Tuesday, March 17, 2015

Court Testimony Proves Penn State Trustees Scapegoated Paterno, then Lied About It

It is now easy to see why the controlling majority of Penn State's Trustees fought tooth and nail against the Corman and Paterno lawsuits against the NCAA, despite the benefits of those suits to Penn State. Trustees Kenneth Frazier and Keith Masser were forced to admit in sworn depositions that the Board, as of March 2012, not only scapegoated Coach Joe Paterno; they lied about it to the organization to which they owe a fiduciary duty.

This means every single member of the Board as of March 2012 not only scapegoated a subordinate--by itself cause to disqualify somebody for any position of supervisory responsibility--but then lied about it. Somebody who crosses this line--lying to the organization to which one owes a fiduciary duty--is ethically capable of lying to stockholders, clients, employees, customers, suppliers, and other organizational stakeholders.

Proof that the Board Scapegoated Joe Paterno

Here is what Kenneth Frazier, CEO of the Merck Corporation, had to say in his deposition in the Corman lawsuit against the NCAA. http://av.pasenategop.com/ncaa/discovery/depositions/ken-frazier/transcripts/frazier.pdf

Q. Were you in favor of the decision not to allow Coach Paterno to coach out the rest of the season.
 A. Ultimately, I was in favor of that.
Q. Initially, did you have some reservations?
A. I did.
Q. Just explain your thought process and how you became in favor of that decision.
A. Just as I said in the case of Mr. Curly, my initial feeling was, when I first heard about this, that the facts had not been established and we needed to be careful to make sure we understood the facts. As I was in -- in that 48-hour time period read the grand jury presentment, I reached the conclusion that given what had become public about the issues leading up to the presentment and given what was said in the presentment itself about Coach Paterno's testimony and about what the graduate student said to Coach Paterno, I felt that it would not send the right message if Coach Paterno was able to lead the football team out onto the field of play under those circumstances. So I didn't change my mind on the question of whether we had established all the key facts that related to Coach Paterno's involvement and/or responsibility. But I had reached the conclusion that, from the standpoint of what the University's values would be interpreted to be by the broader public, that what was known was sufficiently serious as it relates to child sexual abuse that it would send the wrong message about our values as a University if Coach Paterno were allowed to coach as though none of this had ever happened.

This is an open admission that the 11/9/2011 Board fired Joe Paterno not for anything he had done or hadn't done, but to appease public opinion. Keith Masser's deposition makes this even more explicit.

“When pressed for a reason why Paterno was let go, Masser said: “The decision to remove Coach Paterno had nothing to do with what he had known, what he hadn’t done. It was based upon the distraction of having him on the sidelines would have caused the university and the current football team harm. It had nothing to do with what Coach Paterno had done, or hadn’t done.

 These depositions establish as a fact that the 11/9/2011 Board of Trustees fired Coach Paterno solely to appease public opinion, and then the Board lied about this in subsequent statement in March 2012. The Board not only lied, it defamed Coach Paterno (had he still been alive) with the false statement that he had been fired for cause.

The Entire Board Lied to the Public and to Penn State

"While Coach Paterno did his legal duty by reporting that information the next day, Sunday, March 3, to his immediate superior, the then Penn State Athletic Director Tim Curley, the Board reasonably inferred that he did not call police. We determined that his decision to do his minimum legal duty and not to do more to follow up constituted a failure of leadership by Coach Paterno. …At about 9 pm, we unanimously made the difficult decision that Coach Paterno’s failure of leadership required his removal as football coach."

That's very interesting because Mr. Frazier and Mr. Masser both testified that Paterno was not fired for any cause whatsoever, but to appease public opinion. The clarity we have from this evidence is that Penn State's Board of Trustees issued a dishonest public statement in March 2012, and that the service of the following individuals is now marred. And we have to step back and ask, what does that mean?

  • Kenneth "people that look like you who think the O.J. Simpson verdict was correct" Frazier, the CEO of the Merck Corporation, lied (in March 2012) to the public and to the organization to which he owed a fiduciary duty. We have had our fill of this individual telling the Nittany Lion to shut up and take his Vioxx.
  • Karen Peetz, President of BNY Mellon, is a liar. This is the individual who said Paterno's service was marred, and whose unauthorized affirmation of the Freeh Report's findings on Penn State's behalf gave the NCAA the fig leaf it needed to impose its illegitimate sanctions.
  • John Surma, former CEO of U.S. Steel, is a liar.
  • Tom Corbett, former Governor of Pennsylvania, is a liar.
  • Keith Eckel is a liar.
  • Keith Masser (current Board Chairman) is a liar.
  • Every single other member of the Board who was a party to the statement above is a liar.

