Monday, October 1, 2012

YOU CANNOT ARGUE WITH A CONVICTION RATE

"The jury verdict is a vindication of the thoroughness of that investigation. 45 of 48 counts cannot be argued with." Kevin Harley, spokesman for Governor Tom Corbett, Scranton Times-Tribune, 9/27/12

As criticism mounts of the creeping pace of Tom Corbett's nearly 3-year investigation of child rapist Jerry Sandusky, Corbett's go-to defense is that Sandusky was convicted on nearly all 48 counts.

According to Corbett, this fact alone justifies the investigation's many, many flaws.

As Attorney General Candidate Kathleen Kane points out, there's no reason to believe Sandusky wouldn't have been convicted on most - or all - counts if the case had been brought years earlier. How the investigation was served by waiting nearly two years even to begin interviewing witnesses is unclear.

But if a conviction rate alone is proof of an unimpeachible criminal investigation, what then should we infer from the fact that defendants affiliated with the House Democratic Caucus who went to trial were acquitted of 117 of the combined 139 charges against them?

If Corbett thinks conviction on a majority of charges means an investigation was pure and ethical, what does he think acquittal on a majority of charges means?

We don't need the dismal conviction rate to know the investigation of Mike Veon and a crew of staffers was flawed, starting with the fact that the Leader of the House Democratic Caucus, H. William DeWeese, was permitted to pick and choose what evidence to turn over to Corbett.

DeWeese himself was not charged in connection with any of the evidence he turned over, nor were his top aides Tom Andrews and Kevin Sidella, despite the fact that emails in the case directly implicated them.

Virtually every witness in the case against Team Veon was represented by a lawyer hired and paid by Caucus Leader DeWeese. The very prosecutor who carried out Corbett's case against Veon acknowledged - in another case - that such an arrangement represented a conflict of interest "because the lawyers ... were being paid by the [institution] while advising potential witnesses whose testimony could hurt the [institution] and its leaders."

"You don't have to stretch your imagination to see the chilling effect that will have," the prosecutor said.

The witnesses' lawyers in the case against Team Veon were being paid by the Caucus while advising potential witnesses whose testimony could hurt the Caucus and its leaders. But Corbett wasn't concerned about any "chilling effect" on the witnesses in that case, because he'd already decided not to charge DeWeese before even examining the evidence (that DeWeese himself had personally selected) or hearing from those witnesses (who were counseled by lawyers hired and paid by DeWeese).

That decision to spare DeWeese would, of course, come back to haunt Corbett in 2009 when a "smoking gun" email surfaced, in which DeWeese acknowledged awarding taxpayer-funded bonuses in exchange for campaign work. That revelation was followed by a wider examination of an abundance of evidence implicating DeWeese and his aides.

His scheme to spare DeWeese now exposed, Corbett became desperate to build a separate case against DeWeese as a distraction.

Corbett already was facing accusations of partisanship, having charged only Democrats in his signature corruption case, and was on an equally desperate mission to build a case against deposed Republican Speaker of the House John Perzel.

Corbett had to bring both indictments by the end of 2009, or "he risks being accused of using [the investigation] to launch what many expect will be a gubernatorial bid in 2010," according to the Patriot-News.

It was precisely when DeWeese's "U R welcome" email surfaced, in March 2009, that the Sandusky complaint landed on Corbett's desk. Faced with a choice of trying to salvage his politically-motivated legislative investigation in politically-expedient time, or taking a serial child rapist off the street, Corbett chose politics over protecting children.

Kane says she will review Corbett's Sandusky investigation, precisely to determine where Corbett went wrong.

16 comments:

Anonymous said...

Probably more than that. It is a federal crime to use one's political position for corrupt purposes.

It can easily be concluded and connected that he used the cover-up to gain votes and/or political support which then led to his gubernatorial run.

It also can be used to explain Corbett's stance on cutting so much money from the budget of state universities.

Anonymous said...

I personally do not believe gov corbett's hands are clean on this one and would love for this to happen sooner rather than later...two things I think corbett needs to be held accountable...accepting 2nd mile donations despite knowing about the investigation.

Additionally, granting the 2nd mile their grant because "he didn't want to tip them off."

Hell, the Patriot News in march of last year mentioned the grand jury investigation and by Nov, not a single one of them had been tipped off despite the news right in front of their noses...

Anonymous said...

So much more to come. I agree something is rotten in Corbetts Camp.

His office clearly stonewalled the investigation.

Was it because so many board members of Second Mile were contributors?

