<p>Look. I am not a defender of Joe Pa, Curley, Schultz, or anyone. I am not their fan. I am certainly not a fan of Sandusky. </p>
<p>I agree that there is a moral obligation to protect children, and I hope I would live my life that way. I think, at the least, Paterno and his minions knew Sandusky was something of a perv about kids, and I would think a lot more of them if they had acted more forcefully to neutralize him. If I were a trustee of Penn State, I would certainly be considering firing them all now, for not having upheld the values of the institution or acted forcefully enough to protect it.</p>
<p>I have trouble believing, though, that any of them thought Sandusky was raping (not just inappropriately touching) kids on a regular basis, like he was, and did as little as they did about it. I agree with all of you – if that’s true, their behavior was horrific. I conclude from that, however, that I have to be really careful about assuming what they knew, and examine the evidence carefully before deciding they are all moral bankrupts. I think better of people than that, in addition to the whole presumption of innocence thing. Their actions are so inconsistent with what most of you insist they knew, that I can’t believe they knew it. And to an extent that includes McQueary. If he was sure at the time he was witnessing anal sex between Sandusky and a 10-year-old . . . the rest of the story makes very little sense.</p>
<p>Like all of you, I am just trying to draw the curve that best fits the data points. And one of the things I’m suggesting is that maybe McQueary is much more certain now, in retrospect, what he saw and how he described it, than he was at the time. It wouldn’t be the first time in the history of the world that happened. And finding out that Sandusky was violating kids on a regular basis for years would certainly serve as an incentive to make yourself believe that you had done a little more than you did to stop it when you had a chance.</p>
<p>Separately, in reading the grand jury report, I am disturbed that a public official with awesome law enforcement powers used those powers to embarrass and humiliate people for moral failings that I do not believe she could win a criminal conviction on. Prosecutors have incredible powers; it’s really important that they color within the lines when they use them, and I don’t think this one did. We may all be disappointed at the moral failings of Paterno, Curley, and Schultz, but there’s precious little basis to charge any of them with a crime, and describing their conduct has nothing to do with the evidence necessary to convict Sandusky. The AG went after these people, and while most of us may consider that a public service on the merits, it was not right. She is going to have their scalps on her belt, now, and that may give her career a nice boost, but it chills my blood.</p>
<p>And I certainly believe that we do not live in a society where people can prosecuted and jailedl for failing to investigate and report whether their neighbors and co-workers are sexual deviants, terrorists, racists, revolutionaries, bank robbers, whatever. There are societies where that is the case, and while neither approach is perfectly bad or perfectly good, I think ours is better.</p>