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7. How will Penn State address Mike McQueary's lawsuit?
A plausible way for Penn State to address victims' lawsuits would be to seek a global settlement, whereby those who show sufficient evidence that they were victimized by Sandusky either at Penn State or through his association with Penn State can draw on a university fund. The upside of such a fund for victims would be avoiding going to trial, which would produce a public record; avoiding any appeals process; and receiving compensation and closure. The upside to Penn State would be avoiding litigation and the public spectacle of opposing Sandusky's victims in court. In terms of the amount victims would be paid through a fund, one indicator may be the average of settlements between the Catholic Church and victims of sex abuse. According to BishopAccountability.org, that number is $268,466.
No,http://www.coachfactorysale-outlet.com/. To be sure, Sandusky maintaining his innocence and blaming his victims in the face of overwhelming evidence seems offensive and absurd. But there are at least three possible explanations.
While in prison, Sandusky will be able to purchase a television and watch a limited selection of programming, including college football. He'll also be able to work, although he is barred under Pennsylvania law from profiting from his crimes. As a result, he cannot profit from any book he writes on the trial or accept paid television interviews,Coach Factory Online.
3. What kind of prison will Sandusky be housed in?
Even if the victims' claims are not barred by statute of limitations or sovereign immunity, Penn State could insist that it satisfied any legal duties owed to Sandusky's victims. Granted, the Freeh Report paints Penn State as irresponsible and incompetent in its employment of Sandusky. But the report was an investigation and critique, not an application of law to facts. The report also does not conclusively say Penn State owes money to Sandusky's victims,www.coachfactorysale-outlet.com. A trial of Penn State's actions would also be different from the Freeh investigation, which interviewed some but not all witnesses, examined evidence without worrying about its admissibility in court, lacked subpoena power and conducted interviews of persons who were not under oath.
Second, Sandusky may wish to give his family and friends reason to believe him. If he instead admitted to being a serial rapist, his family and friends would probably be less inclined to visit him in prison. Prisoners often say that visits from loved ones keep them going.
Penn State could also cite the doctrine of sovereign immunity, which generally holds that citizens cannot sue governments and their agencies. The doctrine has been extended to publicly funded state colleges. Penn State, however, has taken steps to distinguish itself as a "state-related" institution as opposed to a "state institution," and it claims some autonomy and independence from the state. The further the university is from being considered a traditional "state college," the less it can rely on sovereign immunity.
The Clery Act, a federal law mandating comprehensive reporting and notice of on-campus crimes, is an underappreciated problem for Penn State. The Freeh Report makes clear that the university failed to follow the law. The Department of Education is currently evaluating Penn State's responsibility and will likely announce fines in the millions of dollars.
Former Penn state assistant coach Mike McQueary,Coach Factory Sale Outlet, who witnessed Sandusky rape Victim 2 and then later reported what he saw to Joe Paterno and a grand jury, recently sued Penn State in a whistleblower and defamation suit. McQueary was placed on paid administrative leave in November 2011 and was not retained by new coach Bill O'Brien for the 2012 season. McQueary claims Penn State caused him $4 million in damages through several types of harm. Among them: The university made him a scapegoat while protecting athletic director Tim Curley and vice president Gary Schultz (both of whom will go on trial in January); it gave him no credible opportunity to interview for a job with O'Brien; and it defamed his reputation. McQueary claims $4 million in damages.
The defamation claim, meanwhile, is based on statements made by then-Penn State president Graham Spanier, who endorsed the accounts of Curley and Shultz and thus cast doubt on McQueary's testimony. In response, expect Penn State to contend that the statements never mentioned McQueary and do not rise to defamation. The statements were also made in the context of a legal investigation where facts were still being determined.
Wherever Sandusky is assigned, he will likely request special protection, including supervised and controlled interaction with other prisoners. Unfortunately for Sandusky, Pennsylvania does not separate sex crime offenders from the general prison population. It is possible, however, that prison officials could take his celebrity into account if it's determined he is a more likely target because of his notoriety. Regardless, Sandusky will have to interact with other prisoners.
