Attorney General Speaks Out in Sandusky Sex Abuse Scandal

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Jerry Sandusky

Jerry Sandusky

The allegations against 67-year-old Jerry Sandusky, the former defensive coordinator at Penn State, span roughly a decade from the late 1990s through 2009.  The 23-page grand jury presentment goes into graphic detail of the alleged sexual assaults of young boys, both while Sandusky was coaching and after his retirement.  Attorney General Linda Kelly says they’ve identified six of the eight young victims discussed in the presentment, all of whom Sandusky met through his involvement in The Second Mile, a charity he founded in 1977.

Equally significant to the sexual assault charges Sandusky faces, Kelly says, are the alleged roles of two school administrators charged with perjury and failure to report.  “Their inaction likely allowed a child predator to continue to victimize children for many many years,” Kelly says. 

Penn State Athletic Director Tim Curley and Senior Vice President Gary Shultz each face one count of perjury and one count of failure to report.

“This is not a case about football, it’s not a case about universities,” says State Police Commissioner Frank Noonan, “It’s a case about children who have had their innocence stolen from them, and a culture that did nothing to stop it.” 

 

Administrators Arraigned:

Tim Curley

Tim Curley

While Sandusky will be prosecuted in Centre County, where the alleged assaults took place, Curley and Shultz will be prosecuted in Dauphin County, where the alleged perjury took place.  Both were arraigned in a suburban Harrisburg magistrate’s office Monday afternoon. 

Curley’s lawyer, Caroline Roberto, proclaimed her client innocent and says they will vigorously fight the charges in court.  She calls perjury prosecutors’ charge of last resort.  “They charge it when they can’t prove the person did anything wrong.”  Roberto calls the duty to report charge a summary offense, similar to a speeding ticket.  Under the law, Roberto says the duty to report didn’t even apply to the situation at Penn State. 

Gary Shultz

Gary Shultz

The Attorney General’s office disagrees.  “Given the circumstances here, with information that was provided to top administrators about a sexual assault in the locker room, on the Penn State campus, we feel very confident that those administrators are responsible under the law,” says spokesman Nils Frederiksen. 

 

Paterno Not a Target:

Asked about coach Joe Paterno’s grand jury testimony, Attorney General Linda Kelly says the 84-year-old coach has been cooperative and is not a target at this point.  The grand jury report indicates that a grad student who witnessed a sexual assault in 2002 called Paterno to share what he had seen.  “We believe that under the statute he had an obligation to report it to school administrators, and he did that,” Kelly says of Paterno’s involvement.

In a statement, Paterno says he’s shocked and saddened by the allegations contained in the grand jury report.  “I understand that people are upset and angry, but let’s be fair and let the legal process unfold,” the statement reads.  “In the meantime, I would ask all Penn Staters to continue to trust in what that name represents, continue to pursue their lives every day with high ideals and not let these events shake their beliefs nor who they are.” 

Attorney Genral Linda Kelly, Jerry Sandusky

The media gathered en masse at Attorney General Linda Kelly's capitol news conference.

Penn State’s Sandusky Charged in Sex Abuse Scandal

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    Former longtime Penn State Defensive Coordinator Jerry Sandusky is free on $100,000 bail after his weekend arrest on charges that he sexually abused young boys over a 15-year period from 1994-2009. The state Attorney General’s office says Sandusky is a sexual predator who used his “Second Mile” charity and his position at the university to prey on young men.

    The charges stem from a nearly three year grand jury inquiry. The presentment includes 40 counts against Sandusky, as well as charges against Athletic Director Tim Curley and Senior Vice-President for Finance Gary Schultz. Curley and Schultz are accused of perjury and failure to report an alleged incident from 2002, in which Sandusky was reportedly seen sexually assaulting a boy of about 10 years of age in a locker room shower. Attorney General Linda Kelly says the testimony from the graduate assistant who witnessed that incident is among the most compelling and disturbing in the case.

    Curley and Schultz are scheduled to surrender today in Harrisburg and they’ll be prosecuted in Dauphin County. Sandusky will be tried in Centre County.

