The Paterno Family is Appealing NCAA Sanctions Against Penn State
The Paterno family wants their 111 wins back. They have announced their intention to appeal the consent decree that permitted sanctions to be levied against Penn State University. They believe that as the representatives of an “involved individual,” now deceased, they are entitled to appeal.
A sample of their justification for the appeal.
As will become evident in a thorough and impartial review, the NCAA acted hastily and without any regard for due process. Furthermore, the NCAA and Penn State’s Board Chair and President entirely ignored the fact that the Freeh Report, on which these extraordinary penalties are based, is deeply flawed because it is incomplete, rife with unsupported opinions and unquestionably one-sided. The NCAA and Penn State’s leadership, by accepting and adopting the conclusions of the Freeh report, have maligned all of the above without soliciting contrary opinions or challenging a single finding of the Freeh report. Given the extraordinary penalty handed out, prudence and justice require that scrupulous adherence to due process be observed and not completely ignored.
This should be dismissed quickly. It’s a silly premise for intrusion and all the parties with a legitimate interest have agreed to the penalties. This and the continued search for the real conspiracists should be viewed as the last desperate acts of a once powerful family that can’t comprehend being rendered irrelevant.
[Photo via Getty]

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49 Responses to “The Paterno Family is Appealing NCAA Sanctions Against Penn State”
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August 3rd, 2012 at 4:23 PM
they go away when you stop giving them press.
not sayin’ just sayin.
August 3rd, 2012 at 4:27 PM
How do they have any legal standing to be involved at all? Did the NCAA secretly poison JoePa’s apple sauce?
August 3rd, 2012 at 4:29 PM
Paterno’s need to shut the hell up. They should be apologizing, not grandstanding.
August 3rd, 2012 at 4:30 PM
They don’t care about the victims or the school. They only care about Joe’s reputation. Selfish bastards
August 3rd, 2012 at 4:42 PM
Sounds like you are asking Detective JMac to close the McNair case…IT will never be SHUT DOWN until the real killers are brought to justice.
August 3rd, 2012 at 4:42 PM
yep. piece of shit no class family. Glad the world is FINALLY realizing this.
August 3rd, 2012 at 4:43 PM
If your dad was accused of what their dad was, and you thought it was completely unjustified, would you just shut up and go away?
It’s a silly premise for intrusion and all the parties with a legitimate interest have agreed to the penalties.
Since there are questions of Erickson’s authority, it could be argued that a party without legitimate interest agreed to the penalties.
August 3rd, 2012 at 4:45 PM
Disagree.
August 3rd, 2012 at 4:46 PM
stop being logical, the pitchforks and torches care for none of this.
August 3rd, 2012 at 4:46 PM
I’m glad someone is willing to step up and challenge the Freeh Report and the reasons behind PSU accepting grossly unfair penalties without the slightest objection. I wish it wasn’t so self-serving, but it’s ridiculous to me that no one is making a bigger deal out of the report’s incompleteness and its use as a rationale for NCAA punishment.
August 3rd, 2012 at 4:47 PM
Perhaps but they have been presented with facts and refuse to accept them.
I wonder which members of the family feel this way and how much of this is just their attorneys grasping at straws
August 3rd, 2012 at 4:49 PM
As a representative of an “involved individual,” now deceased*, I believe I am entitled to appeal LSU’s decision to let Les Miles coach in the national championship game last January, and have the game replayed.
* – That would be my hopes of a national championship
August 3rd, 2012 at 4:49 PM
awesome, the history guys sitting near me just got into a discussion of Derek Jeter’s latest girlfriend. strange days these are.
August 3rd, 2012 at 4:49 PM
I have no problem with the Freeh report but do think the NCAA is foolish using it as justification for punishment. Still doesn’t excuse the Paterno family’s actions
August 3rd, 2012 at 4:51 PM
They weren’t presented with jack shit. They were presented with supposition accepted as facts by people looking for revenge. I don’t know who in the hell can look at the actions taken against Paterno and say the family in repping him don’t have a stake in this. Stevie Wonder can see it after Ray Charles told him it’s as clear as the nose on your face.
August 3rd, 2012 at 4:51 PM
If the words “cankles” or “gift basket” are not used, tell them they’re on the wrong track.
August 3rd, 2012 at 4:52 PM
Perhaps but they have been presented with facts and refuse to accept them.
The “facts” of his involvment are inferences based on like 3 emails. Like Queefer said, the Freeh report is a piece of shit. Bad shit went down at Penn State, no doubt, but there are some huge logical leaps contained in that report, and the BoT is, while mentioned as a failure, conspicuously absolved of any culpability, while a dead guy and soon-to-be dead guy (Curley) are nefariousl criminal masterminds.
August 3rd, 2012 at 4:54 PM
not used. although Minka Kelly was pronounced “Menka”
August 3rd, 2012 at 4:55 PM
sad
August 3rd, 2012 at 4:55 PM
I have no problem with the Freeh report
Then you didn’t read it. I’m an alum, and feel awful that the university gets continually punished because of the actions of a few (and fewer than blamed in the report, imho) and the shitty work passed down by Freeh Group
August 3rd, 2012 at 4:55 PM
Paterno family needs to STFU.
August 3rd, 2012 at 4:56 PM
This post is a much more nuanced and insightful approach to the legitimacy of the punishment than asking two sports law experts for their opinion – which is that the punishments may well not have been legitimate.