The sentence was less than expected. Cleland could have imposed a minimum sentence ranging from approximately 10-220 years in prison. Prior to the sentencing, one of Sandusky's attorneys, Karl Rominger, stated that among realistic outcomes the best-case scenario for Sandusky would be a 30-year minimum sentence. That's what Sandusky received.
Penn State is poised to prevail over these claims. Even in normal circumstances, a new head coach usually brings in new assistant coaches who share his coaching philosophy and who are loyal. McQueary, like most "holdovers," was unlikely to be retained by O'Brien regardless of his connection to Sandusky or any stigma suffered from an administrative leave. Indeed, O'Brien only retained two coaches from Paterno's staff: Larry Johnson and Ron Vanderlinden. Therefore, the university probably can show it had a lawful reason to let McQueary go. If so, McQueary will have difficulty prevailing on the whistleblower claim.
2. What are Sandusky's prospects for appeal?
Still, given Sandusky's age of 68, a sentence of at least 30 years in prison is essentially tantamount to a life sentence. Only a tiny percent of the U.S. population lives to 98, and Sandusky would have to do so as a child rapist living in prison conditions. By imposing what likely amounts to a life sentence, Cleland sent a clear message: Sandusky inflicted grotesque crimes on children and caused them irreparable harm, and thus deserves to spend his remaining years behind bars. It's a message to Sandusky and other child predators. It remains to be seen whether Sandusky's victims think the sentence matches the severity of the crimes.
First, Sandusky may genuinely believe he is innocent. He would not be the first guilty defendant to "recall" the past differently than everyone else.
Amendola contends his client should be assigned to a minimum-security prison. Don't expect that. Although Sandusky's advanced age suggests he will necessitate health care and not pose a threat to other prisoners, he is still a convicted child rapist who perpetuated violent crimes over many years. And he still refuses to admit his wrongdoing, let alone ask for forgiveness. Along those lines, placement in a minimum-security Pennsylvania prison such as Laurel Highlands (where as many as 20 percent of the inmates are elderly or suffering from medical disability) could appear inappropriately generous. Expect placement in a medium- or maximum-security facility instead.
Lastly, Sandusky might argue that the counsel he received from Amendola was so poor that it constituted ineffective assistance of counsel. This argument, which obviously would not be raised by Amendola, is sure to fail. Sandusky, who was a professor emeritus at Penn State, is undoubtedly a sophisticated defendant who could have sought legal counsel elsewhere. Even if Sandusky could prove Amendola was incompetent, he would still have to show that it made a difference in the trial's outcome.
Third, Sandusky may have a strategic purpose: self-preservation. He knows other inmates often target prisoners who committed sex crimes against children. Sandusky may surmise that if he maintains his innocence and claims he was victimized by some combination of conspiracy and scapegoating, other prisoners may be less inclined to view him as a child rapist and thus less inclined to hurt him.
While individual cases and state laws vary, Sandusky's sentence is somewhat short compared to sentences handed to other child rapists. An Alabama judge, for example, recently sentenced 25-year-old Mark Anthony Beecham to 634 years in prison for kidnapping, raping and sodomizing children. Although prison sentences in excess of plausible life expectancy may seem unnecessary, they serve the important function of recognizing the degree of harm caused.
5. How will Penn State defend against lawsuits filed by Sandusky's victims?
For the next few weeks, Sandusky will be housed at Camp Hill state prison, where his physical and mental health will be evaluated. The Pennsylvania Department of Corrections will then decide where Sandusky is incarcerated and the circumstances of his incarceration.
Sandusky is also poised to argue that he did not receive enough time to wage an effective defense. Amendola made several requests early on for "continuances" to better review the government's evidence, but they were denied. It's true that the prosecution of Sandusky moved relatively fast, though probably not to such an extent that Sandusky will be awarded a new trial. The fact remains that the evidence against Sandusky was overwhelming and came from multiple persons who had no apparent reason to lie.