    Per the Attorney General’s office, Sandusky is charged with the following offenses:

  • Seven counts of involuntary deviate sexual intercourse, all first-degree felonies which are each punishable by up to 20 years in prison and a $25,000 fine.
  • One count of aggravated indecent assault, a second-degree felony punishable by up to ten years in prison and a $25,000 fine.
  • Four counts of unlawful contact with a minor, all first-degree felonies which are each punishable by up to 20 years in prison and a $25,000 fine. 
  • Four counts of unlawful contact with a minor, all third-degree felonies which are each punishable by up to seven years in prison and a $15,000 fine. 
  • Four counts of endangering the welfare of a child, all third-degree felonies which are each punishable by up to seven years in prison and a $15,000 fine.
  • Four counts of endangering the welfare of a child, all first-degree misdemeanors which are each punishable by up to five years in prison and a $10,000 fine.
  • Eight counts of corruption of minors, all first-degree misdemeanors which are each punishable by up to five years in prison and a $10,000 fine.
  • One count of indecent assault, a third-degree felony punishable by up to seven years in prison and a $15,000 fine.
  • Four counts of indecent assault, all second-degree misdemeanors which are each punishable by up to two years in prison and a $5,000 fine.
  • Two counts of indecent assault, all first-degree misdemeanors which are each punishable by up to five years in prison and a $10,000 fine.
  • One count of attempt to commit indecent assault, a second-degree misdemeanor punishable by up to two years in prison and a $5,000 fine

    Attorney General Linda Kelly says the search continues for other young men who may have been involved and the case remains an active investigation.

 

Coal Ash Spill In Wisconsin Raises Concerns for Pennsylvania, Other States

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Earlier this week, coal ash spilled into Lake Michigan when a cliff gave way near a power plant in Wisconsin. The Sierra Club says it’s a reminder these risks to the environment exist in Pennsylvania and other states

In 2008, two large coal ash impoundments collapsed in Tennessee, but since then little has changed to reduce the risk of environmental contamination according to Mary Anne Hitt, director of the Sierra Club’s Beyond Coal Campaign. She says the EPA vowed to put safeguards in place but Congress has blocked the way.  

Hitt wants to see changes such as putting liners under the landfills to keep the coal ash out of contact with water and some monitoring wells to tell whether heavy metals such as mercury or lead are getting into drinking water.  She’d like to see a move away from storing the ash in big ponds.

Hitt says Pennsylvania has a couple dozen coal ash sites and some have been designated as potentially hazardous.   After the Tennessee incident, DEP ordered the re-inspection of more than three dozen impoundments in Pennsylvania.    Although it’s not officially classified as hazardous, coal ash can contain low concentrations of arsenic, lead and mercury. 

Hitt says people can go to sierraclub.org/coalash and they can get a list of sites in their area.

Deadline Extended to Register with FEMA For Aid for Irene, Lee

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People who live or have businesses in Pennsylvania’s disaster declared counties will now get more time to seek help for losses  from Hurricane Irene or Tropical Storm Lee.    

December 14th is the new deadline to apply to the Federal Emergency Management Agency for help in recovering from losses from the storms. That’s a one month extension from the original November 14th deadline. 

It’s also the new deadline for those who have applied to return their SBA Loan applications, crucial in the next step to receiving assistance.

Through November 4th, over 88 thousand households have registered with FEMA and over 122 million dollars in grants have been approved. Almost 54 million in Small Business Administration loans have been approved for renters, homeowners and business owners affected by Irene or Lee.

FEMA spokeswoman Susan Solomon says you can always turn down the help if you find you don’t need it. The number to call is 1-800-621-3362.

Solomon says there are a lot of people who feel they can take care of themselves and they don’t want to take help away from anyone else.  She says when you register with FEMA, it does not add to or take away from what anyone else might receive in disaster assistance.

Solomon says there are also people who may be waiting for their insurance settlement.  She says they want those people to also register with FEMA. It will allow them to be eligible for certain types of help in case something goes wrong with their insurance settlement.

Cash

Bill Would Block House Members’ COLA

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Each winter state lawmakers cash in on a pay raise thanks to a 1995 law that grants legislators, judges and the governor annual cost-of-living adjustments.  Multiple bills have been introduced to block these pay raises over the years, but none has seen the light of day.  This year State Rep. Brad Roae (R-Crawford) hopes to change that with a bill so narrowly focused, he believes it can pass.  “My legislation would stop that COLA for state House members just for this year,” Roae tells Radio PA. 

