Why The Failure To Renew Contract

.jpg photo of Ex-Coach of Penn State
Mike McQueary, Ex-Coach of Penn State

Penn State lawyer:  Ex-Coach ‘walked away’ from Child Abuse

BELLEFONTE, PA  –  A Penn State lawyer on Monday turned claims in a civil lawsuit against a former coach who offered key testimony against Jerry Sandusky, saying it’s not the school’s fault he can’t find a coaching position but rather a response to the man’s own failure to stop the child sexual abuse he witnessed.

Attorney Nancy Conrad cited Mike McQueary’s own words from an email as the defamation and whistleblower lawsuit began, saying the national media and public ruined him — not Penn State.

“He should not be permitted to exploit the tragedy that was caused by Jerry Sandusky for his own personal financial gain,” she said. McQueary is seeking at least $4 million in lost wages and other damages.

Conrad said comments that flooded in to the university after Sandusky was first charged in 2011 with child molestation were deeply critical of McQueary for not acting to stop an alleged child rape.

“Yet he walked away,” Conrad told jurors, saying any harm to McQueary is “a result of his own decisions and actions.”

McQueary has said he happened to go to a team shower late on a Friday night in February 2001 and saw Sandusky engaging in what he concluded was a sexual act with a boy about 10 to 12 years old. He slammed his locker shut and saw they had separated, but did not say anything to Sandusky, a retired assistant coach, nor did he report the matter to police.

Instead, he met about the incident the next day with then-head coach Joe Paterno, and more than a week later with two high-ranking school officials.

Nothing happened until nearly a decade later, when police investigating other complaints about Sandusky got a tip to contact McQueary.  His testimony helped convict Sandusky of being a sexually violent predator, and Sandusky is now serving a lengthy prison sentence while appealing a 45-count conviction.

McQueary says he was put on leave, and then his expired contract was not renewed as retaliation for his help in the criminal case.  He also says he was defamed by a statement issued by then-university president Graham Spanier when Sandusky was arrested, and that he was misled by two of Spanier’s lieutenants into thinking they took his report seriously and would respond appropriately.

“Their intention,” McQueary lawyer Elliot Strokoff told jurors, “was to sweep this incident under the rug.”

Other coaches who might hire him are concluding, based on how Penn State treated McQueary, that he must have done something wrong, Strokoff said.

“This is a cloud that hangs over his head today,” he said.

Witness Jonelle Harter Eshbach, a former prosecutor who had a leading role in the Sandusky investigation, described email exchanges shortly after charges were filed and McQueary’s role in the probe became public.  McQueary told her he felt he had not been properly supported during a prosecution news conference, his story had not been accurately told in a grand jury report and that he felt he was being vilified.

Former university lawyer Wendell Courtney recounted telling one of the administrators, Gary Schultz, to report the shower incident matter to child welfare authorities.

“It was my assessment that the appropriate course of conduct would be to report it and let the Department of Public Welfare investigate it in a manner it deemed appropriate,” Courtney said.

He said Schultz described the incident as horseplay and did not mention any sexual component, as McQueary claims he related to Schultz, then the school’s vice president with supervisory authority over police, and Tim Curley, then the athletic director.

Lisa Powers told jurors that Spanier knew at least a week ahead of time that Sandusky, Curley and Schultz were going to be charged in November 2011.  He called her into a meeting with then-general counsel Cynthia Baldwin and Steve Garbin, then the trustees’ chairman, to work on a news release — a statement the lawsuit claims made it appear McQueary had lied.

Powers said Spanier seemed to have formed a strong opinion.

“He had already indicated that he knew that the charges were groundless,” Powers testified.  “He felt it was an attack on his leadership team and nothing more.”

THE MESSAGE — The Falling Thoughts

All those vegetarian, vegans and meat lovers Uniforms people and under covers All those criminals, pedophiles and molesters Hackers, bankers and investors.. Agitator, opposer and protesters All those achievers, believers and disbelievers All those robbers, stealers and drug dealers All of you, have been made by clay You are here to pray, not to play […]

via THE MESSAGE — The Falling Thoughts

When Will Our Country Say “NO MORE”!!!!

.jpg photo of Child Predator
Benjamin Taylor, 32

West Virginia baby dies after “worst case of
sex assault” in decades

RIPLEY, WV  –  A 9-month-old baby has died after she was allegedly raped by a 32-year-old man in West Virginia, according to officials.

Jackson County officials say this incident was the worst sexual assault case they’ve seen in two decades, according to WCHS.

Benjamin Taylor, 32, was found Monday morning with the child in the basement of an apartment he shared with his girlfriend, who is the mother of the baby.  The baby was unresponsive and covered with blood, officials say.

Family members tell West Virginia Metro News that the baby was clinically brain-dead with no hope of waking up.

Taylor will now face a murder charge on top of the count of first-degree sexual assault.  Authorities say Taylor had a criminal record, but a motive was not yet known.

Taylor is in jail under a $2 million bond.

