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Judge throws out ex-Penn State president’s conviction

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    FILE - In this June 2, 2017, file photo, former Penn State President Graham Spanier departs after his sentencing hearing at the Dauphin County Courthouse in Harrisburg, Pa. A federal judge on Tuesday, April 30, 2019 has thrown out Spanier’s child-endangerment conviction, less than a day before he was due to turn himself in to jail. (AP Photo/Matt Rourke, File)

Published May 01. 2019 05:02AM

HARRISBURG — A federal judge threw out former Penn State President Graham Spanier’s misdemeanor child-endangerment conviction on Tuesday, less than a day before he was due to turn himself in to begin serving a jail sentence.

The decision by U.S. Magistrate Judge Karoline Mehalchick in Scranton, Pennsylvania, gave state prosecutors three months to retry Spanier under the state’s 1995 child endangerment law, the version in place in 2001.

Joe Grace, a spokesman for the attorney general’s office, said the decision was under review. Spanier’s defense lawyer, Sam Silver, declined to comment.

Mehalchick agreed with Spanier that he was improperly charged under a 2007 law for actions that occurred in 2001, when he was responding to a complaint about former assistant football coach Jerry Sandusky showering with a boy on campus.

“Spanier submits that this retroactive application is unreasonable and far more extensive than anyone in 2001 would have been able to reasonably foresee,” Mehalchick wrote. “The court agrees.”

Spanier had been due to report to jail early Wednesday to begin serving a minimum sentence of two months, followed by two months of house arrest.

Spanier, 70, was forced out as Penn State president shortly after Sandusky was arrested in 2011 on child molestation charges. A year later, Spanier was accused of a criminal cover-up, although many of those charges were dismissed by an appeals court. The jury acquitted him of what remained by the time of his trial, except for the single count of child endangerment.

Lisa Powers, a university spokeswoman, said Tuesday that Spanier remains a tenured faculty member on paid administrative leave.

Spanier’s lawyers argued that the application of the law to acts that occurred years before the measure was passed violated the state and federal constitutions’ ban on retroactive application of criminal laws. The child endangerment revisions in 2007 applied the law to those “employing or supervising” people who were responsible for the welfare of a minor child.

But the judge did not agree with their argument that the statute of limitations had been improperly applied.

Prosecutors had argued the 1995 and 2007 versions of the law encompassed and criminalized the same conduct.

Spanier was convicted for how he and two of his top aides decided to respond to a report from graduate assistant coach Mike McQueary that he had seen Sandusky abusing the boy late on a Friday night in a team shower.

Spanier has said the abuse of the boy, who has never been conclusively identified, was characterized to him as horseplay.

Spanier and two of his top lieutenants, former athletic director Tim Curley and former vice president Gary Schultz, agreed to notify The Second Mile, the charity for at-risk youth where Sandusky met many of his victims, but not to call police.

Spanier gave his approval to his deputies in an email, warning that “the only downside for us is if the message isn’t ‘heard’ and acted upon, and we then become vulnerable for not having reported it.”

Curley and Schultz were also charged criminally for their actions regarding Sandusky, but on the eve of trial they both pleaded guilty to misdemeanor child endangerment and testified for the prosecution. Both have since served similar jail sentences.

Spanier did not testify at his trial and told the judge at sentencing that he regretted not intervening more forcefully.

Sandusky is doing 30 to 60 years in state prison and recently won an order for a new sentence.

Another Deviant Republican butt buddy deal was made. Sorry America, your children are sex toys for the trumpytes.
Spanier remains a tenured faculty member on paid administrative leave? Spanier was charged under a version of the child endangerment law! He still gets PSU funds? Why would anyone send their child to PSU, is beyond me.
Look folks, by his own testimony toward his "regret to intervene" Spanier deserves much more than what he's getting.
DO, once again you go off the rails and into the ditch of vulgar ignorance. You insult Republicans. You insult President Trump. A major problem in America is there are far too few Republicans at Universities today. You have, as always a flawed argument. That is no surprise since you, DO, are terribly flawed. You are a left wing nut job tainted with hatred and a low intellect. You are vulgar. Keep it up. Here you are, a dysfunctional uncaring jerk insulting the leader of the free world. This is comical and ironic. You are on full display. Have you ever been inside a college? President Trump graduated from The Wharton School of Business. I am pointing out the hypocrisy. Everyone loves it. Joke on you...brudda.
Without doubt, Spanier swings left. Well, without doubt... He Swings.
Spanier once wrote an academic paper entitled Mate Swapping.
Spanier publicly pronounced that he sought to make PSU the most homosexual-friendly university in America.
There were two highly controversial events at PSU, under Spanier’s watch. The Nov. 2000 CUNTFEST: a Declaration of Womyn's Independence.
Sex Faire. They had games and fun things for the kids, which included “Pin the Clitoris on the Vulva,” “Smut and other Great Literature,” plus “Orgasm Bingo.” In addition, a “Tent of Consent” allowed participants to engage in whatever type of consensual sexual activity they so desired.
Look it up folks.
This was about the time Digger Out got thrown out of PSU.
Look up Tom Corbet's involvement too! These people are morally bankrupt.
I wouldn't send a dog to PSU.

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