http://www.propublica.org/article/new-york-court-affirms-towns-powers-to-ban-fra\
cking


Bob
Bob DeMarco
Alzheimer's Reading
Room<http://www.alzheimersreadingroom.com/2010/02/about-alzheimers-reading-room.\
html>
http://www.alzheimersreadingroom.com


[Non-text portions of this message have been removed]

Kugler will be graduating from the North Allegheny class of 2013 with my
daughter.

Jerry Lorow (class of '85)

Sent from my iPad

On Feb 25, 2012, at 11:54 AM, PSU Carl <carl@...> wrote:

> :-(
>
>
<http://www.annarbor.com/sports/um-football/michigan-football-team-grabs-fifth-4\
-star-offensive-lineman-for-2013-class-up-to/>
>


[Non-text portions of this message have been removed]

A lot of people told me we had no chance at him. Not sure why, but that's what
many Pittsburgh folks told me.

Steve

On Feb 25, 2012, at 12:55 PM, Jerry <thelorow@...> wrote:

> Kugler will be graduating from the North Allegheny class of 2013 with my
daughter.
>
> Jerry Lorow (class of '85)
>
> Sent from my iPad
>
> On Feb 25, 2012, at 11:54 AM, PSU Carl <carl@...> wrote:
>
> > :-(
> >
> >
<http://www.annarbor.com/sports/um-football/michigan-football-team-grabs-fifth-4\
-star-offensive-lineman-for-2013-class-up-to/>
> >
>
> [Non-text portions of this message have been removed]
>
>


[Non-text portions of this message have been removed]

<http://www.pennlive.com/midstate/index.ssf/2012/02/post_318.html>

By SARA GANIM, The Patriot-News

Federal investigators are looking at trails of money from Penn State
and its board of trustees, computer hard drives of top officials and
complaints that the university might have received about Jerry
Sandusky or his charity, The Second Mile.

The information was released by Penn State on Friday after news that
it had been subpoenaed by the U.S. attorney for the Middle District of
Pennsylvania.

The subpoena seems to indicate that the feds are conducting an
investigation simultaneously with the one by a state grand jury, which
led to more than 50 counts of child sex abuse charges against Jerry
Sandusky and perjury charges against two top Penn State officials.

It also seems to show that The Second Mile could be under investigation, too.

Gov. Tom Corbett, who has been pretty guarded in what he says about
the ongoing state grand jury investigation, recently said something
different, according to two State College reporters.

Corbett is constantly reminding inquiring minds that he’s bound by
secrecy rules and can’t discuss or divulge a lot of what he knows
about the child sex abuse investigation he started three years ago
when he was state attorney general.

But this month, when Corbett unveiled his budget plan for this year,
he did a round of television interviews where he discussed some
aspects of the scandal that has engulfed Penn State and Sandusky’s
statewide children’s charity.

In at least two of those interviews, reporters say, Corbett made
statements that The Second Mile is not under investigation.

How does Corbett know that?

Grand juries are conducted in secret, and law-enforcement officials —
police, prosecutors and investigators — are barred by law from talking
about it.

The television reports — from WJAC and WTAJ, both serving State
College — use the present tense to describe Corbett’s comment. Both
reporters said Friday that they stand by their reports as accurate.

Corbett’s spokesman, Kevin Harley, angrily denied that the governor
was talking about the current investigation.

“I don’t know why you’re trying to make something out of whole cloth,”
Harley said. “I was there when he said it. I don’t have to provide you
with a transcript. I know he was referencing what he said when he was
an attorney general: The Second Mile was not under investigation. He
wouldn’t know if The Second Mile is under investigation now. I know
exactly what the governor said.”

Nils Frederiksen, on behalf of the attorney general’s office, said
something similar.

“Based on our viewing of his statements, he was talking historically,”
Frederiksen said. “He’s certainly not in the position to speak about
what may or may not be part of a grand jury investigation. ... He’s
not been involved in the investigation since Jan. 18, 2011, when he
became governor.”

And, abiding by grand jury secrecy rules, Linda Kelly, whom Corbett
appointed to take his place after winning the election, isn’t giving
her predecessor any kind of updates, Frederiksen said.

“Definitely not.”

“Linda Kelly does not discuss investigations with anyone outside the
attorney general’s office,” he said.

During one interview, when WTAJ reporter John Clay told Corbett that
it was his understanding that there is no investigation into The
Second Mile right now, Corbett shook his head in agreement, according
to raw video the station shared with The Patriot-News.

Later, the video shows Corbett saying there is “no indication that The
Second Mile is under investigation.”

It is clear from what is public — the grand jury presentments against
Sandusky and two Penn State officials and the public knowledge of
certain subpoenas — that the investigation does involve issues related
to the charity.

State grand jurors alleged Sandusky met almost all of the 10 victims
he is accused of sexually abusing through the charity, plus travel and
financial records have been requested from charity officials.

At least two Second Mile employees testified before the grand jury,
including the former CEO, Jack Raykovitz.

Thursday, The Patriot-News confirmed that the U.S. attorney’s office
has begun to issue subpoenas on the topic, too.

Federal prosecutors also informally requested documents from The
Second Mile, a source said.

An attorney for the late Joe Paterno, fired as the scandal unfolded,
confirmed that files regarding Sandusky and kept by Paterno will be
shared with federal prosecutors, too.

Penn State spokeswoman Lisa Powers said the university is cooperating
with the request, dated Feb. 2, which asks for the following:

* Any records of any payments by Penn State board members to the
university or to third parties on the university’s behalf.
* Information starting in 1998 about Penn State, ousted President
Graham Spanier, Athletic Director Tim Curley — he is on administrative
leave — and retired Vice President Gary Schultz, Sandusky and The
Second Mile.
* Hard drives from all four men, complaints, correspondence and
out-of-court settlements about Sandusky or The Second Mile.
* Reporting requirements relating to allegations of misconduct by
staff or individuals associated with the university.

Some members of the Penn State board of trustees, reached by phone
Friday, said they had no indication of why those records were being
requested.

Sandusky is charged with more than 50 counts of child sex abuse
stemming from two state grand jury presentments. But Penn State is
juggling several other investigations related to Sandusky and to
Curley and Schultz, the two administrators who are charged with
failing to tell police about an alleged incident reported to them on
campus in 2002, then lying about it to a grand jury.

First, the state attorney general’s investigation is ongoing. The
grand jury continues to meet in Harrisburg.

Penn State also is in the midst of an internal review being conducted
by former FBI Director Louis Freeh.

There is an NCAA inquiry.

And officials from the U.S. Department of Education are checking to
see if the university is in compliance with the Clery Act, the federal
law that mandates that universities report crimes.

In late November, a team of officers began gathering thousands of
pages of documents and interviewing officials about possible Clery Act
violations. The gathering process was expected to take weeks.

Penn State said it can’t give the Department of Education the 1998
police investigation in which Sandusky was never charged after two
boys alleged he touched them during showers in the Penn State locker
room.

Under state law, the university can’t turn over “investigative
information” to any noncriminal justice agency, Powers said.

The Clery Act investigation possibly also includes an alleged report
in 2002, the reason that Curley and Schultz are charged.

That incident, allegedly brought to the men by then-graduate assistant
Mike McQueary, is disputed. But grand jurors found McQueary, who went
on to become an assistant coach, to be most credible when he testified
that he saw Sandusky sexually assaulting a boy in a shower at the Penn
State locker room and later told Curley and Schultz about it.

Curley, Schultz and Sandusky all maintain their innocence.

“My personal opinion, based solely on a review of the policies at the
time, is that there was a gap in Clery compliance,” said S. Daniel
Carter, the former director of public policy and current consultant
for Security On Campus Inc.

Carter has interviewed for a position Penn State has created in the
wake of the scandal for someone to solely handle Clery Act compliance.

Right now, that responsibility falls within the university police department.

“Only the Department of Education can say authoritatively that an
institution was in violation of the Clery Act,” Carter said. “So, the
best I can say is that I believe there is evidence of it.”

