Ex-PSU president's lawyers dispute Freeh report

Wednesday , August 22, 2012 - 10:45 AM

Maryclaire Dale

PHILADELPHIA — A lawyer for ousted Penn State President Graham Spanier attacked the university-sanctioned report on the Jerry Sandusky sex-abuse scandal Wednesday, calling it a “blundering and indefensible indictment” of the long-time school leader.

Defense lawyer Timothy Lewis called Louis Freeh, who had served as both FBI director and a federal judge before leading the investigation that produced the report, a “biased investigator” who piled speculation on top of innuendo to reach pre-formed conclusions.

Lewis’s remarks come at a press conference in downtown Philadelphia designed to address Freeh’s accusations that Spanier helped Penn State cover up complaints about Sandusky in 1998 and 2001. Sandusky was convicted this year of sexually assaulting 10 boys and awaits sentencing.

Spanier, who has not been charged in the case, was not at the news conference.

Lewis says Spanier had “scant involvement” in the reports — and had no idea either complaint was sexual in nature.

Freeh’s report, Lewis said, assumes that former graduate assistant Mike McQueary told coach Joe Paterno in 2001 that he saw something sexual in a locker room shower, and that Paterno echoed that to athletic director Tim Curley and vice president Gary Schultz.

Freeh likewise presumes they in turn told Spanier that McQueary saw something sexual.

“Curley and Schultz have denied that they ever told Dr. Spanier anything of the sort,” Lewis said. “Horseplay was referred to over and over again, but never with any sexual connotation. ... But Judge Freeh paid no attention to that.”

“The Freeh report, as it pertains to Dr. Spanier, is a myth. And that myth ... ends today,” Lewis said.

Freeh’s report alleges Spanier and late coach Joe Paterno participated in a cover-up to spare the school bad publicity. Spanier and Paterno were fired in November, a few days after Sandusky was charged.

Curley and Schultz have been charged with perjury and failing to report suspected child abuse.

Spanier’s lawyers said they have not received any target letters to suggest Spanier is the target of a criminal investigation, and don’t know if he’ll be charged. But they said there’s not a “scintilla” of evidence to support such charges.

“That’s out of our control,” said lawyer Jack Riley, one of four Spanier lawyers at the news conference.

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