Pa.   He played football at Penn State from 1963 " 1965, eventually becoming a member of Joe Paternos coaching staff.   Sandusky was the defensive coordinator on Penn States two national championship teams 82, 86.    He retired in 1999.  His last game was a memorable one, being carried off the field after his defense shutout Texas A&M in the Alamo Bowl.

    Sandusky founded the Second Mile Charity in 1977.   President George H. W. Bush praised the organization as a "shining example" of charity work in a 1990 letter that encouraged others to volunteer in community organizations.

    On November 4, 2011, a grand jury indicted Sandusky on 40 counts of sex crimes against young boys.  Those crimes allegedly took place from 1994 to 2009 taking place at his home, on the Penn State campus and other locations.  The attorney generals office claims Sandusky used Second Mile Charity to lure his victims.

  • Frank Noonan

    Frank Noonan was nominated by Gov. Tom  Corbett on January 18, 2011, to be Commissioner of Pennsylvania State Police and was confirmed by the State Senate on April 12, 2011.    

    Frank Noonan is a career investigator with more than 30 years of experience.  He began his career in 1971 as an FBI agent, investigating public corruption, drugs, bank robberies and kidnappings.   Noonan took a lead role in the Sandusky child abuse investigation. 

    After the arrest,  Noonan said the investigation was about more than football and Penn State.  He said, the case is about children who have had their innocence stolen from them and a culture that did nothing to stop it or preventing it from happening to others."

  • Tim Curley

    Tim Curley faces charges of perjury and failure to report suspected child abuse. 

     The accusations surround alleged Victim Two who was reportedly seen in a Penn State locker room shower with Jerry Sandusky.   According to the Grand Jury presentment, former head coach Joe Paterno contacted Tim Curley about the suspected abuse.    Curley has plead not guilty to the charges. 

     Curley grew up across the street from the University Park Campus and worked as a Penn State bat boy.  In 1993, Curley was named athletic director and oversaw massive growth of the sports program, millions in donations, 21 NCAA championships and 64 Big Ten titles. 

  • Gary Schultz

    Gary Schultz faces charges of perjury and failure to report suspected child abuse. 

    The accusations surround alleged Victim Two who was reportedly seen in a Penn State locker room shower with Jerry Sandusky.   Schultz has pleaded not guilty to the charges. 

    For 14 years, Schultz served as the vice president for finance and business.  He also oversaw several departments including police, human resources and legal services.  Last year, Schultz attended the opening of the Gary Schultz Child Care Center.  After his indictment, his name was removed from that building.

  • Dottie Sandusky

    Dorothy Dottie Sandusky is the wife of Jerry Sandusky. 

    The couple married in 1966.  They took in numerous foster children before adopting six children of their own.

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Sandusky Case: Grand Jury Presentments (WARNING: Material is graphic)

1st Grand Jury Presentment

2nd Grand Jury Presentment

Washington Times