By law, individuals can’t be charged with violating the act. Only an
institution can be charged, Carter said, and the law outlines the
procedure for mandated reporting to include any official with
significant responsibility for student and campus activities,
including an athletic director or team coach.

“Chain-of-command reporting is perfectly permissible,” Carter said.
“And, in fact, [it is] something I recommend so an individual official
may report it to their supervisor who would then report to the
collecting authority. This may have been one of the ‘gray areas’ at
issue in 2002.”

Prosecutors say Schultz, head of university police at the time, and
Curley never gave the 2002 report to campus police — the Clery Act
reporter for Penn State.

That year, Penn State originally reported to the U.S. Department of
Education that it had no sex offenses on campus.

Two years later, Security On Campus called the school out on it, and
then-Police Chief Tom Harmon acknowledged a mistake was made and
updated the report to 13.

His father is the offensive line coach of the Steelers, and the family just
moved to Pittsburgh from Buffalo before the start of the 2010-2011 school year.
Probably never had any interest in us..

BTW, his older brother Rob is a RS FR tight end at Purdue, and was co-AAAA PA
state player of the year as a senior.

Jerry Lorow (class of '85)

Sent from my iPad

On Feb 25, 2012, at 1:12 PM, Steve Brame <StevePSU@...> wrote:

> A lot of people told me we had no chance at him. Not sure why, but that's what
many Pittsburgh folks told me.
>
> Steve
>
> On Feb 25, 2012, at 12:55 PM, Jerry <thelorow@...> wrote:
>
> > Kugler will be graduating from the North Allegheny class of 2013 with my
daughter.
> >
> > Jerry Lorow (class of '85)
> >
> > Sent from my iPad
> >
> > On Feb 25, 2012, at 11:54 AM, PSU Carl <carl@...> wrote:
> >
> > > :-(
> > >
> > >
<http://www.annarbor.com/sports/um-football/michigan-football-team-grabs-fifth-4\
-star-offensive-lineman-for-2013-class-up-to/>
> > >
> >
> > [Non-text portions of this message have been removed]
> >
> >
>
> [Non-text portions of this message have been removed]
>
>


[Non-text portions of this message have been removed]

> An attorney for the late Joe Paterno, fired as the scandal unfolded,
> confirmed that files regarding Sandusky and kept by Paterno will be
> shared with federal prosecutors, too.

I don't understand how to read this sentence (fired by whom? was he
Paterno's attorney until he died? why does he have any files?). Can
anyone interpret it unambiguously?

Carl


On Sat, Feb 25, 2012 at 1:24 PM, PSU Carl <carl@...> wrote:
> <http://www.pennlive.com/midstate/index.ssf/2012/02/post_318.html>
>
> By SARA GANIM, The Patriot-News
>
> Federal investigators are looking at trails of money from Penn State
> and its board of trustees, computer hard drives of top officials and
> complaints that the university might have received about Jerry
> Sandusky or his charity, The Second Mile.
>
> The information was released by Penn State on Friday after news that
> it had been subpoenaed by the U.S. attorney for the Middle District of
> Pennsylvania.
>
> The subpoena seems to indicate that the feds are conducting an
> investigation simultaneously with the one by a state grand jury, which
> led to more than 50 counts of child sex abuse charges against Jerry
> Sandusky and perjury charges against two top Penn State officials.
>
> It also seems to show that The Second Mile could be under investigation, too.
>
> Gov. Tom Corbett, who has been pretty guarded in what he says about
> the ongoing state grand jury investigation, recently said something
> different, according to two State College reporters.
>
> Corbett is constantly reminding inquiring minds that he’s bound by
> secrecy rules and can’t discuss or divulge a lot of what he knows
> about the child sex abuse investigation he started three years ago
> when he was state attorney general.
>
> But this month, when Corbett unveiled his budget plan for this year,
> he did a round of television interviews where he discussed some
> aspects of the scandal that has engulfed Penn State and Sandusky’s
> statewide children’s charity.
>
> In at least two of those interviews, reporters say, Corbett made
> statements that The Second Mile is not under investigation.
>
> How does Corbett know that?
>
> Grand juries are conducted in secret, and law-enforcement officials —
> police, prosecutors and investigators — are barred by law from talking
> about it.
>
> The television reports — from WJAC and WTAJ, both serving State
> College — use the present tense to describe Corbett’s comment. Both
> reporters said Friday that they stand by their reports as accurate.
>
> Corbett’s spokesman, Kevin Harley, angrily denied that the governor
> was talking about the current investigation.
>
> “I don’t know why you’re trying to make something out of whole cloth,”
> Harley said. “I was there when he said it. I don’t have to provide you
> with a transcript. I know he was referencing what he said when he was
> an attorney general: The Second Mile was not under investigation. He
> wouldn’t know if The Second Mile is under investigation now. I know
> exactly what the governor said.”
>
> Nils Frederiksen, on behalf of the attorney general’s office, said
> something similar.
>
> “Based on our viewing of his statements, he was talking historically,”
> Frederiksen said. “He’s certainly not in the position to speak about
> what may or may not be part of a grand jury investigation. ... He’s
> not been involved in the investigation since Jan. 18, 2011, when he
> became governor.”
>
> And, abiding by grand jury secrecy rules, Linda Kelly, whom Corbett
> appointed to take his place after winning the election, isn’t giving
> her predecessor any kind of updates, Frederiksen said.
>
> “Definitely not.”
>
> “Linda Kelly does not discuss investigations with anyone outside the
> attorney general’s office,” he said.
>
> During one interview, when WTAJ reporter John Clay told Corbett that
> it was his understanding that there is no investigation into The
> Second Mile right now, Corbett shook his head in agreement, according
> to raw video the station shared with The Patriot-News.
>
> Later, the video shows Corbett saying there is “no indication that The
> Second Mile is under investigation.”
>
> It is clear from what is public — the grand jury presentments against
> Sandusky and two Penn State officials and the public knowledge of
> certain subpoenas — that the investigation does involve issues related
> to the charity.
>
> State grand jurors alleged Sandusky met almost all of the 10 victims
> he is accused of sexually abusing through the charity, plus travel and
> financial records have been requested from charity officials.
>
> At least two Second Mile employees testified before the grand jury,
> including the former CEO, Jack Raykovitz.
>
> Thursday, The Patriot-News confirmed that the U.S. attorney’s office
> has begun to issue subpoenas on the topic, too.
>
> Federal prosecutors also informally requested documents from The
> Second Mile, a source said.
>
> An attorney for the late Joe Paterno, fired as the scandal unfolded,
> confirmed that files regarding Sandusky and kept by Paterno will be
> shared with federal prosecutors, too.
>
> Penn State spokeswoman Lisa Powers said the university is cooperating
> with the request, dated Feb. 2, which asks for the following:
>
> * Any records of any payments by Penn State board members to the
> university or to third parties on the university’s behalf.
> * Information starting in 1998 about Penn State, ousted President
> Graham Spanier, Athletic Director Tim Curley — he is on administrative
> leave — and retired Vice President Gary Schultz, Sandusky and The
> Second Mile.
> * Hard drives from all four men, complaints, correspondence and
> out-of-court settlements about Sandusky or The Second Mile.
> * Reporting requirements relating to allegations of misconduct by
> staff or individuals associated with the university.
>
> Some members of the Penn State board of trustees, reached by phone
> Friday, said they had no indication of why those records were being
> requested.
>
> Sandusky is charged with more than 50 counts of child sex abuse
> stemming from two state grand jury presentments. But Penn State is
> juggling several other investigations related to Sandusky and to
> Curley and Schultz, the two administrators who are charged with
> failing to tell police about an alleged incident reported to them on
> campus in 2002, then lying about it to a grand jury.
>
> First, the state attorney general’s investigation is ongoing. The
> grand jury continues to meet in Harrisburg.
>
> Penn State also is in the midst of an internal review being conducted
> by former FBI Director Louis Freeh.
>
> There is an NCAA inquiry.
>
> And officials from the U.S. Department of Education are checking to
> see if the university is in compliance with the Clery Act, the federal
> law that mandates that universities report crimes.
>
> In late November, a team of officers began gathering thousands of
> pages of documents and interviewing officials about possible Clery Act
> violations. The gathering process was expected to take weeks.
>
> Penn State said it can’t give the Department of Education the 1998
> police investigation in which Sandusky was never charged after two
> boys alleged he touched them during showers in the Penn State locker
> room.
>
> Under state law, the university can’t turn over “investigative
> information” to any noncriminal justice agency, Powers said.
>
> The Clery Act investigation possibly also includes an alleged report
> in 2002, the reason that Curley and Schultz are charged.
>
> That incident, allegedly brought to the men by then-graduate assistant
> Mike McQueary, is disputed. But grand jurors found McQueary, who went
> on to become an assistant coach, to be most credible when he testified
> that he saw Sandusky sexually assaulting a boy in a shower at the Penn
> State locker room and later told Curley and Schultz about it.
>
> Curley, Schultz and Sandusky all maintain their innocence.
>
> “My personal opinion, based solely on a review of the policies at the
> time, is that there was a gap in Clery compliance,” said S. Daniel
> Carter, the former director of public policy and current consultant
> for Security On Campus Inc.
>
> Carter has interviewed for a position Penn State has created in the
> wake of the scandal for someone to solely handle Clery Act compliance.
>
> Right now, that responsibility falls within the university police department.
>
> “Only the Department of Education can say authoritatively that an
> institution was in violation of the Clery Act,” Carter said. “So, the
> best I can say is that I believe there is evidence of it.”
>
> By law, individuals can’t be charged with violating the act. Only an
> institution can be charged, Carter said, and the law outlines the
> procedure for mandated reporting to include any official with
> significant responsibility for student and campus activities,
> including an athletic director or team coach.
>
> “Chain-of-command reporting is perfectly permissible,” Carter said.
> “And, in fact, [it is] something I recommend so an individual official
> may report it to their supervisor who would then report to the
> collecting authority. This may have been one of the ‘gray areas’ at
> issue in 2002.”
>
> Prosecutors say Schultz, head of university police at the time, and
> Curley never gave the 2002 report to campus police — the Clery Act
> reporter for Penn State.
>
> That year, Penn State originally reported to the U.S. Department of
> Education that it had no sex offenses on campus.
>
> Two years later, Security On Campus called the school out on it, and
> then-Police Chief Tom Harmon acknowledged a mistake was made and
> updated the report to 13.