Was he protecting Paturdo?

Did his delay cause more children to be raped?.

It's all real dirty.

I've a feeling the AG is going to be heard from soon and the list of those indicted is going to grow.

Some of the attorneys in the Ped state administration will be disbarred.

We have no idea what the AG has on top of the Freeh report. The office seems to have a flare for the dramatic.

Expect oodles more of well deserved negative pr for Ped state..

Anonymous said...

Because when the truth comes out, there will be grounds to impeach and charge Corbett for obstruction of justice.

Anonymous said...

Well, well, well, Pa. House Democrats bring (Sandusky) session to a halt.

Want to probe the handling done by Tommy Corbett back in the day.

Anonymous said...

That's only one side of the coin, the other is how he approved $2.5M in state money to Second Mile in 2011 knowing what he knew!!!

Anonymous said...

Corbett used his campaign cell phone for official conversations between himself and his Executive Office.

FACTS:
Corbett used a state vehicle and state driver to take him to countless campaign events. He reimbursed the State for mileage only.

Corbett used his Executive Office Press Department to promote a significant increase in campaign earned media Press Events in 2008 when he ran for re-election to AG and in 2010 when he ran for Governor.

Corbett had State staff going on and off payroll to his campaign. Were there AG Executive Office campaign discussions between 8:30 AM and 5:00 PM? Should Corbett and staff be charged with Thief of Service as he charged Members and staff of the state House?

Corbett should be impeached by the House of Representatives for "Misbehavior in Office." As the chief law enforcement officer in the state of Pennsylvania; for political expedience, Corbett tabled the Sandusky investigation and accepted fund raising events with leaders of the Second Mile and Penn State Trustees.

Anonymous said...

Wheels are spinning now...Kathleen Kane. 5 weeks...

I was watching the KDKA 11:00 newscast and the camera was on the anchor and she was discussing a story (don't recall what it was but wasn't PSU related) and the whole time there was a boxed headline in the upper right hand corner of the screen with a picture of old main with "penn state scandal" printed next to it.

Underneath that was a small caption that read "playing politics?".

The story itself was never actually reported.

The headline box was there for a good 10 seconds while a completely unrelated story was reported.

I was in disbelief.

It's almost like some ploy just to constantly keep "penn state scandal" fresh in everyone's mind.

Perhaps it was part of the newscast then abruptly pulled for whatever reason, but then again, who knows... Just found that strange and rather annoying.

Second Mile Rayko considered it a non-incident so he's in the clear.

Funny, huh, Corbett is guilty of hiding somethi8ng no one wants out, but why it it is now not happening is the bigger crime?

What is more funny is if the US Attorneys would do to GOP staffers and offer Immunity, watch how many Republican Lawmakers cut deals along with the AG Prosecutors.

Anonymous said...

Look, you know how much I love voting for the Governor, and you know how much of a high information viewer read, and I can see the logic of some of Smith & Corbett's meandering, weak, professorial arguments.

But this was a disaster for the Governor and Speaker for the key people they need to reach, and their effete, wonkish lectures may have jolted a lot of voters in the commonwealth to give an Independent Investigation into Smith & Corbett a second look.

Smith looked tired, even bored when he ended the session; he kept looking down; he had no crisp statements of passion or argument; he wasn't there.

He was entirely defensive, which may have been the strategy. But it was the wrong strategy. At the wrong moment.

My wife and I are feeling the same hysteria everyone is expressing here on Smith & Corbett, while coming off as more than confusing, meandering, stuttering mess.

I'm a high information voter, so I know the context of Voter's complaints about the Corbett Investigations not adding up, or comments about Stan Smith, etc.

I also know when someone is lying through his teeth or contradicting his own past statements.

This person with authority on that stage was Stan Smith and what did he do, he offered one of the lamest acts of salesmanship.

And my gut tells me he sold a few voters on a change that will cause more questions on the investigations tonight.

The idea that the current Republican party is portraying as the most not willing to reach across the aisle is staggering.

That heSmith is more persuasive on this than the governor is a staggering personal failure on Smith & Corbett's part.

And now Smith & Corbett are "saying no". Just staggering incompetence on their part.

It's beyond depressing. But it's true.

Anonymous said...

I have an idea how it all works... If a new Governor gets into office, that person have the ability to clean house and appoint Independent Prosecutor.

A few more things ... 6 members of the PSU BOT are appointed by the governor. They serve 3-year terms.

The governor appoints 2 trustees a year.

The governor does not have the ability, once in office, to remove the 6 governor appointed trustees and appoint 6 new ones.

