I'm willing to let the determination of the authenticity of the Freeh Report exhibits to the document forensics and computer forensics experts and put my focus back on analyzing information and determining if Freeh's findings can be supported by the evidence in his report.
Let's take a look back at the evidence that erased 111 wins from the record book back to 1998 -- that PSU officials were aware of a child sexual abuse investigation of Sandusky and were continuously updated on the investigation's progress.
Communications in the 1998 Sandusky Investigation
Report Finding (p 39): "While no information indicates University leaders interfered with the investigation, Spanier, Schultz, Paterno, and Curley were kept informed of the investigation."
Freeh Comment: "Paterno was made aware of the 1998 investigation of Sandusky and followed it closely.
Report Finding (p.15): "By not promptly and fully advising the Board of Trustees about the 1998....child sex abuse allegations against Sandusky...."
Analysis: The e-mails from exhibits 2A to 2F and the Notes at 2H and 2I were put in a spreadsheet in chronological order. Updates in the spreadsheet are noted in green blocks. Red blocks indicate the communications that closed the investigation. Red type indicates information provided by Harmon that Schultz does not communicate to Tim Curley and/or Graham Spanier.
Conclusion 1: Freeh's finding that PSU officials were kept informed of the investigation is not supported by the evidence.
Spanier received no updates on the progress of the investigation.
Curley received two updates: one on May 5th and one on May 14th.
Schultz, as the overseer of the police, received just two updates, the latest update coming on May 13th. The investigation ran a total of 37 days and the officials did not receive an update between May 15 and June 1st.
Conclusion 2: Freeh's comment that "Paterno was made aware of the 1998 investigation of Sandusky and followed it closely" is not supported by the evidence.
There is no direct evidence that Paterno was ever informed of the 1998 investigation. Under the assumption that Curley was providing updates to Paterno, then Paterno would have received 2 updates on May 5 and May 14th and none thereafter until the closure.
Conclusion 3: Freeh's finding that Spanier was aware of a 1998 child sexual abuse investigation of Sandusky is not supported by the evidence.
In Exhibit 2E, Schultz's e-mail to Curley, Spanier, and Harmon states the case is closed, but Schultz filters out the information (from Exhibit 2D) regarding Sandusky having the same account as the child and that Sandusky had done this (showered) with other children before. There is no direct evidence that Schultz ever communicated the details of the investigation he learned from Harmon on 5/4 and 5/5 to Spanier or anyone else. Given the filtering from 2D to 2E, it is reasonable to assume that Schultz provided the bare minimum of information to Curley during the investigation.
What Did PSU Officials Know About the 1998 Investigation?
It is reasonable to conclude that Gary Schultz knew the most details about the 1998 investigation and that it had the potential of resulting in charges related to child sexual abuse.
Based on the evidence, it is reasonable to conclude that Tim Curley, Joe Paterno, and Graham Spanier were aware of an investigation of Jerry Sandusky that may have involved one or more children and that it ended without charges filed. However , it is not reasonable to assume that PSU officials (Curley and Spanier) were aware that the 1998 investigation was about child sexual abuse.
Don't Blame the NCAA for Vacating the Wins -- That's on the PSU BOT
The fact that the 1998 investigation was investigated and that there were no charges filed against Sandusky makes the NCAA ruling to vacate wins back to 1998 an unnecessary and unfair punishment. However, the reason they punished PSU back to 1998 is because that's how Freeh framed the responsibility for Sandusky's crimes.
Had the PSU BOT's Special Investigations Task Force not made the irresponsible and grossly negligent decision to accept the Freeh Report without review, it is likely there would not be NCAA Sanctions nor would any of PSU's football victories been vacated.
Note: The Special Investigations Task Force includes: Co-Chairs: Frazier and Tomalis; Members: Arnelle, Bluford, Dambly, Eckel, Hagen, Hughes, and Peetz.