Fired refers to Paterno, not the attorney.
 
Bruce


________________________________
  From: PSU Carl <carl@...>
To: We_Are_Penn_State@yahoogroups.com
Sent: Saturday, February 25, 2012 1:51 PM
Subject: [We Are...Penn State] Re: Penn State, board of trustees money trails
under investigation by feds

> An attorney for the late Joe Paterno, fired as the scandal unfolded,
> confirmed that files regarding Sandusky and kept by Paterno will be
> shared with federal prosecutors, too.

I don't understand how to read this sentence (fired by whom? was he
Paterno's attorney until he died? why does he have any files?). Can
anyone interpret it unambiguously?

Carl


On Sat, Feb 25, 2012 at 1:24 PM, PSU Carl <carl@...> wrote:
> <http://www.pennlive.com/midstate/index.ssf/2012/02/post_318.html>
>
> By SARA GANIM, The Patriot-News
>
> Federal investigators are looking at trails of money from Penn State
> and its board of trustees, computer hard drives of top officials and
> complaints that the university might have received about Jerry
> Sandusky or his charity, The Second Mile.
>
> The information was released by Penn State on Friday after news that
> it had been subpoenaed by the U.S. attorney for the Middle District of
> Pennsylvania.
>
> The subpoena seems to indicate that the feds are conducting an
> investigation simultaneously with the one by a state grand jury, which
> led to more than 50 counts of child sex abuse charges against Jerry
> Sandusky and perjury charges against two top Penn State officials.
>
> It also seems to show that The Second Mile could be under investigation, too.
>
> Gov. Tom Corbett, who has been pretty guarded in what he says about
> the ongoing state grand jury investigation, recently said something
> different, according to two State College reporters.
>
> Corbett is constantly reminding inquiring minds that he’s bound by
> secrecy rules and can’t discuss or divulge a lot of what he knows
> about the child sex abuse investigation he started three years ago
> when he was state attorney general.
>
> But this month, when Corbett unveiled his budget plan for this year,
> he did a round of television interviews where he discussed some
> aspects of the scandal that has engulfed Penn State and Sandusky’s
> statewide children’s charity.
>
> In at least two of those interviews, reporters say, Corbett made
> statements that The Second Mile is not under investigation.
>
> How does Corbett know that?
>
> Grand juries are conducted in secret, and law-enforcement officials —
> police, prosecutors and investigators — are barred by law from talking
> about it.
>
> The television reports — from WJAC and WTAJ, both serving State
> College — use the present tense to describe Corbett’s comment. Both
> reporters said Friday that they stand by their reports as accurate.
>
> Corbett’s spokesman, Kevin Harley, angrily denied that the governor
> was talking about the current investigation.
>
> “I don’t know why you’re trying to make something out of whole cloth,”
> Harley said. “I was there when he said it. I don’t have to provide you
> with a transcript. I know he was referencing what he said when he was
> an attorney general: The Second Mile was not under investigation. He
> wouldn’t know if The Second Mile is under investigation now. I know
> exactly what the governor said.”
>
> Nils Frederiksen, on behalf of the attorney general’s office, said
> something similar.
>
> “Based on our viewing of his statements, he was talking historically,”
> Frederiksen said. “He’s certainly not in the position to speak about
> what may or may not be part of a grand jury investigation. ... He’s
> not been involved in the investigation since Jan. 18, 2011, when he
> became governor.”
>
> And, abiding by grand jury secrecy rules, Linda Kelly, whom Corbett
> appointed to take his place after winning the election, isn’t giving
> her predecessor any kind of updates, Frederiksen said.
>
> “Definitely not.”
>
> “Linda Kelly does not discuss investigations with anyone outside the
> attorney general’s office,” he said.
>
> During one interview, when WTAJ reporter John Clay told Corbett that
> it was his understanding that there is no investigation into The
> Second Mile right now, Corbett shook his head in agreement, according
> to raw video the station shared with The Patriot-News.
>
> Later, the video shows Corbett saying there is “no indication that The
> Second Mile is under investigation.”
>
> It is clear from what is public — the grand jury presentments against
> Sandusky and two Penn State officials and the public knowledge of
> certain subpoenas — that the investigation does involve issues related
> to the charity.
>
> State grand jurors alleged Sandusky met almost all of the 10 victims
> he is accused of sexually abusing through the charity, plus travel and
> financial records have been requested from charity officials.
>
> At least two Second Mile employees testified before the grand jury,
> including the former CEO, Jack Raykovitz.
>
> Thursday, The Patriot-News confirmed that the U.S. attorney’s office
> has begun to issue subpoenas on the topic, too.
>
> Federal prosecutors also informally requested documents from The
> Second Mile, a source said.
>
> An attorney for the late Joe Paterno, fired as the scandal unfolded,
> confirmed that files regarding Sandusky and kept by Paterno will be
> shared with federal prosecutors, too.
>
> Penn State spokeswoman Lisa Powers said the university is cooperating
> with the request, dated Feb. 2, which asks for the following:
>
> * Any records of any payments by Penn State board members to the
> university or to third parties on the university’s behalf.
> * Information starting in 1998 about Penn State, ousted President
> Graham Spanier, Athletic Director Tim Curley — he is on administrative
> leave — and retired Vice President Gary Schultz, Sandusky and The
> Second Mile.
> * Hard drives from all four men, complaints, correspondence and
> out-of-court settlements about Sandusky or The Second Mile.
> * Reporting requirements relating to allegations of misconduct by
> staff or individuals associated with the university.
>
> Some members of the Penn State board of trustees, reached by phone
> Friday, said they had no indication of why those records were being
> requested.
>
> Sandusky is charged with more than 50 counts of child sex abuse
> stemming from two state grand jury presentments. But Penn State is
> juggling several other investigations related to Sandusky and to
> Curley and Schultz, the two administrators who are charged with
> failing to tell police about an alleged incident reported to them on
> campus in 2002, then lying about it to a grand jury.
>
> First, the state attorney general’s investigation is ongoing. The
> grand jury continues to meet in Harrisburg.
>
> Penn State also is in the midst of an internal review being conducted
> by former FBI Director Louis Freeh.
>
> There is an NCAA inquiry.
>
> And officials from the U.S. Department of Education are checking to
> see if the university is in compliance with the Clery Act, the federal
> law that mandates that universities report crimes.
>
> In late November, a team of officers began gathering thousands of
> pages of documents and interviewing officials about possible Clery Act
> violations. The gathering process was expected to take weeks.
>
> Penn State said it can’t give the Department of Education the 1998
> police investigation in which Sandusky was never charged after two
> boys alleged he touched them during showers in the Penn State locker
> room.
>
> Under state law, the university can’t turn over “investigative
> information” to any noncriminal justice agency, Powers said.
>
> The Clery Act investigation possibly also includes an alleged report
> in 2002, the reason that Curley and Schultz are charged.
>
> That incident, allegedly brought to the men by then-graduate assistant
> Mike McQueary, is disputed. But grand jurors found McQueary, who went
> on to become an assistant coach, to be most credible when he testified
> that he saw Sandusky sexually assaulting a boy in a shower at the Penn
> State locker room and later told Curley and Schultz about it.
>
> Curley, Schultz and Sandusky all maintain their innocence.
>
> “My personal opinion, based solely on a review of the policies at the
> time, is that there was a gap in Clery compliance,” said S. Daniel
> Carter, the former director of public policy and current consultant
> for Security On Campus Inc.
>
> Carter has interviewed for a position Penn State has created in the
> wake of the scandal for someone to solely handle Clery Act compliance.
>
> Right now, that responsibility falls within the university police department.
>
> “Only the Department of Education can say authoritatively that an
> institution was in violation of the Clery Act,” Carter said. “So, the
> best I can say is that I believe there is evidence of it.”
>
> By law, individuals can’t be charged with violating the act. Only an
> institution can be charged, Carter said, and the law outlines the
> procedure for mandated reporting to include any official with
> significant responsibility for student and campus activities,
> including an athletic director or team coach.
>
> “Chain-of-command reporting is perfectly permissible,” Carter said.
> “And, in fact, [it is] something I recommend so an individual official
> may report it to their supervisor who would then report to the
> collecting authority. This may have been one of the �gray areas’ at
> issue in 2002.”
>
> Prosecutors say Schultz, head of university police at the time, and
> Curley never gave the 2002 report to campus police — the Clery Act
> reporter for Penn State.
>
> That year, Penn State originally reported to the U.S. Department of
> Education that it had no sex offenses on campus.
>
> Two years later, Security On Campus called the school out on it, and
> then-Police Chief Tom Harmon acknowledged a mistake was made and
> updated the report to 13.