For starters, Sandusky will likely claim that Cleland's decision to allow hearsay evidence in the form of one Penn State janitor testifying about a statement made by another janitor who now suffers from dementia constituted reversible judge error. This argument will probably fail, since the statement appeared to meet the "excited utterance" exception to hearsay, which says that statements made in response to unexpected and surprising events are likely true. The janitor who now suffers from dementia had just witnessed Sandusky rape a boy.
Sandusky will almost certainly file an appeal through attorney Joe Amendola and argue that he did not receive a fair trial or effective assistance of counsel. The chances of an appeal succeeding are low.
Michael McCann is director of the Sports Law Institute director at Vermont Law School, a visiting professor at University of New Hampshire School of Law and the distinguished visiting Hall of Fame Professor of Law at Mississippi College School of Law. He also serves as NBA TV's On-Air Legal Analyst. .
6. How will Penn State contend with Clery Act violations?
The university has a difficult choice regarding the victims' lawsuits. On the one hand, there's a decent chance it would prevail over the claims should they go to trial. Consider Penn State's defense: The university would likely argue some of these claims are barred by the statute of limitations, which in Pennsylvania require victims of child abuse to sue by the time they are 30. The university could also cite case law from Pennsylvania suggesting that teenage victims (as opposed to children victims) who fell prey to a sexual predator because of verbal, rather than physical, threats must file claims well before age 30. Sandusky told Victim 10 he would be excommunicated from his family if he told anyone about the rape.
1. Was the sentence surprising?
The penalty, however, could be much worse: Clery Act sanctions can include suspension of students receiving federal financial aid. If future Penn State students are barred from receiving such aid, the university would have a much harder time recruiting students. Given Penn State's acceptance of responsibility, it is unlikely the Department of Education would impose such a devastating penalty.
Penn State will be dealing with the legal fallout of Sandusky's crimes for years. Most immediately, it faces lawsuits brought, or soon to be brought, by Sandusky's victims. "Victim 1" has already sued the university, claiming Penn State knew Sandusky was a "dangerous, sociopathic sexual predator" and failed to prevent Sandusky from harming him. Additional victims' lawsuits are expected. The number of persons victimized by Sandusky could be several dozen, if not more, and many of them could sue Penn State.
Judge John Cleland has sentenced former Penn State defensive coordinator Jerry Sandusky to . Sandusky, who in June was convicted on 45 counts of child abuse, will not be eligible for parole. Here's a look at the key questions following Tuesday's sentencing and the implications for Penn State moving forward.
4. Were the Sandusky comments aired Monday night on Penn State radio surprising?
Litigating would also pose the risk of the university losing in court and being forced to pay millions of dollars in damages. Penn State may also not be able to rely on its insurance company (Pennsylvania Manufacturer's Association) to pay litigation damages, as the two are already in court, fighting over whether insurance covers civil liability related to Sandusky.
On the other hand, the prospect of years of litigation to Penn State would undermine the tone the university has set in the wake of Sandusky's conviction: to apologize and move on. The university, for instance, immediately reached out to victims in the wake of Sandusky's verdict. It also,Coach Outlet, through the actions of Penn State president Rodney Erickson, quickly accepted NCAA sanctions. Litigation against Sandusky's victims would prove controversial and might tarnish Penn State's reputation well beyond the football program, including in fund raising and admissions.
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"I feel like that we're young," Brown told CNN's Larry King days after his sentencing,Coach Factory Sale Outlet. "We're both young. So nobody taught us how to love one another. Nobody taught us a book on how to control our emotions or our anger. I'm not trying to fall on the fact that I'm young. I'm just saying it's a lot of stuff that I wish I could have changed that night."
Brown was arrested after an early morning argument inside a rented Lamborghini on a Hollywood street on February 8, 2009.
The singer sent an unsolicited statement to CNN announcing he was breaking up with Karrueche Tran, the 24-year-old model he began dating a year after he was arrested for the felony assault.
CNN's Denise Quan contributed to this report.
"I have decided to be single to focus on my career," Brown said. "I love Karrueche very much but I don't want to see her hurt over my friendship with Rihanna. I'd rather be single allowing us to both be happy in our lives."
