OT: Ex- PSU President Spanier's Conviction Overturned

[Knight Shift]

http://www.espn.com/college-footbal...x-psu-president-spanier-conviction-overturned

HARRISBURG, Pa. -- 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 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.


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

 

[WhiteBus]

http://www.espn.com/college-footbal...x-psu-president-spanier-conviction-overturned

HARRISBURG, Pa. -- 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 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.


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

If I was the judge in resentencing I would give him the Buzz Lightyear sentence. To Infinety and Beyond

 

[NorthernKnight]

The most disturbing thing is the note on the bottom that Sandusky won an order for a new sentence.

 

[Doctor Worm]

Not a lawyer, but I can't argue with the judge's rationale. Being charged with violating a law retroactively seems unconstitutional.

 

[RUNVA]

What is irrational is Sandusky not being carted off and hung from the get go.

 

[rurahrah000]

http://www.fedbar.org/Leadership/Board-of-Directors/Elected-Members/Hon-Karoline-Mehalchick.aspx

Shockingly the judge is a graduate of PSU. How could she be allowed to judge this case. That is ridiculous. She has recused herself from the case.

 

[CERU00]

Not a lawyer, but I can't argue with the judge's rationale. Being charged with violating a law retroactively seems unconstitutional.

You're assuming the law from 1995 doesn't cover the same behavior. Prosecutors said it does.

 

[RU4Real]

You're assuming the law from 1995 doesn't cover the same behavior. Prosecutors said it does.

This.

The State of Pennsylvania, in cooperation with the Cult (or are they really one in the same..?) will continue to rewrite history until the only thing left of the Sandusky affair is "a guy did some stuff."

 

[PSU_Nut]

You're assuming the law from 1995 doesn't cover the same behavior. Prosecutors said it does.

If that was the case they wouldn’t have tried him under the 2007 law. They tried him under the 2007 law because it essentially expanded who the law covered. Their main legal argument was that it was an ongoing cover up so the crime continued. If the prosecutor felt that his act was criminal under the old law they would have tried it under that. We will see how strongly they feel his actions were covered under 1995 law if they choose to retry it. I personally hope they do and get a conviction.

 

[Panthergrowl13]

Well the Commonwealth of Pennsylvania if they decide, can retry the entire case against him.

Would like the state court to come to Pittsburgh for the jury pool.

By retrying the case, it will again bring the issues front and center by the news media both locally and nationally.

The Penn State story that will not go away.

HAIL TO PITT!!!!

 

[DJ Spanky]

The State of Pennsylvania, in cooperation with the Cult (or are they really one in the same..?) will continue to rewrite history until the only thing left of the Sandusky affair is "a guy did some stuff."

And Joe gets his halo back.

 

[Knight Shift]

And Joe gets his halo back.

And Tennessee will apologize to Greg?

 

[Scarlet_Scourge]

What is wrong with Pennsylvania?

[sick]

 

[srru86]

Shockingly the judge is a graduate of PSU.

Of course

 

[retired711]

A story in today's Philadelphia Inquirer says the Pa. Attorney-General plans to appeal the judge's decision to the U.S. Court of Appeals for the 3rd Circuit, which sits in Philadelphia. Judging from the story, the main emphasis will be on trying to show that the case should't have been in federal court at all. (It is possible to have a state court criminal conviction reviewed by a federal court, but there is a complicated body of law called "habeas corpus" that specifies when this is allowable.)

 

[Wolv RU]

A story in today's Philadelphia Inquirer says the Pa. Attorney-General plans to appeal the judge's decision to the U.S. Court of Appeals for the 3rd Circuit, which sits in Philadelphia. Judging from the story, the main emphasis will be on trying to show that the case should't have been in federal court at all. (It is possible to have a state court criminal conviction reviewed by a federal court, but there is a complicated body of law called "habeas corpus" that specifies when this is allowable.)

I nominate you to analyze the legal issues and figure out what is likely to happen at the 3rd Circuit :)

 

[retired711]

I nominate you to analyze the legal issues and figure out what is likely to happen at the 3rd Circuit :)

Thanks, but I last studied that field of law 44 years ago!!

 

[Knight Shift]

Thanks, but I last studied that field of law 44 years ago!!

We heard you were outstanding in your field!!!

 

[retired711]

We heard you were outstanding in your field!!!

I would emphasize to students that there's too much law to learn it all in law school, and that anyway the law will change. So they have to master the skills of understanding cases and reading statutes and administrative regulations. The students never wanted to believe me; they just wanted me to summarize the existing law so they could regurgitate it on the exam. Unfortunately for them, the exam called for them to apply their knowledge, not regurgitate it.