------------------------------------

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[Non-text portions of this message have been removed]

Bruce:
>
> Fired refers to Paterno, not the attorney.

Oh! (Duh.)

Thanks, Bruce.

Carl

Ron Musselman (@rmusselmansc)
2/25/12 1:55 PM
Not good. RT @Ben_Jones88: Wow. Former PSU basketball player Gyasi Cline-Heard
was arrested for (cont) tl.gd/g47vbd


Jerry Lorow (class of '85)

Sent from my iPad

[Non-text portions of this message have been removed]

Here's the story.

I blame Joe Paterno, who was "the most powerful man in the state" during
Cline-Heard's time in Happy Valley...

Story by Erin Sullivan
Tampa Bay Times
February 26, 2012

Gyasi Cline-Heard, who is now incarcerated at the Pinellas County Jail, was
called the "enforcer" on Penn State's golden basketball team, according to a
story in the Centre Daily Times. Published exactly one year ago today, the
article relived the moment in 2001 when Penn State made the Sweet 16 in the 2001
NCAA Division 1 college basketball tournament.

Cline-Heard is 6 feet 8 inches tall, a forward and son of Gar Heard, an NBA
player and coach of the Dallas Mavericks and Washington Wizards. He was Penn
State's co-captain, No. 23, a psychology major and poet with a temper, his body
covered with tattoos. After graduation, he played professionally overseas in
Belgium and Korea, which is where he played in 2010.

He's not playing again any time soon.

On Feb. 10, Cline-Heard, 32, was arrested on charges he was the leader of a drug
and gun ring in Pasco and Pinellas. He and a 25-year-old woman, Jessica Colon,
were picked up during a raid at her house in Tarpon Springs. Cline-Heard's
tattoo shop in Palm Harbor, Legacy Tattoo, was also raided, along with his house
in Trinity. Two other people were arrested at a New Port Richey home as part of
the round-up.

Four dozen guns were found during the raids. The enormity of the stockpile of
weapons--most of them assault rifles and machine guns with rounds that could
easily penetrate officer's vests and cruisers--shocked investigators. Lt. Chuck
Balderstone of the Pasco County Sheriff's Office picked up one firearm with a
long silencer at a news conference announcing the bust.

"That's something you would see in a spy movie," he said.

Pasco Sheriff Chris Nocco said it appears the guns were for sale and for
protection. Undercover vice agents bought cocaine and a gun from Heard before
the bust, Nocco said. In the course of 11 transactions since November,
undercover officers bought more than 617 grams of cocaine--crack and powder--and
one .380-caliber handgun, the Sheriff's Office said.

The guns seized were "to kill people and to keep their drug operation going,"
Nocco said.

Of Cline-Heard and his cohorts, the Sheriff said:

"These people were pretty bad members of our society."

Cline-Heard grew up in Houston. Records show he was divorced from his wife in
November. They have a 1-year-old daughter. A relative said Cline-Heard moved to
Pasco to be with his now ex-wife, whose family is here. Cline-Heard's mother and
father declined to speak to the Tampa Bay Times.

The case was investigated by multiple local agencies at the federal Drug
Enforcement Agency. Cline-Heard is being held in custody in Pinellas for the
U.S. Marshals Service. He was unable to be interviewed.

Cline-Heard scored the winning two points against Michigan in the first round of
the Big Ten tournament in 2001 with three-tenths of a second left.

In a story on the University Wire in 2001, Cline-Heard's former high school
coach talked of his pride for his student.

"This is a kid that has nothing but upside," Reed said. "With him, the sky is
the limit. He has the ability to jump, he's got great hands and he's got his
head on square."

Cline-Heard spoke to the Pittsburgh Post-Gazette in 2000 about how he was an
emotional player and, sometimes, that led to him making mistakes.

"I'm my own worst enemy," he said.

http://www.tampabay.com/news/publicsafety/crime/leader-on-ncaa-basketball-court-\
becomes-leader-of-pasco-drug-ring/1217132

What a waste. Sad.