"He just can't bother her," Rihanna's lawyer, Donald Etra, said at the time.
Rihanna declined to speak to the probation investigator, so the probation report's details were gathered from police detectives who interviewed her soon after the attack.
Brown has made several public apologies to Rihanna for the attack, which he seemed to blame on his youth. He was 19 at the time.
Brown, 23, has two more years of probation to serve for his felony assault conviction, although the judge lifted the "stay away" order that kept him from his victim last year.
Eventually, the statement said, "Robyn F,Coach Outlet. began screaming for help and Brown exited the vehicle and walked away. A resident in the neighborhood heard Robyn F.'s plea for help and called 911, causing a police response. An investigation was conducted and Robyn F. was issued a domestic violence emergency protective order."
"Officers at the scene observed numerous contusions and abrasions to the victim's face and forehead, as well as bruising to her left arm near the bicep," it said. "They also saw abrasions to her arms near both wrists and on her upper chest near her collarbone and around her neck. There were abrasions on her left leg and on the inside of her upper lips."
The order, which was to expire in 2014, required Brown to stay 50 yards away from Rihanna,http://www.coachfactorysale-outlet.com/, 10 yards if the two are at the same industry event. The judge lifted the order in February 2011 with Rihanna's consent.
The detective said Brown sent a text message nine days later, apologizing.
The judge overseeing Brown's case imposed a "stay away" order when she sentenced him to five years of probation, community service and domestic violence counseling for his felony assault conviction in August 2009.
The talk of their reunion was fueled last month when Rihanna gave Brown a quick kiss and a hug at the MTV Video Music Awards last month as Brown walked to the stage to accept an award.
Tran tweeted a short message Wednesday that appeared directed at Brown: "Bye baby."
"He beat me up," Rihanna told the police, the report said.
"What I did was unacceptable, 100 percent. I can only ask and pray that you forgive me. Please."
The pair argued while in the car driven by Brown, the police statement said. It went on to describe the assault in great detail, saying Brown punched Rihanna -- identified in the statement by her real first name,Coach Factory Online, Robyn, and the first initial of her last name, Fenty -- numerous times and put her in a headlock, restricting her breathing and causing her to start to lose consciousness. He threatened to beat her and kill her, according to the statement, and he bit her ear and her fingers.
According to Brown's probation report, the argument began over an incident at a Beverly Hills party. An earlier, sworn statement by Los Angeles Police Detective DeShon Andrews said the incident began when Rihanna found a text message on his cell phone from "a woman who Brown had a previous sexual relationship with."
Los Angeles (CNN) -- Chris Brown acknowledged Thursday he has renewed his "friendship" with Rihanna, the woman he was convicted of beating on the eve of the Grammys in February 2009.
Brown made a public apology that July in a video statement posted on his personal Web site.
"I have told Rihanna countless times, and I'm telling you today, that I'm truly, truly sorry in that I wasn't able to handle the situation both differently and better,www.coachfactorysale-outlet.com," Brown said in the Web site statement.
Rihanna told Oprah Winfrey in an emotional interview in August that Brown had been her "best friend" and she still loved him.
The announcement follows publication of paparazzi photos showing Brown and Rihanna together in public and rumors the two entertainers had reunited romantically.
Rihanna's injuries included cuts and bruises inflicted by a large ring on Brown's right hand, which he used to punch her, the probation report said.
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Foreign airlines do it better,www.coachfactorysale-outlet.com
"Things would turn around, if they served 'special brownies' ... made by the California Pot Growers Association," wrote Hermes96.
Perspective during tough times
Everyone has a bad airline story to share
(CNN) -- American Airlines is facing a possible perfect storm of Chapter 11 bankruptcy proceedings, terrible labor relations with its pilots, delayed and canceled flights, aircraft seats that won't stay put and a growing number of reported flights diverted because of various problems midflight.
"Singapore Airlines played with our children and fed them so my wife and I could eat our meals," wrote Scott603.
