I learned early in my law career that sometimes one just cannot defend the indefensible. That's what Paterno's family is trying to do. Instead, just be quiet...Give up the defense. Live with it...like the victims (survivors) live with the aftermath of Paterno's silence. Face it -- Paterno is a fallen hero. He is tarnished. He is not Christ-like and will not be resurrected...He is FINISHED! DONE!
http://www.stltoday.com/sports/columns/b...RgGVLGw.twitter

The only way to get them to stop defending Paterno is to openly confront them on Facebook, Twitter and in real life, by first asking politely for them to reconsider, and when that doesn't work, employ other options, so that at least those around that person know he or she will be challenged in public for defending the indefensible.

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Funny thing how the defense accused the victims of being out for money. I think they won't give it up because they see their share of JoePa's fortune slipping away before their eyes. If I remember right, some transfers right after the arrest were forcibly reversed. He knew the truth would come out and he tried to dump cash before it was at risk.

It's not about the damned statue of Paterno. That is a distraction. It is about the programmatic and institutional cover-ups and gross negligence of top ranking Penn State officials and coach for PR purposes. Please don't get sidetracked...The statue question is just NOISE.

This is a blog on PSU recruiting. They have a constant excuse the program propaganda post. I have been calling them on the carpet for their crap.

PSU Recruiting Blog

They constantly rationalize, excuse and minimize (some of it outright lies) to excuse the program for repercussions for looking the other way while children were raped and even enabling the abuser to continue to use the program.

Feel free to give them a dose of reality. I have taken to adding, "The Emperor has no clothes" to every one of my posts.

I disagree with you all. I will lay out my thinking here.

A - Did Joe Paterno have a duty of care? YES he did.

B - Did Joe Paterno breach that duty of care? HELL NO! He fulfilled his duty as a mandated reporter under Pennsylvania law. As the Pennsylvania statute read at the time, Paterno was legally obligated to "immediately notify the person in charge of the institution, school, facility or agency or the designated agent of the person in charge." 23 Pa. C. S. 6311(c). There is no dispute that Paterno did so. At that point, Paterno was legally absolved of responsibility to do anything further because "the person in charge or the designated agent, if any, shall assume the responsibility and have the legal obligation to report or cause a report to be made in accordance with section 6313." Id.

Whether or not Paterno was involved in any discussions, or had any desires about how to proceed, later on is irrelevant to the procedures that should have been followed. Spanier and Curley did not do this and will be tried for their failure to do so.

C - If Paterno did not breach his duty of care, there is no causation between his actions and the injuries suffered.


Personally, I wish we would stop trying to crucify people that failed to live up to a "moral code" and go after the people that fail to live up to the law's requirements. Let's get mad and change the laws regarding reporting for ALL survivors.

I personally hope MaleSurvivor stays out of the Joe Paterno debates.

Brian

wow Brian. Your perspective is surprising given you status as a Member of the Male Survivor organization, an entity that works to help the community expose and heal from institutionalized predatory practices against children. I wonder if you would indulge me by giving your viewpoints on these questions:
1) Would you not agree that Paterno set the tone for all key decisions regarding Sandusky as evidenced by the procedural 180 by the Spanier administration that was documented in emails subsequent to high level discussions with Paterno about Mike McQeary's revelations? If not how else do you rationalize the university's sudden reversal on the matter?
2) Would you not agree that Paterno was in fact the most powerful leader on campus as evidenced by his stubborn refusal to retire in 2004 after the AD and other university officials asked him to step down? The anecdote is JoePa threw them out of his house. Who throws their own boss out of a meeting and keeps his job unless he is in fact the true power broker?
3)Finally, would you not conclude that a perfunctory reporting of the Sandusky case to Penn Sate administration was, in fact, a hollow gesture that did not fulfill any duty but to absolve himself of immediate blame?
You ave given a broad based rationale for why the rudiments of reporting abuse are enough but I truly want to become educated about why these specific actions are not reprehensible.

Brian,

By the nature of MS, there are a lot of raw emotions here, and very open sharing of very damaging experiences... Therefore, to go against the grain as you are doing here should be done with the utmost care.

I wish you peace in your healing process.

Jim

Gentlemen, I admire the restraint and the eloquence of the posting here. Your desire to be heard has thus far outweighed the impulse to be right, well done. We post and reply to support and connect in MaleSurvivor, opinions are welcome, but we will not be stifling any thoughts about this topic, and you all have modeled the epitome of self control.

I appreciate the cerebral response to this issue as we work out the intense feelings concerning this hotbed topic, my heart goes out to you as you deliberate. Please continue to reconcile, to connect and to reinforce these relationships through this difficult series of events.

Sam