 These people and their colleagues were given every possible opportunity to make right the harm they caused the University, but they chose instead to put personal agendas ahead of a Penn State agenda (State Senator John Yudichak's assessment). As a result, evidence has now come out that shows they not only scapegoated an employee, but also lied about it. So, here we are.


  1. These people that you have called liars, are just that, liars. And it's about time someone called a spade a spade. But most of all, these people that have scapegoated Joe Paterno for their own wrongdoing, are cheaters. Because a child will commonly lie when afraid of being punished. But their hearts are not blackened with greed, so they don't cheat to avoid punishment. These people that have sought to destroy the university don't fear punishment. Because, they feel they are wealthy and above it. What they truly fear is losing the means by which they have acquired their ill-gotten wealth, they are cheaters. So, they are not children, but adults that know right from wrong. But they have chosen to cross over the line from good to evil because of their love of money. Money is not the root of all evil, but the LOVE of money is. And these people you have listed, chose to put their personal agendas, the love of money, above the welfare of the University and its decent, honest coach, Joe Paterno.

    Sadly, this is the evil that is destroying our once-great country, a ruthless corporate justification for destroying good and honest people. Just as "The People's Joe" implies, Joe was one of us. A decent, honest man that achieved greatness by playing by the rules. Joe didn't have to destroy anyone to achieve greatness. Instead he built them up, made them believe in themselves and the value of good honest hard work. The people that hired Louis Freeh, and especially Louis Freeh himself, the man who abuses the public's trust with his formerly held FBI position, are not one of us. They are self-aggrandizing cheaters, destroying anyone they are paid to destroy. Does anyone still really think that Louis Freeh just made a mistake, an 8 million dollar mistake? No I don't think so, he was paid to crucify Joe Paterno and the university to save the dirty industry members on the PSU board. What was worth that much that they would do this? It begs the question: Is this another "Kids for Cash" scandal, but on an even more immoral level? Were these industry members of the PSU board somehow reaping financial benefits from Sandusky's Second Mile? Is it the unthinkable? Is it the actual sexual exploitation of children for profit with mob ties enabling it all within the corrupt Corbett administration? What about Corbett's past as the General Council for Waste Management, mob ties?

    No wonder the bought-off PA media is trying to destroy Attorney General Kane. She has been brave enough to take on the mob-controlled government she works for. Let all of us that have ears to hear, and eyes to see, help her seek the truth.

  2. Re: "No I don't think so, he was paid to crucify Joe Paterno and the university to save the dirty industry members on the PSU board." If that was ever proven beyond a reasonable doubt, we would be talking (not legal advice) felonies like honest services fraud, and conspiracy by the responsible Board members for Freeh to commit the same.

  3. Truthseeker - I don't know how much evidence will be found per your questions at end, and I support attorney General Kane as well, with time others will see the truth. In Frazier's deposition he states that he and Tomalis only interviewed Freeh's people, but Frazier with the legal background picked Freeh in Washington DC sometime around December 2011. Then Ken went off to run Merck as new CEO 12/01/2011.
    I wll copy & paste from my FaceBook posting here: I believe that 2011 was a stressful time of crisis for the PSU BOT, and most of them didnt know what to do. PSU BOT work can be as little as just attending a meeting once a month, some don't even do that. So they all looked for a leader to handle the crisis, Ken Frazier, being Harvard Law grad and experienced in famous pharmaceutical lawsuits, took the helm and the others just followed. That made sense. But Ken over-reacted, in trying to impress his new internationally famous friends, by immediately firing those who could lead Penn State out of a long term downfall. There are other problems Ken caused, one not mentioned in the article above is changing wikipedia entries to cover up his tracks. Ken can correct the Penn State mess and he should start before leaving BOT in June this year. See down a bit on the following link : http://pennstatetrustee.com/.../merck-tries-to-control.../

  4. Bill,
    Definitely this was a PR stunt, but there were a lot of moves made prior to November 2011 that made this happen.

    Frazier was hired in mid summer 2009 -- to be the BOT's lawyer through this.

    Then the BOT maneuvered to hire Baldwin -- to act like she was PSU's lawyer once the investigation became active at Tommy Boy's election.

    The common theory around State College -- as the word of the investigation leaked out in Spring 2009 was that Corbett would stall it until after the primary...then he stalled it until after the election.

    In short, no panic by the power bloc of the BOT....they knew what was coming.