Rocko



On Sat, Feb 25, 2012 at 2:35 PM, Trader Kevin <cbot_kevin@...> wrote:

> **
>
>
> Here's the story.
>
> I blame Joe Paterno, who was "the most powerful man in the state" during
> Cline-Heard's time in Happy Valley...
>
> Story by Erin Sullivan
> Tampa Bay Times
> February 26, 2012
>
> Gyasi Cline-Heard, who is now incarcerated at the Pinellas County Jail,
> was called the "enforcer" on Penn State's golden basketball team, according
> to a story in the Centre Daily Times. Published exactly one year ago today,
> the article relived the moment in 2001 when Penn State made the Sweet 16 in
> the 2001 NCAA Division 1 college basketball tournament.
>
> Cline-Heard is 6 feet 8 inches tall, a forward and son of Gar Heard, an
> NBA player and coach of the Dallas Mavericks and Washington Wizards. He was
> Penn State's co-captain, No. 23, a psychology major and poet with a temper,
> his body covered with tattoos. After graduation, he played professionally
> overseas in Belgium and Korea, which is where he played in 2010.
>
> He's not playing again any time soon.
>
> On Feb. 10, Cline-Heard, 32, was arrested on charges he was the leader of
> a drug and gun ring in Pasco and Pinellas. He and a 25-year-old woman,
> Jessica Colon, were picked up during a raid at her house in Tarpon Springs.
> Cline-Heard's tattoo shop in Palm Harbor, Legacy Tattoo, was also raided,
> along with his house in Trinity. Two other people were arrested at a New
> Port Richey home as part of the round-up.
>
> Four dozen guns were found during the raids. The enormity of the stockpile
> of weapons--most of them assault rifles and machine guns with rounds that
> could easily penetrate officer's vests and cruisers--shocked investigators.
> Lt. Chuck Balderstone of the Pasco County Sheriff's Office picked up one
> firearm with a long silencer at a news conference announcing the bust.
>
> "That's something you would see in a spy movie," he said.
>
> Pasco Sheriff Chris Nocco said it appears the guns were for sale and for
> protection. Undercover vice agents bought cocaine and a gun from Heard
> before the bust, Nocco said. In the course of 11 transactions since
> November, undercover officers bought more than 617 grams of cocaine--crack
> and powder--and one .380-caliber handgun, the Sheriff's Office said.
>
> The guns seized were "to kill people and to keep their drug operation
> going," Nocco said.
>
> Of Cline-Heard and his cohorts, the Sheriff said:
>
> "These people were pretty bad members of our society."
>
> Cline-Heard grew up in Houston. Records show he was divorced from his wife
> in November. They have a 1-year-old daughter. A relative said Cline-Heard
> moved to Pasco to be with his now ex-wife, whose family is here.
> Cline-Heard's mother and father declined to speak to the Tampa Bay Times.
>
> The case was investigated by multiple local agencies at the federal Drug
> Enforcement Agency. Cline-Heard is being held in custody in Pinellas for
> the U.S. Marshals Service. He was unable to be interviewed.
>
> Cline-Heard scored the winning two points against Michigan in the first
> round of the Big Ten tournament in 2001 with three-tenths of a second left.
>
> In a story on the University Wire in 2001, Cline-Heard's former high
> school coach talked of his pride for his student.
>
> "This is a kid that has nothing but upside," Reed said. "With him, the sky
> is the limit. He has the ability to jump, he's got great hands and he's got
> his head on square."
>
> Cline-Heard spoke to the Pittsburgh Post-Gazette in 2000 about how he was
> an emotional player and, sometimes, that led to him making mistakes.
>
> "I'm my own worst enemy," he said.
>
>
>
http://www.tampabay.com/news/publicsafety/crime/leader-on-ncaa-basketball-court-\
becomes-leader-of-pasco-drug-ring/1217132
>
>
>


[Non-text portions of this message have been removed]

I get all my State College info from Doc Miller down south a bit and he
hasn't shared anything with me lately.

Hey Doc... Wife and I have a tentative plan to go down for one of the
Samford baseball game on Saturday.  The Alabama Alumni group will be
gathering somewhere nearby that day.



On Sat, Feb 25, 2012 at 12:51 PM, PSU Carl <carl@...> wrote:

> > An attorney for the late Joe Paterno, fired as the scandal unfolded,
> > confirmed that files regarding Sandusky and kept by Paterno will be
> > shared with federal prosecutors, too.
>
> I don't understand how to read this sentence (fired by whom? was he
> Paterno's attorney until he died? why does he have any files?). Can
> anyone interpret it unambiguously?
>
> Carl
>
>
> On Sat, Feb 25, 2012 at 1:24 PM, PSU Carl <carl@...> wrote:
> > <http://www.pennlive.com/midstate/index.ssf/2012/02/post_318.html>
> >
> > By SARA GANIM, The Patriot-News
> >
> > Federal investigators are looking at trails of money from Penn State
> > and its board of trustees, computer hard drives of top officials and
> > complaints that the university might have received about Jerry
> > Sandusky or his charity, The Second Mile.
> >
> > The information was released by Penn State on Friday after news that
> > it had been subpoenaed by the U.S. attorney for the Middle District of
> > Pennsylvania.
> >
> > The subpoena seems to indicate that the feds are conducting an
> > investigation simultaneously with the one by a state grand jury, which
> > led to more than 50 counts of child sex abuse charges against Jerry
> > Sandusky and perjury charges against two top Penn State officials.
> >
> > It also seems to show that The Second Mile could be under investigation,
> too.
> >
> > Gov. Tom Corbett, who has been pretty guarded in what he says about
> > the ongoing state grand jury investigation, recently said something
> > different, according to two State College reporters.
> >
> > Corbett is constantly reminding inquiring minds that he’s bound by
> > secrecy rules and can’t discuss or divulge a lot of what he knows
> > about the child sex abuse investigation he started three years ago
> > when he was state attorney general.
> >
> > But this month, when Corbett unveiled his budget plan for this year,
> > he did a round of television interviews where he discussed some
> > aspects of the scandal that has engulfed Penn State and Sandusky’s
> > statewide children’s charity.
> >
> > In at least two of those interviews, reporters say, Corbett made
> > statements that The Second Mile is not under investigation.
> >
> > How does Corbett know that?
> >
> > Grand juries are conducted in secret, and law-enforcement officials —
> > police, prosecutors and investigators — are barred by law from talking
> > about it.
> >
> > The television reports — from WJAC and WTAJ, both serving State
> > College — use the present tense to describe Corbett’s comment. Both
> > reporters said Friday that they stand by their reports as accurate.
> >
> > Corbett’s spokesman, Kevin Harley, angrily denied that the governor
> > was talking about the current investigation.
> >
> > “I don’t know why you’re trying to make something out of whole cloth,”
> > Harley said. “I was there when he said it. I don’t have to provide you
> > with a transcript. I know he was referencing what he said when he was
> > an attorney general: The Second Mile was not under investigation. He
> > wouldn’t know if The Second Mile is under investigation now. I know
> > exactly what the governor said.”
> >
> > Nils Frederiksen, on behalf of the attorney general’s office, said
> > something similar.
> >
> > “Based on our viewing of his statements, he was talking historically,”
> > Frederiksen said. “He’s certainly not in the position to speak about
> > what may or may not be part of a grand jury investigation. ... He’s
> > not been involved in the investigation since Jan. 18, 2011, when he
> > became governor.”
> >
> > And, abiding by grand jury secrecy rules, Linda Kelly, whom Corbett
> > appointed to take his place after winning the election, isn’t giving
> > her predecessor any kind of updates, Frederiksen said.
> >
> > “Definitely not.”
> >
> > “Linda Kelly does not discuss investigations with anyone outside the
> > attorney general’s office,” he said.
> >
> > During one interview, when WTAJ reporter John Clay told Corbett that
> > it was his understanding that there is no investigation into The
> > Second Mile right now, Corbett shook his head in agreement, according
> > to raw video the station shared with The Patriot-News.
> >
> > Later, the video shows Corbett saying there is “no indication that The
> > Second Mile is under investigation.”
> >
> > It is clear from what is public — the grand jury presentments against
> > Sandusky and two Penn State officials and the public knowledge of
> > certain subpoenas — that the investigation does involve issues related
> > to the charity.
> >
> > State grand jurors alleged Sandusky met almost all of the 10 victims
> > he is accused of sexually abusing through the charity, plus travel and
> > financial records have been requested from charity officials.
> >
> > At least two Second Mile employees testified before the grand jury,
> > including the former CEO, Jack Raykovitz.
> >
> > Thursday, The Patriot-News confirmed that the U.S. attorney’s office
> > has begun to issue subpoenas on the topic, too.
> >
> > Federal prosecutors also informally requested documents from The
> > Second Mile, a source said.
> >
> > An attorney for the late Joe Paterno, fired as the scandal unfolded,
> > confirmed that files regarding Sandusky and kept by Paterno will be
> > shared with federal prosecutors, too.
> >
> > Penn State spokeswoman Lisa Powers said the university is cooperating
> > with the request, dated Feb. 2, which asks for the following:
> >
> > * Any records of any payments by Penn State board members to the
> > university or to third parties on the university’s behalf.
> > * Information starting in 1998 about Penn State, ousted President
> > Graham Spanier, Athletic Director Tim Curley — he is on administrative
> > leave — and retired Vice President Gary Schultz, Sandusky and The
> > Second Mile.
> > * Hard drives from all four men, complaints, correspondence and
> > out-of-court settlements about Sandusky or The Second Mile.
> > * Reporting requirements relating to allegations of misconduct by
> > staff or individuals associated with the university.
> >
> > Some members of the Penn State board of trustees, reached by phone
> > Friday, said they had no indication of why those records were being
> > requested.
> >
> > Sandusky is charged with more than 50 counts of child sex abuse
> > stemming from two state grand jury presentments. But Penn State is
> > juggling several other investigations related to Sandusky and to
> > Curley and Schultz, the two administrators who are charged with
> > failing to tell police about an alleged incident reported to them on
> > campus in 2002, then lying about it to a grand jury.
> >
> > First, the state attorney general’s investigation is ongoing. The
> > grand jury continues to meet in Harrisburg.
> >
> > Penn State also is in the midst of an internal review being conducted
> > by former FBI Director Louis Freeh.
> >
> > There is an NCAA inquiry.
> >
> > And officials from the U.S. Department of Education are checking to
> > see if the university is in compliance with the Clery Act, the federal
> > law that mandates that universities report crimes.
> >
> > In late November, a team of officers began gathering thousands of
> > pages of documents and interviewing officials about possible Clery Act
> > violations. The gathering process was expected to take weeks.
> >
> > Penn State said it can’t give the Department of Education the 1998
> > police investigation in which Sandusky was never charged after two
> > boys alleged he touched them during showers in the Penn State locker
> > room.
> >
> > Under state law, the university can’t turn over “investigative
> > information” to any noncriminal justice agency, Powers said.
> >
> > The Clery Act investigation possibly also includes an alleged report
> > in 2002, the reason that Curley and Schultz are charged.
> >
> > That incident, allegedly brought to the men by then-graduate assistant
> > Mike McQueary, is disputed. But grand jurors found McQueary, who went
> > on to become an assistant coach, to be most credible when he testified
> > that he saw Sandusky sexually assaulting a boy in a shower at the Penn
> > State locker room and later told Curley and Schultz about it.
> >
> > Curley, Schultz and Sandusky all maintain their innocence.
> >
> > “My personal opinion, based solely on a review of the policies at the
> > time, is that there was a gap in Clery compliance,” said S. Daniel
> > Carter, the former director of public policy and current consultant
> > for Security On Campus Inc.
> >
> > Carter has interviewed for a position Penn State has created in the
> > wake of the scandal for someone to solely handle Clery Act compliance.
> >
> > Right now, that responsibility falls within the university police
> department.
> >
> > “Only the Department of Education can say authoritatively that an
> > institution was in violation of the Clery Act,” Carter said. “So, the
> > best I can say is that I believe there is evidence of it.”
> >
> > By law, individuals can’t be charged with violating the act. Only an
> > institution can be charged, Carter said, and the law outlines the
> > procedure for mandated reporting to include any official with
> > significant responsibility for student and campus activities,
> > including an athletic director or team coach.
> >
> > “Chain-of-command reporting is perfectly permissible,” Carter said.
> > “And, in fact, [it is] something I recommend so an individual official
> > may report it to their supervisor who would then report to the
> > collecting authority. This may have been one of the ‘gray areas’ at
> > issue in 2002.”
> >
> > Prosecutors say Schultz, head of university police at the time, and
> > Curley never gave the 2002 report to campus police — the Clery Act
> > reporter for Penn State.
> >
> > That year, Penn State originally reported to the U.S. Department of
> > Education that it had no sex offenses on campus.
> >
> > Two years later, Security On Campus called the school out on it, and
> > then-Police Chief Tom Harmon acknowledged a mistake was made and
> > updated the report to 13.
>
>
> ------------------------------------
>
> Tell your Penn State friends about us! If they
> want to subscribe, have them send a message to:
> We_Are_Penn_State-subscribe@yahoogroups.com
>
> All "We Are...Penn State" messages are archived at:
> http://groups.yahoo.com/group/We_Are_Penn_State/messages
>
>
>
> We Are...Penn StateYahoo! Groups Links
>
>
>
>


