WEEI>On Demand>>Michael McCann answers the question: Will Joe Paterno be charged with a crime?

Michael McCann answers the question: Will Joe Paterno be charged with a crime?

Nov 10, 2011|

SI.com legal analyst, Michael McCann, joins D&C and tells them if Joe Paterno will serve jail time

Transcript - will not be 100% accurate

Back get you on 93 point 7 F am at or near the top of the list of our most informative. Guests -- a friend Michael mechanics of sports law professor sports law institute director Vermont Law School. Distinguished visiting hall of -- professor of law at Mississippi called school law also serves as NB ATV's on your legal analyst. And yeah I always like younger than Nagy so I mean Iggy he's done some political. And does some -- like what you could do if you studied a little harder work load you could be like Mike make. And Mike McCann joins us on the AT&T hotline get it faster with four GAT and T rethink possible good morning Michael how are you. -- great -- hope you're injured on -- while we're doing fine is is Joseph Paterno potentially in any kind of legal. Situation here whether -- be perjury obstruction of justice negligence whatever the case may be give us the overview first. Yeah he could be in legal trouble particularly if what he told the the grand jury. Was entirely forthcoming. Or if he provided. A narrative that was inconsistent with what McCrary. Had told a grand jury could lead prosecutors to wonder. Wire there's stories matching up and specifically. The question comes down to what Paterno -- When he talked to Atlantic director curly as to what occurred in and Paterno used the phrase doing something of a sexual nature right where it McCrary had said. -- export that is that note can being raped. Why would Paterno gives a much more ambiguous in muted. Description of something that was as awful as that -- -- Paterno can also get in trouble because Pennsylvania Child Protective. Services law where which requires you to be forthcoming. And provide any -- that you know. In alerting authorities of what happened helped turn -- -- job technically. By immediately notified athletic director but -- he did so in a way that wasn't forthcoming again he can get in trouble there and lastly in terms of negligence. He may have had a duty to at least -- war. But what was going on that he could have failed in the victims of sandusky could file a lawsuit against Paterno and also against other -- that. No I heard Roger Cossack and ESPN's say regarding the these duke. -- were just talking about only those with custody or control of the children are responsible under the law is that correct or not. Yet that that's correct in terms of of the services act but it negligence claim can be brought by arguing that. You're still irresponsible in a more generalized way. And I wouldn't surprise me if the negligence -- has brought against him assuming you know continued yet. Game Mike I think. That Schultz and -- did he mischaracterize. What -- said. They didn't judge him with perjury is that because he's old and that is in 01 and a let him go off into the sunset. Without any criminal charges and do you think he could be charged for that very crime that perjury. In front of that grand jury on that material fact what the -- say. Yet could still be charged for that. He still could because it happened with last year -- this statute of limitations haven't expired and with this public pressure off with the fact he's no longer the coach. Maybe there'll be a a greater desire. To charge him. But else but he could be useful in terms of implicating -- -- they could say it hasn't cooperate more with us -- we will charges -- the bar is in cooperative. But they're they're become limits of that. That that. Characterization of what -- said. We we don't believe -- nobody believes in -- the New York Times said today sources have told them aquarius tell the truth which means. Turn those lying that could. Result in criminal judges and they think he's off the hook he thinks they let him skate. But not so fast. -- haven't -- that at this time he's not a target al-Qaeda backed exchange. Obviously if if and when this thing come to trial Joseph Paterno if he gets called to testify will be the biggest name witness but in terms of of legal impact. Will not -- be the key witness in this case. Yeah I think mccreery is the key witness because it's gonna come down to. Certainly -- showdown between Mercury in -- as to what. They told each other but also in terms of stand out the guy he's the one who saw what happened he thought who allegedly. The child being raped and inhumane no other things to wouldn't surprise if we hear. That there's much more in terms of bad things that happen that -- What from your experience and and your studies Mike what what how does a trial like this usually go a serial pedophile. Who was raped and kids for decades does he go to trial call witnesses -- deceit cop a plea and just -- is an island live the rest of his life in prison. I think you'll cop -- plea in in live the rest of what is for president and he had been thinking there is. If he has some remorse he doesn't