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Freeh Report Cost Penn State $6.5 Million; Lawyers for Curley, Schultz Respond

by on July 12, 2012 4:47 PM

Updated at 6:57 p.m.

SCRANTON, Pa. – Tim Curley's lawyer, Caroline Roberto, and Gary Schultz's lawyer, Tom Farrell, released separate statements Thursday night criticizing Louis Freeh's report, saying it was based on an 'incomplete' records and that it was not comprehensive. 

"The Freeh Group was limited in its investigation by lack of subpoena power and the reluctance of many people to be interviewed. Therefore, the Freeh Report has limited impact on the defense of Tim Curley. At the request of the Pennsylvania Attorney General, the Freeh Group did not interview critical witnesses such as Mike McQueary and others. The result is a lopsided document that leaves the majority of the story untold.

"Thus, the conclusions reached in the Freeh Report are based on an incomplete record.

"A complete record can and will be made in a court of law, aided by the power of subpoena, where all of the witnesses are subject to thorough cross examination. Fortunately for Mr. Curley, the Constitution guarantees that the criminal charges pending against him will be decided by twelve citizens of the Commonwealth of Pennsylvania based upon proof beyond a reasonable doubt, and not upon mere opinions drawn from limited sources.

"Mr. Curley looks forward to his day in court and the opportunity to present a comprehensive slate of facts to an impartial jury, within the fair confines of a judicial proceeding where he is presumed innocent."

Penn State president Rodney Erickson did not answer questions regarding the former athletic director's employment. 

Farrell, counsel for the former vice president Schultz, was more terse. 

"Since the Attorney General's office prevented Louis Freeh and his team access to critical witnesses with full knowledge of all of the facts, the Freeh Report is not fair, full, accurate or complete. Absent the opportunity to interview critical witnesses, including, but not limited to Mike McQueary, Chief of Police Tom Harmon and former Assistant District Attorney Karen Arnold, the Freeh Report, like the Grand Jury Presentment, does not provide a comprehensive rendition of the facts."

"When the complete factual story is told before an impartial jury, it will be clear that Mike McQueary never told Mr. Schultz that he witnessed Mr. Sandusky engaging in anal intercourse with a young boy, that Mr. Schultz did not possess or maintain any secret files about Mr. Sandusky, and that there were no efforts between and among Messrs. Schultz, Curley, Paterno and Spanier to conceal Mr. Sandusky's behavior." 

Schultz has since retired from Penn State.

Earlier at 4:47 p.m.

SCRANTON, Pa. – Louis Freeh's report has cost Penn State $6.5 million so far, but Penn State Board of Trustees chairwoman Karen Peetz said no trustees plan to step down.

At a press conference Thursday afternoon at the Hilton Scranton, near the Worthington Scranton campus where the Board of Trustees will meet tomorrow for their regularly scheduled July meeting, Penn State's leadership addressed the findings of the Freeh report and discussed what must be done to start rebuilding trust in the Penn State community.

Penn State president Rodney Erickson revealed that former Penn State wide receivers coach Mike McQueary's contract ended on June 30, as is routine with members of previous staff when new coaches take over.

McQueary testified three times during the course of the grand jury investigation and at former Penn State football assistant coach Jerry Sandusky's trial.

Karen Peetz, Rodney Erickson and Ken Frazier, chair of the special investigative task force, called the report "sad and sobering," because "it concludes that at the moment of truth, people in positions of authority and responsibility did not put the welfare of children first.

Peetz said the Board of Trustees "accepts full responsibility for the failures that occurred."

The board had too much trust in former Penn State president Graham Spanier, Frazier said, and held him in an extremely high esteem. That same trust led the board to fail in its oversight to push the issues with Spanier and others when they needed to. 

"We are accountable," Frazier said. "Our hearts remain heavy and we are deeply ashamed. We failed to ask the right questions, the tough questions."

In a statement released by Penn State, the board said in cooperation with university administration, "will take every action to ensure that events like these never happen again in our university community."

"All responsible and caring adults have a responsibility to safeguard children in their communities," Frazier said at the news conference. 

Peetz said the board is "grateful to Judge Freeh" for the 119 recommendations he offered in his report. They will be studied, taken seriously, and put into action. 

Peetz said "consistency is key" in the ongoing situation.

The board will discuss term limits at its meeting Friday, but currently is following the format that has been in place since before the scandal hit.

Laura Nichols is a news reporter and @LC_Nichols on Twitter.
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