--
Dave Kroll   Penn State Proud
DB2 and IMS from Soup 2 Nuts Support

210-827-1382    (-Cell-)
256-325-6952    (-Home-)

[image: Picture]


[Non-text portions of this message have been removed]

Sara Ganim:

>> An attorney for the late Joe Paterno, fired as the scandal unfolded,
confirmed that files regarding Sandusky and kept by Paterno will be shared with
federal prosecutors, too. <<

Carl:

>> I don't understand how to read this sentence (fired by whom? was he Paterno's
attorney until he died? why does he have any files?). Can anyone interpret it
unambiguously? <<

It's my understanding that Joe was an inveterate note-taker. The files in
question could easily include notes of the following discussions which might be
of interest to investigators...

1999: Joe tells Sandusky he won't be the next head coach and advises him to take
advantage of the early retirement window

2002: Mike McQueary's report of the shower incident

2002: Joe's discussion(s) with Curley and Schultz, both the original report and
follow-up discussions

Penn State Proud, Trader Kevin

>> Nils Frederiksen, on behalf of the attorney general's office, said something
similar.

"[Gov. Corbett is] certainly not in the position to speak about what may or may
not be part of a grand jury investigation...He's not been involved in the
investigation since Jan. 18, 2011, when he became governor."

And, abiding by grand jury secrecy rules, Linda Kelly, whom Corbett appointed to
take his place after winning the election, isn't giving her predecessor any kind
of updates, Frederiksen said.

"Definitely not. Linda Kelly does not discuss investigations with anyone outside
the attorney general's office,” he said. <<

Anybody who believes Corbett isn't being updated or can't the information from
his former staffers in the AG's office is a sucker.

Penn State Proud, Trader Kevin

>> "Chain-of-command reporting is perfectly permissible," Carter said. "And,
IN FACT, [IT IS] SOMETHING I RECOMMEND so an individual official may report it
to their supervisor who would then report to the collecting authority. This may
have been one of the 'gray areas' at issue in 2002." <<

Yet more evidence that Joe acted properly after hearing about the 2002 shower
incident from Mike McQueary.

Penn State Proud, Trader Kevin

You mean the follow up discussions that Paterno implied that he did not have, at
least according to Sally Jenkins?

	 * Paterno’s portrait of himself is of an old-world man profoundly confused by
what McQueary told him, and who was hesitant to make follow-up calls because he
did not want to be seen as trying to exert any influence for or against
Sandusky. “I didn’t know which way to go,” he said. “And rather than get
in there and make a mistake . . .” 
>
While I grant you that this does not outright say that Joe never had any follow
up conversations, that is clearly what was implied. It would make little sense
to say  “And rather than get in there and make a mistake . . . ” if
he had in fact made a call or followed up at all.
 
Bruce


________________________________
  From: Trader Kevin <cbot_kevin@...>


It's my understanding that Joe was an inveterate note-taker. The files in
question could easily include notes of the following discussions which might be
of interest to investigators...


2002: Joe's discussion(s) with Curley and Schultz, both the original report and
follow-up discussions

[Non-text portions of this message have been removed]

Bruce:

>> You mean the follow up discussions that Paterno implied that he did not have,
at least according to Sally Jenkins? <<

If it makes you feel better, I'll amend my statement as follows...

"2002: Joe's report to Curley/Schultz and follow-up discussions, if any."

Penn State Proud, Trader Kevin

Dave Kroll:

>> The picture y'all posted was from 2011...I'm assuming you knew that and are
asking us to infer that nothing has changed? <<

Yes, I'm aware the article was written a year ago. Nothing has changed in the
sense that Penn State does not have a dedicated basketball facility like the
palaces at Carolina, Duke, Kansas, Kentucky, Pitt, and The 'Cuse. Nor do they
have plans to build one, as is being done at The Ohio State.