 

[Knight Shift]

I would emphasize to students that there's too much law to learn it all in law school, and that anyway the law will change. So they have to master the skills of understanding cases and reading statutes and administrative regulations. The students never wanted to believe me; they just wanted me to summarize the existing law so they could regurgitate it on the exam. Unfortunately for them, the exam called for them to apply their knowledge, not regurgitate it.

I think you know that I am a patent attorney. I know very little about criminal law. Can you give a short primer on why Spanier's case was taken to federal court, and how it might play out? If it is too much work, just say so and no big deal.

 

[RU4Real]

We heard you were outstanding in your field!!!

I'm pretty sure your thinking of @koleszar, who is often out standing in his field.

 

[koleszar]

I'm pretty sure your thinking of @koleszar, who is often out standing in his field.

Well yesterday I wasn't out standing in my field rather in my woods. In about 15 mins., I somehow managed to get a tick in my arm pit and one on my ass. Be careful out there men, the tick population is out of control this year.

 

[DJ Spanky]

 

[srru86]

A story in today's Philadelphia Inquirer says the Pa. Attorney-General plans to appeal the judge's decision to the U.S. Court of Appeals for the 3rd Circuit, which sits in Philadelphia. Judging from the story, the main emphasis will be on trying to show that the case should't have been in federal court at all. (It is possible to have a state court criminal conviction reviewed by a federal court, but there is a complicated body of law called "habeas corpus" that specifies when this is allowable.)

Washington Post
After child-endangerment conviction of ex-Penn State president is vacated, AG vows to appeal
and
Former Penn State president richly paid as he fought charges
The fact that they still haven't updated the PA public records law to make State Penn's records available is all you need to know about the continuing conspiracy in State College to protect the football program.

 

[Knight Shift]

.

 

[Knight Shift]

Washington Post
After child-endangerment conviction of ex-Penn State president is vacated, AG vows to appeal
and
Former Penn State president richly paid as he fought charges
The fact that they still haven't updated the PA public records law to make State Penn's records available is all you need to know about the continuing conspiracy in State College to protect the football program.

"Former Penn State President Graham Spanier’s success this week in getting his child-endangerment conviction overturned capped a seven-year fight to save his reputation"--as what, an enabler among enablers?

'Under a separation agreement, Spanier was able to collect a total of about $3.7 million in salary as a tenured professor through the fall of 2017. Since then, he has been paid a salary the school will not disclose."

YOU CAN'T MAKE THIS STUFF UP:

"Spanier is a tenured professor of human development and family studies, sociology, demography and family and community medicine" :scream::scream::scream::scream:

 

[RU4Real]

Personally, I'd like to see Sara Gamin get back into this story.

 

[Wolv RU]

"Former Penn State President Graham Spanier’s success this week in getting his child-endangerment conviction overturned capped a seven-year fight to save his reputation"--as what, an enabler among enablers?

'Under a separation agreement, Spanier was able to collect a total of about $3.7 million in salary as a tenured professor through the fall of 2017. Since then, he has been paid a salary the school will not disclose."

YOU CAN'T MAKE THIS STUFF UP:

"Spanier is a tenured professor of human development and family studies, sociology, demography and family and community medicine" :scream::scream::scream::scream:

That is really unbelievable.

 

[DJ Spanky]

 

[retired711]

I think you know that I am a patent attorney. I know very little about criminal law. Can you give a short primer on why Spanier's case was taken to federal court, and how it might play out? If it is too much work, just say so and no big deal.

Well, I can give you a primitive description.

Spanier was able to get the case in front of a federal court judge because Spanier invoked the writ of habeas corpus. This writ has for centuries been a bulwark of Anglo-American liberty. Basically, it allows someone who is imprisoned or convicted to petition a court to free him/her on the grounds that he/she has been unlawfully convicted or imprisoned. ("Habeas corpus" means "hand up the body," an old term for freeing someone. )

Congress has given the federal courts the power to rule on habeas corpus petitions. (These petitions also can be presented to state courts.) So the question often comes up of the extent to which the federal courts' power to issue the writ in cases in which the conviction was by a state court. The law on this is extremely complicated, and I've long since forgotten the details, if I ever knew them, and anyway the law has developed and changed since I studied it. The question for the United States Court of Appeal for the 3rd circuit here will be whether the federal court had the power to issue a writ of habeas corpus in this particular case.

There may be other questions as well. Let's assume the federal court properly heard this case. That will bring up the question of how to interpret the Pa. statute on failure to report the endangerment of a minor. The actions by Spanier and his colleagues all took place before the Pa. statute had its current wording -- wording that is bad for Spanier. But does the current version of the Pa. statute apply to conduct that took place before it was passed? Pa. says that concealment is a "continuing offense" and therefore the criminal conduct continued even after the statute was passed in current form. The federal court instead thought that the amended statute would be unconstitutional if it applied to Spanier's conduct, and therefore said the amended statute does not apply.

