Paterno family demands emails

Many still defend the late Penn State football coach, cite smearing

Associated Press

HARRISBURG, PA.

Joe Paterno’s family and supporters are defending the late coach against a leak of apparently damaging material released during highly secretive investigations into former assistant coach Jerry Sandusky.

Details from a decade-old email have raised new questions about whether the Hall of Fame coach tried to cover up a sex abuse complaint against Sandusky.

With Paterno no longer able to come to his own defense, his family has fought back, with their lawyer accusing “someone in a position of authority” of trying to smear the late coach.

But family spokesman Dan McGinn said Tuesday he wasn’t worried about the various investigations’ impact on Paterno’s legacy. McGinn said Paterno never directed him to protect his legacy or clear his name during their discussions that followed Sandusky’s arrest in November.

“Joe Paterno had confidence in the way he lived,” McGinn said. “He believed his life record would speak for itself.”

Paterno died from lung cancer at age 85 in January, two months after the Penn State trustees fired him, citing a lack of leadership in response to a 2001 report by graduate assistant Mike McQueary about Sandusky showering with a boy in a football team locker room.

Paterno issued a statement in December that said he reported the McQueary complaint to athletic director Tim Curley, and “that was the last time the matter was brought to my attention.”

But CNN has reported that an email from Curley indicated he changed his mind about going to child welfare authorities after speaking with Paterno, which suggests the longtime coach took a more active role in the decision than what he described.

Curley, now on leave from the university, and retired vice president Gary Schultz, are awaiting trial on charges they did not properly report the suspected child abuse, then lied to a grand jury about how seriously they viewed McQueary’s report.

It’s unclear how the email traffic about Paterno might affect their criminal defense: whether it will be used to show how the men agonized over a difficult decision or whether the correspondence suggests the powerful head football coach was really calling the shots. A spokeswoman for their lawyers offered no immediate comment on the subject Tuesday.

Sandusky was convicted last month of 45 counts, including four related to the encounter described in McQueary’s testimony, but acquitted of the most serious count in that encounter.

On Monday, the Paterno family issued a statement asking for release of all relevant emails and records from the attorney general’s office and from the company hired by Penn State to conduct a review.

Any confirmation that Paterno was involved in the decision not to report the shower assault won’t matter to 1966 Penn State alumnus Michael S. Kirschner, a Bryn Mawr businessman and who chaired the Paterno Library board.

“To me it doesn’t, because I love the man. I learned from him, and I can walk from my home in Philadelphia to Penn State in the footsteps of mistakes I’ve made,” Kirschner said. “The legacy of those of us who believed in him will not be tarnished. No matter what.”