The investigation is ongoing.

Ice In Child’s Sock Drawer – Part 5

.jpg photo of Child Abuse map graphic
Abilene ranks highest in Child Abuse/neglect rate

Abilene ranks highest in Child Abuse –
neglect rate

~ continued ~

If it were up to Chief Standridge, more than just one month a year — April — would be dedicated to child abuse awareness.

Most cases involve neglect

CPS breaks down child abuse and neglect by 10 categories:  physical abuse, sexual abuse, emotional abuse, abandonment, medical neglect, physical neglect, neglectful supervision, refusal of parental responsibility, sex trafficking and labor trafficking.

The most common form of child mistreatment — both nationwide and statewide — is neglectful supervision, Greeley said.  It comprises between 75 and 80 percent of all cases.

“This isn’t controversial, but people can debate it,” Greeley said. “There are a lot of families that struggle.  They struggle because of poverty or violence or circumstances that are beyond their control, and the question is at what point in time is that considered neglect? What point in time is that considered people just having a difficult life?”

Greeley, who is board-certified in both general and child abuse pediatrics, said many families struggle, and that is not something that should be reported to CPS.  Examples of neglect that should be reported include parents who leave their children at home to go out partying or parents who fail to supervise their children, who then end up wandering into traffic or away from home.

“There’s often judgment calls in neglect, which I think is where the challenge comes in,” he said.  “What’s reasonable and what’s not in places are often different.”

Mathews said cases involving neglectful supervision can be accompanied by other types of abuse.

“That’s the category that substance abuse-related cases fit into,” she said.  “A huge, huge percentage — the majority — of those neglectful supervision cases involve substance abuse.”

The region’s — particularly Taylor County’s — “aggressive approach to substance abuse” continues to drive up the number of cases, Mathews said.  That also is the most prevalent reason for having children removed from their homes, she said.

In those cases, Mathews said, the caseworker must determine whether the children are safe by evaluating the effect of the parents’ substance abuse on the child.  Typically, CPS will remove young children from homes in which parents are abusing drugs because those “little bitty” children are completely dependent on their parents for their care and supervision, she said.

“With meth, most of the cases that we see there is severe enough meth use that a short-term work with the families doesn’t seem to be enough,” Mathews said.  “Those are the ones we do have to then petition the court for temporary custody of the children and place them either in foster care or with relatives.”

Although neglectful supervision constituted almost 81 percent of child abuse cases across the Abilene region in 2015, other types of abuse still occur.

About 17 percent of cases that year fell under the physical abuse category, while nearly 8 percent involved sexual abuse, according to Department of Family and Protective Services data.

Sgt. Mike Moschetto, supervisor of the Abilene Police Department’s Special Victims Unit, said those are the cases his unit investigates alongside CPS, although he sometimes sees matters that do not rise to the criminal level.

“Any criminal investigations, it’s always physical and sexual abuse,” he said.  “I would say sexual abuse outweighs physical abuse in this county.”

A lot of physical abuse can be ruled out as discipline, Moschetto said, unless it is “extreme discipline.”

The majority of child abuse is committed by “family members or adults who have access to them, which could be boyfriends or girlfriends of the parents,” he said.  “It’s never ‘stranger danger.'”

‘It’s a community issue’

If it were up to Chief Standridge, more than just one month a year — April — would be dedicated to child abuse awareness.

“Child abuse knows no social demographic.  It occurs in families of all races and all economic backgrounds,” he said.  “Offenders are known to their victims because the abuse occurs in our homes.  We must now acknowledge that no family is immune from child abuse, and we must advocate awareness every month.”

County Judge Bolls said parents need to be educated early on and referred to programs that can help them before abuse or neglect occurs.  Early intervention is key to stemming the flow of child abuse, but it’s not always easy to identify the parents who need help. Some don’t want it.

“I don’t know what the answer is, but I know what it’s not, and that’s not to do anything,” Bolls said.

Derrick, the former CPS supervisor, said open communication and collaboration among community partners spur awareness of child abuse and neglect.  In the Big Country, an effort is made to treat child abuse as a community problem, she said.

“Child abuse is a problem for our community,” she said.  “It affects our kids in the education system.  It affects our kids in the juvenile justice systems.  It’s a community issue, not just a family issue.”

Like the adage says: It takes a village.

Ice In Child’s Sock Drawer – Part 4

.jpg photo of Child Abuse map graphic
Abilene ranks highest in Child Abuse/neglect rate

Abilene ranks highest in Child Abuse –
neglect rate

~ continued ~

Regional approach raises reporting

Judge Paul Rotenberry of the 326th District Court has seen an increase in child abuse cases.

He has experienced such a surge that other courts are “catching the overflow,” he said.  Weekly, other judges must stand in for him because his docket is so full.

As the family court judge, Rotenberry handles Child Protective Services cases, including those in which the agency believes a child should be removed from the home.  Emergency removals, which is when CPS investigators determine a child’s environment is dire enough that there is not enough time to get a court order for removal, must be heard within 14 days of removal.