As for what will happen, who knows? It's always very hard to predict what a court will do in what it may feel to be a close case.

End of rant.

 

[DJ Spanky]

 

[srru86]

Personally, I'd like to see Sara Gamin get back into this story.

I'd hate for a Ray Gricar - like fate to befall her also.

 

[RU4Real]

I'd hate for a Ray Gricar - like fate to befall her also.

She seems to have moved on with her life. She's technically on the investigative reporting staff at CNN but had a baby last year and hasn't published much, since. Her Twitter account shows no new content since late '18.

The troubling thing about this story is that by all accounts it should be getting broad national play and people should be all spun up about it. But that appears to not be the case. Like so many other perceptibly rotten things, of late, nobody seems to really care.

 

[patk89]

After people were told to believe Trump was a Russian agent by most of the mainstream media, it is tough to get them to become angry about JoePa raping kids. The troubling thing is that smart people like RU4 believed the fairy tale. They should have known better but didn't.

 

[RU4Real]

After people were told to believe Trump was a Russian agent by most of the mainstream media, it is tough to get them to become angry about JoePa raping kids. The troubling thing is that smart people like RU4 believed the fairy tale. They should have known better but didn't.

Not sure what you're talking about.

 

[retired711]

After people were told to believe Trump was a Russian agent by most of the mainstream media, it is tough to get them to become angry about JoePa raping kids. The troubling thing is that smart people like RU4 believed the fairy tale. They should have known better but didn't.

How about the people who believed that Hillary Clinton and her allies were running a child abuse ring in the basement of a pizza parlor?

 

[retired711]

Well, I can give you a primitive description.

Spanier was able to get the case in front of a federal court judge because Spanier invoked the writ of habeas corpus. This writ has for centuries been a bulwark of Anglo-American liberty. Basically, it allows someone who is imprisoned or convicted to petition a court to free him/her on the grounds that he/she has been unlawfully convicted or imprisoned. ("Habeas corpus" means "hand up the body," an old term for freeing someone. )

Congress has given the federal courts the power to rule on habeas corpus petitions. (These petitions also can be presented to state courts.) So the question often comes up of the extent to which the federal courts' power to issue the writ in cases in which the conviction was by a state court. The law on this is extremely complicated, and I've long since forgotten the details, if I ever knew them, and anyway the law has developed and changed since I studied it. The question for the United States Court of Appeal for the 3rd circuit here will be whether the federal court had the power to issue a writ of habeas corpus in this particular case.

There may be other questions as well. Let's assume the federal court properly heard this case. That will bring up the question of how to interpret the Pa. statute on failure to report the endangerment of a minor. The actions by Spanier and his colleagues all took place before the Pa. statute had its current wording -- wording that is bad for Spanier. But does the current version of the Pa. statute apply to conduct that took place before it was passed? Pa. says that concealment is a "continuing offense" and therefore the criminal conduct continued even after the statute was passed in current form. The federal court instead thought that the amended statute would be unconstitutional if it applied to Spanier's conduct, and therefore said the amended statute does not apply.

As for what will happen, who knows? It's always very hard to predict what a court will do in what it may feel to be a close case.

End of rant.

BTW, what I know about patent law can be put into a matchbox without taking out the matches first!

 

[Knight Shift]

BTW, what I know about patent law can be put into a matchbox without taking out the matches first!

Well, today I had occasion to delve into mail fraud and wire fraud. My starting point was Wikipedia. :flushed: I did find a helpful DOJ page, but I told my client that I was not only out of my lane, but veering off the cliff. :airplane:

 

[retired711]

Well, today I had occasion to delve into mail fraud and wire fraud. My starting point was Wikipedia. :flushed: I did find a helpful DOJ page, but I told my client that I was not only out of my lane, but veering off the cliff. :airplane:

White-collar crimes and federal criminal law are hardly covered at virtually all law schools, so your situation is not surprising. I know there are lawyers practicing in the fields, but I don't know any of them. For that matter, I think very few students know anything about habeas corpus. I know a little because I took a Federal Courts course in my third year of law school, and the professor decided to break from his usual pattern and cover habeas.

There is just so much we don't cover, especially now that students can take clinical courses rather than all substance. This is why law schools should focus not so much on teaching law, but on teaching students how to teach themselves the law because that's what they'll have to do in their carers.

 

[DHajekRC84]

The use of the words Penn State Football and "overturned" troubles me. Bad images...