Great post, agree completely.
August 3rd, 2012 at 4:56 PM
I think it’s ludicrous that the NCAA didn’t do their own investigation.
August 3rd, 2012 at 4:57 PM
tough shit. That’s life. Happens everywhere.
August 3rd, 2012 at 4:57 PM
The American women are getting run by the Africans in the 10,000 meter. Hopefully the men can do a little better.
August 3rd, 2012 at 4:59 PM
The university is getting punished because it enabled Paterno by letting him claim broad control within its jurisdiction, and Paterno enabled Sandusky by failing to take decisive action when notified of his underling’s criminal behavior.
August 3rd, 2012 at 4:59 PM
I do agree with this. Like usual, the NCAA took the lazy, easy way out.
August 3rd, 2012 at 4:59 PM
This sounds rational. Therefore, this is not welcome here.
August 3rd, 2012 at 5:00 PM
Say it was a member of your family getting killed like this in the mass media. Would you sit there and take it, or try to defend your own blood? Although the Paterno’s are acting bitter, I can’t blame them.
August 3rd, 2012 at 5:03 PM
Circumstantial evidence is still evidence, and its weight is equal to that of direct evidence. The real question whether the estate of a dead man has been injured by losing those wins. If they want to wait until the victims come for the money Joe left them, great, but at this point I don’t see how the family could argue they have standing.
August 3rd, 2012 at 5:04 PM
Having said my piece, if the Paternos are successful in their appeal, I’m going to assume that it means Penn State has to take Rob Bolden back from LSU. So some good could come out of this.
August 3rd, 2012 at 5:07 PM
can they do that? get money from a dead guys estate/family?
better believe the lawyers have already hidden that money if that can happen.
August 3rd, 2012 at 5:09 PM
I sincerely wish that JoePa wouldn’t have kicked, he deserves to get the full experience…I also find it funny that perple from PSU get pissed at the NCAA for being bumbling idiots (which they are), when the way have this situation pales in comparison to the way PSU has monkey fucked this situation over the last 10-20 years…
August 3rd, 2012 at 5:10 PM
/wow that was some shitty typing
August 3rd, 2012 at 5:12 PM
I’m no legal scholar, but I would bet that circumstantial evidence has to withstand the same cross examiniation as any other kind of evidence in a court of law. I bet in this case, it wouldn’t.
August 3rd, 2012 at 5:14 PM
I assume the estate hasn’t been settled yet, so it would definitely be included as a co-defendant, along with Sandusky, the NCAA, PSU, the Big 10, McQueary, and just about anyone else the lawyers can imagine had any involvement in the case.
August 3rd, 2012 at 5:14 PM
Nuff said.
August 3rd, 2012 at 5:20 PM
i just find that absurd. might as well take money from those who donated to PSU, too, since they had as much involvement as the whole Paterno family and will provide as much closure to the people seeking it through litigation.
August 3rd, 2012 at 5:25 PM
that’s best for you.
August 3rd, 2012 at 5:25 PM
i just find that absurd. might as well take money from those who donated to PSU, too, since they had as much involvement as the whole Paterno family and will provide as much closure to the people seeking it through litigation.
agreed
August 3rd, 2012 at 5:25 PM
Everyone who could possibly be liable gets named as a defendant, then they are weeded out. Once the lawsuits actually begin, there will be an extensive discovery phase to find more evidence. The cases won’t rely solely on the Freeh report the way the NCAA’s decision did. Then the administrators will have to testify specifically what happened during that meeting with Joe that changed their minds on how to proceed.
August 3rd, 2012 at 5:36 PM
You just take the bar or something jekyll? Serious question
August 3rd, 2012 at 5:39 PM
5 years ago.
August 3rd, 2012 at 5:40 PM
Second Mile very quietly dropped their investigation into Sandusky yesterday. I extremely interesting how all these other parties are more than happy to let PSU and the ncaa pin this entire thing on four “rogue” football admins.
August 3rd, 2012 at 5:57 PM
YOU JUST GOT JEKYLL’D
August 3rd, 2012 at 6:19 PM
Just wondering. You sound like I sounded right after I took it. Now I have forgotten everything.
August 3rd, 2012 at 6:34 PM
Second mile and corbett should be in investigative crosshairs no? What are feds looking at?
August 3rd, 2012 at 10:10 PM
Their claim to standing is tenuous. Unless there is a body of evidence out there that we haven’t seen, like Paterno arguing in emails that Sandusky ought to be turned over immediately and being told “shut up or you’ll lose your job,” I just don’t really see where he can argue that he’s an injured party. There are no economic damages, at least not yet (and might not ever be, given the way property was transferred last year) that the Paterno family can cite. So all they really have is a lost to the prestige of a dead guy, which I suppose could impact the value of his estate, but it’s pretty weak.
Of the top of my head I can’t think of a single example where that sort of thing has ever gained much traction.
August 3rd, 2012 at 10:58 PM
If anything should be thrown out it is the NCAA’s penalties against Penn State since they entirely overstepped their bounds. Further, years later we’re still waiting on the Nevin Shapiro ruling, the whole UNC thing to be figured out…But the NCAA got on the Penn State thing pretty quick…
/Refused to donate to his D-1 alma mater’s athletic fund or renew season football tickets
//Done with the joke that is the NCAA