State Rep. Brad Roae (R-Crawford)

State. Rep. Brad Roae

“I just think that as state House members we should lead by example and help save a little bit of tax money by doing the same thing that a lot of other government employees are doing.”  Roae’s referring to the new state worker union contracts that call for a one-year pay freeze and the voluntary pay freeze that some school districts accepted this year.  Non-union state workers, meanwhile, haven’t seen a pay hike in several years. 

HB 1952 has been referred to the House State Government Committee, where Roae thinks it has enough votes to advance.  If the bill can pass the House, Roae doesn’t foresee any problems with the Senate or administration, since it only affects state Reps’ pay.  Pennsylvania state lawmakers currently earn just under $80,000 a year, before pocketing any per diems.   

The COLA’s, which are tied to the consumer price index, would take effect on December 1st.

RadioPA Roundtable

Radio PA Roundtable 11.4.11

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Radio PA Roundtable is a 30-minute program featuring in-depth reporting on the top news stories of the week. Professionally produced and delivered every Friday, Roundtable includes commercial breaks for local sale and quarterly reports for affiliate files.

Click the audio player below to hear the full broadcast:

[audio:https://s3.amazonaws.com/witfaudio/radiopa/Roundtable11-4-11.mp3]

Committee Vets Teacher Evaluation Bill

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State Education Secretary Ron Tomalis

State Education Secretary Ron Tomalis

Under the state’s current evaluation system, teachers fall into one of two categories: satisfactory or unsatisfactory.  99.4% of teachers currently receive a satisfactory rating, and overhauling the system is one of the Corbett administration’s top education reform priorities.  “The success in meeting the mission of our public education system, ensuring that all children reach academic achievement, is dependent upon the quality of the teacher,” Education Secretary Ron Tomalis said in his testimony before the House Education Committee. 

Legislation has been introduced in response to the teacher evaluation plan that Governor Corbett laid out, last month, in York.  State Rep. Ryan Aument’s HB 1980 would base half of a teacher’s evaluation score on student achievement.   It would also expand the current rating system to include four categories: distinguished, proficient, needs improvement or fails. 

A variety of stakeholders had their say at Thursday’s Education Committee hearing, including the state’s largest teachers union.  “Using standardized tests as 50% or more of a teacher’s evaluation will not produce evidence of teacher effectiveness that is strong or fair,” said Pennsylvania State Education Association board member Linda Cook.  She does say, however, that PSEA wants to improve the current system in other ways. 

The Pennsylvania School Boards Association supports the development of the new teacher evaluation standards, but raised concerns with the proposed timeline. “Being forced to move according to the deadlines set in legislation could inadvertently undermine the system that [the Pennsylvania Department of Education] has moved so methodically to create,” said Kathy Swope, President of the Lewisburg Area School Board, who testified on behalf of the PSBA. 

The Corbett administration wants the new teacher evaluation framework in place for the next school year.  HB 1980 currently awaits committee action.

Bid Limit Bills Signed Into Law

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A package of 14 bills will ease the bid limit burden on Pennsylvania’s local governments by increasing the threshold from $10,000 to $18,500, and indexing that number to inflation.  State Rep. Mark Keller (R-Perry) has been working on the issue for six years, and says it will give municipalities the flexibility they need.  “I think, if anybody looks at it, they’ll see that you don’t get much done for $10,000 dollars anymore,” Keller says.  14 bills were required to address each individual class of municipality, but Keller says they all accomplish the same goal. 

David Sanko

PSATS Executive Director David Sanko

By reducing the number of projects that local governments must advertise and seek bids for, Pennsylvania State Association of Township Supervisors Executive Director David Sanko says more tax dollars will be invested in local projects and services.  He says the proposed updates are not increasing anyone’s purchasing power.  “Essentially what you used to buy with $10,000 in 1990 you’ll be able to buy at the same levels,” Sanko says, “It’ll just be in what the equivalent version of 1990 dollars are.”

That index is a key part of the legislative package, according to Rep. Keller.  “By having the indexing there… it should take care of itself from here on out.”  The inflationary index is capped at 3% annually. 

The package passed both chambers of the General Assembly with bipartisan support.  Governor Corbett signed them into law on Thursday.  Keller says it was a compromise in that he initially proposed raising the threshold to $25,000.  David Sanko at PSATS hopes it’s the first of several unnecessary, unfunded mandates the legislature will address.

