Jerry Sandusky Scandal

Another John Doe asks for anonymity in Paterno, NCAA case

nmark@centredaily.com

Another man claiming that Jerry Sandusky abused him is asking to have his name kept quiet in court.

Andrew Shubin, an attorney for a man identified as John Doe 71, submitted a motion in Centre County Court of Common Pleas to file under seal his request for a protective order “aimed at preserving his anonymity and privacy.”

According to the motion, John Doe 71 is a State College resident. He is the 60-year-old husband of a Penn State employee, and he suffers from “significant emergent cardiac issues and the information contained in the motion implicates serious privacy, confidentiality, anonymity and health-related safety concerns.”

This filing follows one made Wednesday from John Doe 150.

In that case, a man who said he was assaulted as a 14-year-old boy attending a football camp at Penn State asked the court to allow him to either respond to subpoenas via written responses or to testify under tightly controlled conditions. John Doe 150’s attorneys, Slade McLaughlin and Michael Boni, said their client had not told “even those who are closest to him” about the incident.

However, those documents do say he reported the abuse to late longtime Nittany Lions football head coach Joe Paterno. Sandusky retired as Paterno’s defensive coordinator in 1999, but in the early 1970s, he was the linebacker coach, just a few years removed from his tenure as a graduate assistant. Sandusky created The Second Mile, the children’s charity where all of the victims in his criminal case came from, in 1977.

Both requests are filed in the case between the Paterno estate and the NCAA over the fallout of the college sports oversight organization’s response to the Sandusky incident and the effect it had on the coach.

Paterno was released from his position in November 2011, shortly after the Sandusky child sex abuse charges became public. He died of lung cancer in January 2012, five months before Sandusky’s conviction and six months before the NCAA’s unprecedented sanctions against the football program, including the stripping of years of his wins.

Those sanctions were repealed in January 2015, restoring Paterno’s record 409 wins.

Both John Does tie back to the earlier days of the scandal through their attorneys. Shubin is a State College attorney who represented multiple accusers, including Sandusky’s adopted son Matthew. Boni was part of a team of litigators and says he worked with between nine and 12 individuals who reported abuse by Sandusky. McLaughlin and Boni together represented Victim 1, one of the 10 men who Sandusky was convicted of abusing.

According to a press release from 2011, McLaughlin specialized in catastrophic personal injury, including sexual abuse, while Boni practiced class action and “complex litigation,” again including sexual abuse. They worked jointly on cases involving clergy abuse in the Philadelphia Catholic archdiocese.

Altogether, the university paid out $93 million on 32 claims from 2012 to 2015. The Catholic diocese in Boston paid out about $7 million less to 500 victims.

The Sandusky scandal surged back into the public eye in May when Philadelphia Judge Gary Glazer’s order on the case between Penn State and liability insurer Pennsylvania Manufacturers Association revealed a piece of information that caught attention. Glazer pointed to settlements with an accuser whose case dated to 1976 and that Paterno was told.

“Over the past four-and-a-half years Joe Paterno’s conduct has been scrutinized by an endless list of investigators and attorneys,” said Paterno family attorney Wick Sollers at that time. “Through all of this review there has never been any evidence of inappropriate conduct by Coach Paterno. To the contrary, the evidence clearly shows he shared information with his superiors as appropriate.”

On May 16, Potter County Senior Judge John Leete, specially presiding over the case in Centre County, reopened discovery in the Paterno v. NCAA case to allow requests and depositions related to Glazer’s ruling.

Sandusky maintains his innocence. He is serving a 30- to 60-year sentence at Greene state prison in Waynesburg but is in the midst of a Post-Conviction Collateral Relief Act petition seeking a new trial.

An evidentiary hearing in that case will be held in August.

Sandusky’s attorneys Al Lindsay and Andrew Salemme are arguing many different reasons the 45 convictions should be overturned, including a monetary motivation for the victims and that witness testimony came about through repressed memory recovery.

Several news organizations, including the Centre Daily Times, have petitioned the Philadelphia court for access to the sealed settlement information in the Penn State v. PMA case.

Lori Falce: 814-235-3910, @LoriFalce

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