Nor has anything changed in terms of the men's basketball team having first dibs
on the BJC. At minimum THON trumped the hoopers. And if a situation similar to
the Bon Jovi tour prep arose again, Chambers' boys would have to find a new
place to practice.

Also, it's my understanding that the BJC is NOT controlled by the athletic
department. My understanding is that the job of the BJC's administration is to
maximize revenue for the facility, not to accommodate the basketball team.

If you have information that contradicts what I've written, please post it.
Thanks in advance.

Penn State Proud, Trader Kevin

Story by Brett Richins
DeepShadesofBlue.com
February 23, 2012

BYU announced Thursday that it will travel to Lincoln, Nebraska to face the
Nebraska Cornhuskers of the Big Ten Conference on Sept. 5, 2015.

This game appears to be the first step towards additional future games with the
Big Red. The BYU press release quotes athletic director Tom Holmoe as saying
that, "I look forward to developing a longterm relationship with Nebraska."

His statement alluding to a future relationship would seem to indicate that more
games with Nebraska are forth coming and was no doubt a preemptive strike aimed
at curbing potential outcries from BYU fans complaining about what appears to be
a one-and-done arrangement.

It is likely that other games with the Huskers are close to being finished, and
that BYU was essentially forced into announcing this one game to the public
before it really wanted to because of Nebraska's intent to announce that it had
finalized its 2012 and 2015 schedules. This looks like it could eventually end
up like the series BYU set up with Texas.

On Feb. 13th, Holmoe appeared on BYUtv's TrueBlue program and said that games
with a couple of big-name schools that BYU fans would be excited about would be
announced shortly. He also mentioned that these games were ones that at one
point were on, and then appeared to be off, then came back on again.

Deep Shades of Blue reported in 2011 that sources close the situation were
indicating that BYU was close to announcing a deal to play the Cornhuskers. At
that time the deal appeared to be a home-and-home series along with a game to be
played at a neutral site.

http://byu.rivals.com/content.asp?CID=1335173

My understanding is that if the State explicitly sets forth in its law that it
is preempting local governments, then a judge will no have any freedom to make a
ruling such as this.  The local governments exist pursuant to state authority.

Sent from my iPad

On Feb 25, 2012, at 12:44 PM, Bob DeMarco <rtdemarco@...> wrote:

>
http://www.propublica.org/article/new-york-court-affirms-towns-powers-to-ban-fra\
cking
>
> Bob
> Bob DeMarco
> Alzheimer's Reading
>
Room<http://www.alzheimersreadingroom.com/2010/02/about-alzheimers-reading-room.\
html>
> http://www.alzheimersreadingroom.com
>
> [Non-text portions of this message have been removed]
>
>


[Non-text portions of this message have been removed]

Ken:

>> My understanding is that if the State explicitly sets forth in its law that
it is preempting local governments, then a judge will no have any freedom to
make a ruling such as this. The local governments exist pursuant to state
authority. <<

You may be right, but it happened again yesterday. That's two victories this
week for clean water advocates.

Story by Dan Wiessner
Reuters
February 25, 2012

ALBANY, N.Y.--A New York state judge on Friday upheld an upstate community's ban
on gas drilling, marking the second victory this week for opponents of the
drilling method known as fracking.

The authority vested in towns and cities in New York to regulate use of their
land extends to prohibitions on drilling, acting state Supreme Court Justice
Donald Cerio ruled on Friday, dismissing arguments by a landowner who had
already sold leases on almost 400 acres.

"Municipalities are not preempted...from enacting local zoning ordinances which
may prohibit oil, gas and solution drilling or mining," Cerio wrote. "The state
maintains control over the 'how' of (drilling) procedures while the
municipalities maintain control over the 'where.'"

Jennifer Huntington, a dairy farmer, argued the town of Middlefield's ban was
pre-empted by a state law designed to create a uniform regulatory scheme for the
oil and gas industry. Cerio disagreed, holding that nothing in the legislative
history of the law and its numerous amendments suggested state lawmakers
intended to stop towns from barring heavy industry.

Middlefield is about 70 miles west of the state capital, Albany.

Cerio's ruling was similar to a decision released on Tuesday that dismissed a
bid by gas company Anschutz Exploration Corp to overturn a drilling ban in the
Ithaca, New York, suburb of Dryden.

In that decision, Supreme Court Justice Phillip Rumsey held state law was
crafted to regulate industry in such a way that "protects the rights of all
persons."

The rulings come as the state Department of Environmental Conservation prepares
a final report on the safety of fracking, which is currently not allowed in New
York. Governor Andrew Cuomo is expected to make a final decision on the issue
later this year.

Fracking is a process in which chemical-laced water and sand are blasted deep
below ground to release oil and natural gas trapped within rock formations. It
has allowed companies to tap a wealth of new natural gas reserves in other
states, but critics say the procedure has polluted water and air.

Middlefield's attorney, David Clinton, was not immediately available to comment,
but said earlier on Friday that victories in his case and in Dryden could have
statewide implications.

"For the last year or so, the gas industry has been threatening (towns), 'you're
going to lose in court, so don't even waste your money,'" said Clinton. "So (the
Dryden decision) certainly emboldens other towns."

Huntington's lawyer, Scott Kurkoski, did not immediately return a request for
comment, but said earlier this week that a ruling in favor of the town could
chase drilling companies from the state.

The case is Cooperstown Holstein Corp. v. Town of Middlefield, New York State
Supreme Court, Otsego County No. 011-0930.

http://af.reuters.com/article/commoditiesNews/idAFL2E8DP00220120225?sp=true

Nope... just a clarification... thanks

On Sat, Feb 25, 2012 at 2:56 PM, Trader Kevin <cbot_kevin@...> wrote:

> **
>
>
> Dave Kroll:
>
> >> The picture y'all posted was from 2011...I'm assuming you knew that and
> are asking us to infer that nothing has changed? <<
>
> Yes, I'm aware the article was written a year ago. Nothing has changed in
> the sense that Penn State does not have a dedicated basketball facility
> like the palaces at Carolina, Duke, Kansas, Kentucky, Pitt, and The 'Cuse.
> Nor do they have plans to build one, as is being done at The Ohio State.
>
> Nor has anything changed in terms of the men's basketball team having
> first dibs on the BJC. At minimum THON trumped the hoopers. And if a
> situation similar to the Bon Jovi tour prep arose again, Chambers' boys
> would have to find a new place to practice.
>
> Also, it's my understanding that the BJC is NOT controlled by the athletic
> department. My understanding is that the job of the BJC's administration is
> to maximize revenue for the facility, not to accommodate the basketball
> team.
>
> If you have information that contradicts what I've written, please post
> it. Thanks in advance.
>
> Penn State Proud, Trader Kevin
>
>
>



--
Dave Kroll   Penn State Proud
DB2 and IMS from Soup 2 Nuts Support

210-827-1382    (-Cell-)
256-325-6952    (-Home-)

[image: Picture]


[Non-text portions of this message have been removed]

Story by Ken Goe
The Oregonian
February 24, 2012

A NCAA investigation into the Oregon football program has come to a preliminary
conclusion that the Ducks broke rules in 2008, 2009, 2010 and 2011 according to
documents released by the school on Friday.

The NCAA investigation and a parallel investigation being conducted at the
school's behest by the law firm Bond, Schoeneck & King are continuing.

The NCAA's proposed findings of violations are not a Notice of Allegations, a
formal procedural step that would indicate the NCAA is ready to make a case. A
UO spokesman said the school has not received a formal Notice of Allegations.

The first of the documents was received by the school on Dec. 16. After Oregon
responded to the first document, the NCAA followed with a second notice of
proposed findings that included some minor changes.

UO general counsel Randy Geller said the school received the revised proposed
findings in February. Geller said Oregon again has responded, and is waiting to
hear from the NCAA. Oregon does not necessarily agree with the NCAA's proposed
violations, a UO spokesman said.

The documents suggests that the Oregon football program broke a series of NCAA
rules between 2008 and 2011:

* The Ducks improperly used three recruiting or scouting services, Elite
Scouting Services, New Level Athletics and Complete Scouting Services between
2008-2010.