President’s Approval Numbers Remain Weak in Pennsylvania According to New Poll

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The job approval rating for President Obama is more negative than positive in Pennsylvania and more than half of the voters believe it’s time for a change according to the latest Franklin and Marshall College poll.

The President’s approval rating rose slightly from the August poll to the October poll, from 34% to 37%.   52% of the state’s voters believe it’s time for a change than believe the President deserves re-election (42%).

The President still comes out ahead in match ups against Mitt Romney, Rick Perry, Herman Cain and Rick Santorum. But poll director Terry Madonna says Pennsylvanians are not focused on the presidential election yet, since the primary is not until April. He says the Republican candidates are not well known and there has not been a lot of activity by the candidates in Pennsylvania.  He says the Republican field is still unsettled.

Madonna says the president, in a sense running against himself, is in trouble.  He says typically when they find this situation in polls; they find an incumbent who is going to have a tough fight on his hands.  He expects Pennsylvania to remain very competitive and play its role as a battleground state.

The poll shows President Obama leading Rick Perry in Pennsylvania 40% to 20%. In a match up with Mitt Romney, the president leads 35% to 26%. Going head to head with Rick Santorum, President Obama leads 38% to 25%. Against Herman Cain, the President’s lead is 38% to 24%. There were a large number of voters who were undecided.

Madonna says President Obama’s weak job performance is directly related to the continuation of the recession and the lack of optimism voters have about getting out of it anytime soon.  He says the American people tend to hold the party in power and the President of the United States responsible.

Pennsylvania’s two U. S. Senators also have approval ratings that are more negative than positive.  Senator Bob Casey’s approval rose 6 points from August to 38%, Senator Pat Toomey’s approval; rating was 32%, up 3 points from August.

The poll also looked at Pennsylvania issues.  The state legislature’s approval rating is only 22%, compared to 38% for Governor Corbett.  Half of those polled think the state is headed in the wrong direction.

While Governor Corbett’s approval rating is still below where Ed Rendell or Tom Ridge ranked at this point in their tenures, Madonna says it’s not as markedly low as previous surveys.  The rating rose 6 points from August.

Madonna says they have seen a steady erosion in support for the legislature somewhat influenced by the pay hike grab in 2005.  He says the prosecutions known as Bonusgate have also had an impact. But it’s the most positive rating for the legislature since the summer of 2009 and it’s almost twice as high as the rating Congress gets in most polls, which hovers around 12%.

The poll also asked voters to prioritize some of the top issues facing the state, and more than half pointed to fixing the roads and bridges as the most important or one of the most important issues. 43% ranked passing a tax on natural gas as an important priority, followed by school vouchers (39%), changing the way electoral votes are distributed (30%) and privatizing state stores (17%).

Lawmaker Calls for Penalties for Prolonged Power Outages

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A state lawmaker thinks power companies should have to pay up if they don’t do enough to address prolonged power outages that cost their customers.   Representative Tom Caltagirone (D-Berks) is proposing a bill that would make utilities compensate customers for unreasonably long power outages.   

Caltagirone   questions whether utilities are underfunding maintenance and repair. He says he’s been told maintenance and repair staffs have been substantially reduced.  He says he doesn’t want to penalize utilities that are doing the right thing.

Caltagirone’s Reading area neighborhood had been without power since the early season snowstorm hit on Saturday.  He says the lengthy outages in Pennsylvania have been happening back to back to back.

Caltagirone says a lot of businesses are hurting in this economic climate and being without power for a prolonged period hurts them even more.  He says workers are also being affected as are homeowners, schools, nursing homes and people on life-supporting medical devices.

Caltagirone says the utilities need to “fess up” as to what’s going on- are they not prepared, could they be better prepared? He feels a recent Pennsylvania Public Utility Commission special reliability meeting  on Hurricane Irene outages did not dig deep enough.

Caltagirone wants to know if electric utilities are cutting down overhanging limbs, reinforcing the couplets and the lines, and whether they could be using better technology.  But he says he understands it would be too expensive to bury all of the lines.

Caltagirone hopes his bill will help get some of these answers. He says he understands the situations are acts of nature, but he questions how much preventative maintenance is being done.

Caltagirone says the goal is not to put any utility out of business.  But he says they’re basically a monopoly in many areas and customers depend on them.