“The circumstances are so bad that they’ve got to make an immediate removal,” Rotenberry said.

Since he took the bench Jan. 1, 2015, the number of emergency removals, which usually involve multiple children, have more than doubled.

Emergency removals in Taylor County:

  • 2013 — 103
  • 2014 — 112
  • 2015 — 230
  • January-September 2016 — 191

Bolls, the county judge, said the problem is significant enough in Taylor County that the Commissioners Court plans to petition the Legislature to place a court here dedicated solely to CPS cases.

At a request by the district attorney’s office, the Commissioners Court last year added another prosecutor position to help handle the CPS caseload.  Now there are three assistant district attorneys in Taylor County who prosecute CPS cases.

Rachal Blake is one of those prosecutors.  She has been with the district attorney’s office since 2014.

“It probably took me five months to get caught up to the pace I’m at today because it was so backlogged,” Blake said.  “I was working late every night, coming in on weekends, and it was still super backed up.”

She said the third position was “desperately needed” due to the exponential increase in CPS cases, most of which are related to methamphetamine abuse.  There are so many cases, Blake said, they “crowd out the docket” in the 326th District Court.  And that’s not the sole purpose of that court.  It’s for all family law matters, including divorces, adoptions and custody matters.

“The big increase that I saw came around February of last year,” Blake said.  “It was always busy, but we didn’t have the docket problem that we have now.  A whole court set aside just for CPS could be very beneficial to the county.”

The rise in CPS cases could be a result of more abuse and neglect, or it could reflect the region’s approach to child maltreatment, said Greeley, who serves as co-chairman of the Texas Pediatrics Society committee on child abuse and neglect.  He also is incoming president for the Helfer Society, the international society for physicians practicing in the field of child abuse and neglect.

“These are human beings from CPS workers to judges who don’t have truly objective scales, and they have to decide yes or no,” Greeley said.  “There could be regional differences in saying yes versus saying no.”

For instance, Minnesota Vikings running back Adrian Peterson was accused of child abuse in 2014 after disciplining his 4-year-old son with a switch at his home in Spring.  He agreed to a plea bargain that reduced his felony child abuse charges to a single charge of reckless assault, a misdemeanor, The New York Times reported.

Greeley said the incident occurred in an area of the state where the idea of whipping a child with a switch would be considered child abuse.  In other parts of the state, that would have been “well-accepted parenting” that did not raise any red flags.

“That’s just an example of how regions handle the very same thing differently,” he said.  “Neither is right.  Neither is wrong.  They’re just different.”

Meth use ‘explodes’

Rotenberry said 2016 is set to surpass the previous year’s number of emergency removals.  He credits the increase to more CPS investigators in the area and “the absolute explosion of methamphetamine.”

“My guess is that 90 percent of cases filed involve meth, and probably 80 percent of those have children testing positive for meth,” he said.  “If meth’s involved and the parents are taking care of the kids while they’re high, we’re going to remove those kids.  And if the children are testing positive for meth, that’s a no-brainer.”

Rotenberry said he initially worried that the rise in removals was a result of the change in judges.  He said he eventually dismissed that concern after seeing child after child test positive for meth.

“You could have any judge sitting here,” he said.  “There’s basically no discretion.”

Angela Derrick, a former CPS supervisor who worked for the agency for seven years, said the biggest issue right now with children entering foster care is substance abuse.  Derrick currently is the director of social services at Christian Homes & Family Services, an adoption and child-placement agency in Abilene.

“We had a foster parent who was interviewed a few weeks ago who said eight of their nine placements were drug-exposed children,” she said.  “That seems to be a very common theme among CPS cases and the number of children who are in foster care right now.”

The drug most parents are using is methamphetamine, Derrick said. When children are exposed to that, health, behavioral and educational issues can arise, especially if the children are exposed while the mother is pregnant.

Both Rotenberry and Derrick attributed the accessibility of methamphetamine to the high number of children being removed from their homes by CPS in Taylor County.  Derrick said the fact that Interstate 20 runs through town makes Abilene a big, red bull’s-eye for drug traffickers.

Plus, Rotenberry said, it’s so easy to find how to make meth and so cheap that it seems impossible to rein in its hold on users.

“When everyone can be a chef, how do you stop the cooking?” he said.

The judge said some cases involve heroin, but overwhelmingly the problem is meth.  Most cases entail parents who cannot take care of their children because they are high on meth, and there is no food in the refrigerator or pantry.  The children are not getting to school. They do not have what they need, and they are left home alone.

Because of how meth affects the brain, rehabilitation is extremely difficult, Rotenberry said.  Some users lose all ability to be rehabbed, he said.

“We know what it does with adults.  But what about these kids? What type of future do they have and what type of future does that mean for society?” he said.  “These are the things that keep me up at night.  How can we take care of the children that are here through no fault of their own?  They’re not choosing to use meth.”

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