He can try to put behind-the-scenes pressure on governor appointed trustees to resign, but they are under no obligation to resign.

There are also 3 individuals that automatically become ex officio trustees by their nomination by the governor, and ratification by the PA legislature, to positions in the governor's cabinet.These are:

- Secretary of Agriculture

- Secretary of Department of Conservation and Natural Resources

- Secretary of Education

These 3 trustees do change whenever there is a change in who is governor.

The governor also appoints a non-voting member to the PSU BOT.

This individual represents the governor's interests at BOT meetings when the governor is unable to attend BOT meetings.

I hope that clarifies things, but what really is needed is an investigation on Stan Smith now.

Anonymous said...

Call it the curse of incumbency or the power of the speaker. Like many of his predecessors, Stan Smith fell victim Wednesday to high expectations, a short fuse, and avoiding the truth.

If Republican Speaker of the House didn’t win anything by hiding from facts from the public he outright, covered up and now contributed to the growing scandal of the Governor as it spreads in the media asking more questions. Stan Smith was not personable, funny, and relentlessly was on the defense of attack against a heavily favored Press Corp seeking the truth.

Smith looked peeved and flat as he ran away from any conversation, not for the first time in seven years, with somebody telling him he’s wrong.

“Going forward with the status quo to avid a proper investigation is not going to cut it for the commonwealth voters,”

The Speaker of the House has to be reminded voters repeatedly that the Attorney General and now Governor has not lived up to promises he made seven years ago.

After Corbett vowed to investigate all four caucuses and Time is up was the message for voters.

Smith thinks he got away by running away, but that is a sign of a fugitive from justice not a Speaker of the House.


Anonymous said...

Correction:
Sam Smith, Jefferson County, is the Speaker of the PA House of Representatives.

Anonymous said...

THE REAL COVER UP EXTEND TO POWERFUL POLITICAL ELITE BOTH DEMOCRATS AND REPUBLICANS:

The "Center' of Sandusky's World of Pedophilia wasThe Second Mile Foundation and it's youth programs NOT just Penn State University and the Paterno-Spanier cover ups.

Two Sources Of Proof Not Invetsigated To Date:

1. Proof of that is Victim #1's description of how in roughly 2005 he reported his abuse to the Principal of Lock Haven's Central Mountain High School only to be told that Jerry would never do something like that and to go home and think it over.

Penn State like Central Mountain and like Sandusky's home were tenticles of his web which revolved around the place where he met and established his relationships with his victims at the foundation.

Sandusky was a retired coach who had been given the keys to Penn State by the Board of Trustees in 1999 when he retired. Victim #1's own high school blew him off.

The public thinks this whole thing revolves around just Penn State but that's not the case. Penn State was only one of many places Sandusky used in his web of lies. This is not just a "Penn State" scandal! Pedophiles are the world's best con artists.

2. Corbett acceptance of Second Mile and Board of Trustees Campaign Money. The full listing of those that gave money to Corbett has yet to be released.

This alone makes a Legal Foundation to demand an Independent Investigation an d instead of welcoming one, Corbett and Harley are saying one is not needed?

Well, we shall see what happens once PAOAG Employees are put under oath????

Anonymous said...

Sam Smith signed every contract Perzel signed, the rumor under the Green Dome, is that Smith had some revealing of Cell Phone info that happen in the basement of the Dome, with some people of power and their outsides flings, so alleged info goes, and names are available.

This incluides why Corbett let Smith Skip from charges, and if an Independent Investigation.

The "Center' of Sandusky's World of Pedophilia was The Second Mile the world has to be told this story.....unfortunately they don't like this story.

Corbett and second mile have to get their due.

Anonymous said...

Red-faced but speaking in measured tones, Corbett said he had no objections to either the next attorney general or the U.S. Justice Department conducting a review of actions he took in the case as state attorney general, the post he held before becoming governor in 2011.

Gotta wonder if he has no objection to an investigation, why the leaders of the State House from his party BLOCKED a resolution asking for that very thing from coming to the House floor for a vote. Twice.

Sounds like the Gov's position is "evolving." And it sounds like he knows he has to let Freed say he would investigate, too, or Freed is going to lose. Huh. Will wonders never cease?:-)

This is called movement on our issues!

Anonymous said...

Corbett has at least one scapegoat in mind if and when there is investigation.

That's why he's all for it.

It's supreme arrogance and dishonesty on display.

Frank Fina and the OAG Investigators that took so long will not remain silent.