The services are allowed to deliver only written reports and videos to their
clients. Preliminary NCAA findings indicate the Ducks received oral reports from
ESS and NLA, and from CSS in 2010. In addition, CSS did not provide Oregon with
the NCAA mandated minimum for the number of formal reports it must provide a
school in a calendar year.

Elite's Charles Fishbein disputed the NCAA findings.

"Everything we provided was available in hard copy and on our Web site,"
Fishbein said.

Baron Flenory, who runs NLA, and Willie Lyles of CSS could not be reached for
comment.

* In the years 2009, 2010 and 2011, Oregon used an impermissible athletic
department employee to recruit. It was not clear Friday who that was.

* The athletic department failed to adequately monitor the football program's
use of recruiting or scouting services, and failed to adequately establish
policies and procedures to monitor the football program's use of recruiting or
scouting services.

The NCAA's preliminary report found seven violations. Four were completely
redacted by the school, citing the Family Educational Rights and Privacy Act, or
state law and Oregon Administrative Rules. Another was redacted partially.

Oregon first came under NCAA scrutiny in March 2011 when reports surfaced that
the football program had spent $25,000 on a national recruiting package from
Lyles and CSS in 2010, shortly after highly-recruiting running back Lache
Seastrunk signed a letter of intent with Oregon. Lyles had a mentoring
relationship with Seastrunk.

It subsequently was revealed that the Houston-based Lyles functioned as a mentor
or advisor for a number of Oregon players from Texas, including LaMichael James,
Tra Carson, Dontae Williams and Marcus Davis.

Seastrunk, Williams and Davis left the program while having remaining
eligibility. James declared for the NFL draft this winter after his junior
season.

Oregon went 44-9 in the period in which the NCAA alleges Oregon broke rules. The
first of those years marked Mike Bellotti's final season as head coach before
Chip Kelly took over and led the Ducks to three consecutive berths in BCS bowls,
the most lucrative of postseason games. The record in the overall span marks the
Ducks' most successful run in football history.

Last season Kelly was paid a base salary of $2.8 million. In the 2012-13 season
he is scheduled to be paid $3.5 million. If the situation escalates, his
contract states that the university has "just cause" to terminate him if he
knowingly violates NCAA rules in a way that adversely impacts the university or
results in the football program being placed on probation.

In an email to Oregon supporters, athletic director Rob Mullens emphasized that
the NCAA process is continuing.

"While we have no specific timetable on the inquiry, we remain in close
communication with the NCAA as the process advances cooperatively through each
stage," Mullens wrote. "Currently, pursuant to the NCAA's process, we are in
constructive negotiations with the NCAA on the draft of their proposed
findings."

Oregon also launched its internal investigation in March. Through the end of
calendar year 2011, Bond, Schoeneck & King had billed the school $100, 527.44.

The school has not released an invoice from the law firm for January in response
to a public records request from The Oregonian this week.

http://www.oregonlive.com/ducks/index.ssf/2012/02/ncaa_investigation_preliminary\
.html

Here's the subpoena...

http://www.psu.edu/ur/2012/openness/DOJ_subpoena.pdf

Penn State Proud, Trader Kevin

I'm not sure why the basketball team would have to use the IM Building for
practices. There are practice facilities right in the BJC.

"The Bryce Jordan Center is not just the game day home to the Penn State
basketball teams. The building includes newly renovated locker rooms and team
lounges for the Nittany Lions and Lady Lions. The student-athletes on both the
men's and women's basketball teams are just steps away from their team video
rooms, training facility, weight room, a full-sized practice gym that is
complete with six baskets and the basketball coaches offices."

http://www.gopsusports.com/facilities/bryce-jordan-center.html

Joe

Joe Keffer:

Because Bon Jovi is more important than Penn State hoops...

After being pushed out of the Bryce Jordan Center for practices last week in
advance of their game at Michigan State last Thursday--due to the Bryce Jordan
Center becoming rehearsal space for Bon Jovi's tour--the Nittany Lions continue
to face scheduling conflicts with practice time in their home arena.

Like last week, the team practiced this afternoon not on the main arena floor of
the BJC, or in the South Gym--the practice facility in the BJC for both the
men's and women's team--but instead, across the street at Penn State's
Intramural Building in what until a month ago had been exclusively a volleyball
only gym.

http://bwi.rivals.com/content.asp?CID=1189418

This is just an epic failure on the part of the University. I agree with you
that PSU hoops should ALWAYS have access to their own practice court. This kind
of crap would never happen at Carolina, Duke, Cuse, etc.

Nor can one imagine PSU football being denied use of the Lasch Building and the
adjacent practice fields or Cael's boys being kicked out of the Lorenzo
Wrestling Complex.

Penn State Proud, Trader Kevin

During thon weekend the south annex gym is use for thon families.  The bball
team was on the road anyways.

Sent from my iPad

On Feb 26, 2012, at 2:17 PM, "Joe" <keffer4@...> wrote:

> I'm not sure why the basketball team would have to use the IM Building for
practices. There are practice facilities right in the BJC.
>
> "The Bryce Jordan Center is not just the game day home to the Penn State
basketball teams. The building includes newly renovated locker rooms and team
lounges for the Nittany Lions and Lady Lions. The student-athletes on both the
men's and women's basketball teams are just steps away from their team video
rooms, training facility, weight room, a full-sized practice gym that is
complete with six baskets and the basketball coaches offices."
>
> http://www.gopsusports.com/facilities/bryce-jordan-center.html
>
> Joe
>
>


[Non-text portions of this message have been removed]

NOTRE DAME, Ind.--Senior Matthew Mackrides (Newtown Square) scored the
game-winning goal with two seconds remaining in overtime to propel the No. 20
Penn State men's lacrosse team to a 4-3 win over No. 2 Notre Dame at Arlotta
Stadium on Sunday afternoon. The Nittany Lions, who broke Notre Dame's 15-game
February win streak, improved to 2-1 with the victory against their
highest-ranked opponent in program history.

With the game knotted at 3-3 in the extra frame, Mackrides took the ball from
behind the cage, beat the man coverage and slipped the shot past Notre Dame
goalkeeper John Kemp in the waning seconds. The victory marked Penn State's
first over the Fighting Irish since a 10-9 overtime win in 2002.

http://www.gopsusports.com/sports/m-lacros/recaps/022612aaa.html

The future's so bright, I gotta wear shades...

Penn State's recent hires

Women's Basketball: Coquese Washington's team will be ranked in the Top Ten in
tomorrow's polls.

Men's Lacrosse: Jeff Tambroni delivered the biggest victory in school history
today.

Wrestling: Cael Sanderson won Penn State's first National Championship in more
than half a century last year and is favored to repeat. (And will likely be
favored to three-peat next season.)

How can a Penn State fan not feel good about Pat Chambers and (especially) Bill
O'Brien?

Penn State Proud, Trader Kevin

>> Women's Basketball: Coquese Washington's team will be ranked in the Top Ten
in tomorrow's polls. <<

I forgot to mention winning the Big Ten regular season title.

I didn't know about Coach O'Brien's mother...

STATE COLLEGE, Pa. (AP)--Maggie Lucas scored 24 points and No. 11 Penn State
smothered cold-shooting Minnesota to claim sole possession of the Big Ten title
with a 74-51 rout Sunday.

Penn State has won a season-high seven straight, including the last five by
double digits.

Washington said the team would get motivation from the roughly 500 breast cancer
survivors and about 13,000 other fans in the stands wearing pink for the annual
"Pink Zone" game to raise money for breast cancer causes.

New football coach Bill O'Brien was sitting the courtside, too, wearing a pink
shirt as he voiced his support for a charity that hit home--O'Brien told the
crowd his 80-year-old mother is a two-time breast cancer survivor.

On the court, Penn State's 13 conference wins matched the program's highest
total since 2004-5.

http://www.google.com/hostednews/ap/article/ALeqM5iiYf7Yad2wC0McsJ_4eCItLxceVA?d\
ocId=6af13e4be64a4cffa7b0633ac55910a9