wanna have the witnesses have to get up to relive what happens Andy's sixty sevens but this point. I think the game plan has sort of help even if you get -- what are your sentence you're probably an -- available without. I would I would most of the real bad priest -- really that Paul channels easing gigs I don't remember how many of them went to trial how many of them. Just it bugged him please and and went went and did that time. I think several bombs went to trial it is part of it is because it takes so long and it's an audit if they're out on bail. And you and your leader late sixties early seventies you might be able the last it has some freedom for several years that you otherwise wouldn't have but. In the moral thing to do I think is to. To admit what happens and you know go to prison so the kids don't have it Mindanao would also have to relive the gruesome things that occurred ten years. All I'm sure the undying care for his victims -- first and foremost in his mind beyond that what would be in it for him Mike beyond beyond steering them that pain. It's going to avoiding a trial of waiting the public hearings avoiding the -- the the people yelling in the courtroom right. And no one noticed faced him he probably knows he can't beat this rap. It is as many kids is that is that appears to be if the evidences that as -- strong in the -- with a one kids. Right the budget kids naturally what's gonna get him. And those kids by the way Mike and we we talked about this yesterday. Tough break for sandusky those kids and out 252728. Years old. You can't play that card -- tell their mothers -- ominous if you put -- -- on the stand you know we're gonna ruin them. The kids are grown ups and hopefully they're out for revenge or out for justice they can make up their own mind and take the stand. And at this stage scientific society would come along way that they will be lauded as heroes if they stand up and and take the stand point the finger at this monster. Absolutely because I think it's -- -- the distinction from what happened with the church. 1015 years ago where there was some still some controversy about what was happening here it's clear is it's coming it's guarded what with an alleged. We should. We should point them out and we should. Talk about it a lot to it to give it to make it clear to others that child abuse is not acceptable and also that institutions like conferences and state. Have to step up and provide warnings and not try to cover things up that assuming that's what happened here it's a story that could be very instructive. Four for the entire nation. Which takes us to the civil case down the road what do you suspect the scope the depth the breath of the civil case might end up being. I think you will hit -- What the university knew it didn't do that various administrators. There is topic called the doctrine of our sovereign immunity which allowed the government. Actor he figured out a liability it is likely that has it will try to argue that because of the public institutions. But my reading of the case flaws as mixed in Pennsylvania as to whether or not it would actually protect. Pennsylvania this sense that. But the president say that citizens but that they will be chart what will that will be seen as. A party that didn't do its job that while the child was even. The facilities at Penn State had a duty to protect on some level. And failed now I I I don't think we'll ever see those cases go to trial -- I think Penn State. We'll settle any claims because of that the awful publicity that would be associated with it and with the fact that there will be other people running and states. By the time this case. And they have and there are plenty of money another. A big endowment they can pay these kids these guys these families -- in your arm and prediction Mike. Who goes to jail besides sandusky anybody. Yeah I don't anybody else's -- I I don't think the Paterno. Even if they have it. And I think -- think there's going to be -- that he's been cooperative he's 84. I just have a hard time seeing. But Schultz and now and curly. He they say they obviously they've been charged that they're based in order to position the -- deal. It -- to try to minimize the likelihood being sent to prison. Michael McCann as always informative and very useful we appreciate your input this morning thanks for thanks for spend some time what is -- -- Dennis and Callahan comic AT&T -- get it faster with four GAT and T everything I'm in trouble I think I'd rather have -- McCain in the Scott Paterno. That's made it not just at that's me I I I guess not turtle that's his old man go before a single. Even now deal when he talks to the right -- itself front the occupy you know return ourselves crowd occupied and thus should I even then it's uncomfortable and embarrassing yet play a little for the victims are what -- column of whatever all of -- call those. That pray pray for the prayer is that -- ago. Who -- but if people instead go before in my community Russell into the ground and -- dusty would do that. It will be right back.

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