"Absolutely horrible airline," wrote a commenter using the name AKbearhugger. "The last time I flew with them, they destroyed my bag. Completely destroyed it. I went to the claims desk, and the "Customer Service" agent said it wasn't covered. Let them go out of business."
That comment got more than 100 "likes" from our readers.
"I work for AA, on the ramp," wrote bbrooks1963. "And I would like to tell all of you: Sorry! Some of us really do all we can to provide the best service this airline can provide. I'm one of those unfortunate ones that just might be out of a job soon, but I still and will till the end, do my job to the best of my ability and without fail."
Goose69 prefers American to the competition: "Compared to most other US carriers, American was great. US Airways, Spirit, Delta and Continental are HORRIFYING experiences from start to finish. I'd take a loose seat rather then have to fly the competition,Coach Factory Sale Outlet. Come on American pilots, get back to work and be happy you are employed."
Editor's note: This story is part of CNN's series of stories looking at interesting comments and thought-provoking conversations posted by the community.
An apology from an employee
"The NFL was just fine with replacement referees, so sure let's use replacement pilots and mechanics for American Airlines," wrote OhRReally.
"Whether you wish to fly them or not, you don't want them to go out of business or merge. Bad for the consumer!" wrote Jhaza2k. "They are definitely not worst airline though, just disgruntled employees at a trying time for this airline."
"This past weekend, I was on two AA flights that were delayed; the first because the oxygen bottles that the pilots rely on in case of a decompression were found to be EMPTY and had to be replaced; the second because the altimeter was broken. (Kind of important stuff to fix before takeoff, I think.)," continued cyansky. "These flights were manned with a crew whose captain and two flight attendants all lost their homes to foreclosure within the same time frame that AA executives awarded themselves millions of dollars in bonuses."
They're not all on American
A couple of posters claiming to work for American tried to offer some perspective.
Better airline food could help
Travel agents and customers who book their own travel are starting to question whether they should fly the airline.
"AA is my last option," wrote Rick Ruiz. "Oldest jets in the fleet, every time I board one of their planes I feel like I just time traveled 20 to 30 years. Leg room is by far the worst of any carrier. Very expensive to fly them as well,http://www.coachfactorysale-outlet.com/."
Some folks seem to have a broader perspective: Expressing compassion for the airline and its employees and noting its importance to U.S. airline competition.
"The service would still stink, but you would not care anymore."
"AA tried to renegotiate contracts prior to this but the pilots refused," wrote casprd, in reponse to sju36's comment. "Having worked there for a long time, I can say that the pilots hold the rest of the company hostage.
"My worse experience EVER was with Delta," wrote wedn28,Coach Outlet. "They are the reason I do carry-on now. I'd take my chances with US Airways or AA if I have to, but try to use Jetblue."
Comments have been edited for clarity and brevity.
People who fly foreign airlines say the airline crews treat their customers better than their U.S. counterparts.
More than 500 readers commented on CNN.com's story asking that question, many lamenting what they see as the decline of a once-proud airline and others reporting that other U.S. airlines aren't any better.
"I have over 10 million miles on American's AAdvantage program -- and I can tell you for certain their service has become a lot worse," wrote DeeJ.
"Maybe those brilliant corporate leaders at American Airlines should embrace the NFL model for skilled-employee labor disputes: call in the replacements! Hey, it's just a fully loaded 767!" wrote sju36.
Calling in replacements
"They brought them toys once an hour and helped us get on/off the plane, on more than one trip," he added. "Qatar brought my mother-in-law from the plane in JFK, through customs and immigration and right out to us, they are awesome!!"
What do you think? Share your thoughts in the comments area of this story.
The airline blames the increasing list of canceled and delayed flights on its pilots union,Coach Factory Online, after the company persuaded a bankruptcy judge last month to throw out the pilots' contract. The company says the pilots are calling in unnecessary repairs to slow down flights.
"It's so sad to see so many people making accusatory and nasty comments about AA employees when it's clear that they know nothing about what's really going on at the airline," wrote cyansky.