Corruption Also Fails Those We Trust To Uphold the Law

Revealed: Prosecutor who failed to nail Penn State coach for 'sex abuse' vanished in 2005 and was declared 'legally dead' this year 

Questions on Sandusky Are Wrapped in a 2005 Mystery
The New York Times by Ken Belson  -  November 8, 2011

One of the questions surrounding the sex-abuse case against Jerry Sandusky is why a former district attorney chose not to prosecute the then-Penn State assistant coach in 1998 after reports surfaced that he had inappropriate interactions with a boy.  The answer is unknowable because of an unsolved mystery: What happened to Ray Gricar, the Centre County, Pa., district attorney?  Gricar went missing in April 2005. The murky circumstances surrounding his disappearance — an abandoned car, a laptop recovered months later in a river without a hard drive, his body was never found — have spawned Web sites, television programs and conspiracy theories. More than six years later, the police still receive tips and reports of sightings. The police in central Pennsylvania continue to investigate even though Gricar’s daughter, Lara, successfully petitioned in July to have her father declared legally dead so the family could find some closure and begin dividing his estate.  Yet as the Sandusky investigation moves forward, questions will be asked anew about why Gricar did not pursue charges against him 13 years ago. A small but strident minority believes Gricar did not want to tackle a case that involved a hometown icon. Others who knew and worked with Gricar say he was a meticulous, independent and tough-minded prosecutor who was unbowed by Penn State, its football program and political pressure in general.  “No one got a bye with Ray,” said Anthony De Boef, who worked as an assistant district attorney under Gricar for five years. “He didn’t care who you were; he had a job to do.”  De Boef said Gricar did not share any information with him about the case in 1998, which involved Sandusky allegedly showering with an 11-year-old boy. Gricar, he said, reviewed the police reports in private including, presumably, notes or recordings of two conversations that the police heard between Sandusky and the boy’s mother. But Gricar had a reputation for thoroughness, and if he thought he had enough to charge Sandusky, he would have, De Boef and other lawyers said.  Still, the circumstances surrounding Gricar’s disappearance prompt many questions.  On April 15, 2005, Gricar, then 59, took the day off. At about 11:30 a.m., he called his girlfriend, Patricia Fornicola, to say he was taking a drive on Route 192. About 12 hours later, she reported him missing.  The next day, Gricar’s Mini Cooper was found in a parking lot in Lewisburg, about 50 miles from his home in Bellefonte. Gricar’s cellphone was in the car, but not his laptop, wallet or keys, which were never recovered. Months later, the laptop was found in the Susquehanna River without its hard drive, which was discovered later. It was too damaged to yield any information. On the fourth anniversary of his disappearance, investigators revealed that a search of his home computer yielded a history of Internet searches for phrases like “how to wreck a hard drive,” according to a report at the time in The Centre Daily Times.  When Gricar disappeared helicopters, dive teams and patrol cars were deployed, and the F.B.I. was brought in. Reports of Gricar turning up in Illinois, Ohio, Michigan, Maryland and other states proved to be dead ends.  So what happened? Friends and colleagues say Gricar was not the type to walk away. His bank accounts were not touched after he disappeared, he had no other sources of income and he had no major debts, said Robert Buehner Jr., a friend and the district attorney in Montour County. Though divorced twice, he seemed happy with his girlfriend and close with his daughter. Gricar had already announced that he was retiring at the end of his term.  “He was absolutely looking forward to his future,” Buehner said.  If Gricar committed suicide, Buehner added, he would have wanted the body to be found. Foul play is the next possible conclusion. By the nature of their jobs prosecuting criminals, district attorneys end up having many enemies. But no credible suspects have emerged.  “I don’t think you’ll find too many district attorneys who disappear,” said Ken Mains, a detective who works on cold cases in Lycoming County. “D. B. Cooper, Amelia Earhart, Jimmy Hoffa, until a body is found, there are going to be conspiracy theories.”

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Revealed: Prosecutor who failed to nail Penn State coach for 'sex abuse' vanished in 2005 and was declared 'legally dead' this year

The Mail by Laurie Whitwell and Louise Boyle  -  November 11, 2011

• Body of District Attorney Ray Gricar was never found but car abandoned and laptop dragged from river
• Gricar had a 'bitter taste in his mouth' about Penn State program
• Receivers coach Mike McQueary who witnessed Sandusky's alleged rape of child - but didn't tell police - allowed to stay in his job
• Head coach Joe Paterno fired amid riots on campus

Body never found: District Attorney Ray Gricar, who previously tried to bring charges of sexual abuse against Jerry Sandusky, disappeared in 2005 in Pennsylvania

The district attorney who tried and failed to prosecute Jerry Sandusky in 1998 after reports of sexual abuse emerged, has been missing since 2005 and was declared legally dead in July.
Ray Gricar disappeared on April 15 six years ago after telling his girlfriend he was going for a drive.  His body was never found, only his abandoned car and his laptop which had been tossed in the Susquehanna River in Pennsylvania without its hard drive. In 1998, Gricar had attempted to bring a case against Penn State former football defence coordinator Jerry Sandusky on child rape charges.  The case of Sandusky, accused of years of abuse of boys that allegedly was covered up by school officials, has shaken the university and its football program. Last night, legendary head coach of Penn State Joe Paterno was fired amid allegations of a cover up.  When it came to the Sandusky allegations 13 years ago, friends and former co-workers said Gricar would never have backed down if he had a strong case.  The lawyer's nephew Tony Gricar told The Patriot-News: 'People ask why Ray did not prosecute, and I have no problem saying, because he clearly felt he didn't have a case for a ''successful'' prosecution.  'One thing I can say is that Ray was beholden to no one, was not a politician.'  The DA had a 'bitter taste in his mouth' for the Penn State program and Coach Sandusky, added his nephew.   Montour County District Attorney Robert Buehner Jr, a friend of the missing man, told the New York Times that if Gricar had committed suicide, he would have wanted his body found.  No suspects have ever emerged after investigations into Gricar's death.

Barred: Former Penn State football coach Gerald 'Jerry' Sandusky is taken away in a police car after he is charged with sexually abusing eight young boys

A report written in 1998 on the charges levelled against Sandusky decided the claims were 'unfounded' - even after the DA had the mother of an alleged victim confront the football coordinator while police listened in.  Mr Beuhener told The Patriot News: 'You don’t want to go after someone high profile unless you have a compelling case.' The latest twist in the scandal comes as it emerged that federal officials will investigate whether Penn State violated federal law by failing to report alleged sexual abuse by Sandusky. In 2002, a graduate assistant told Penn State coach Joe Paterno that he witness Sandusky raping a 10-year-old boy in the showers of the football team's locker rooms. There was no indication that Gricar was ever notified, reported the Patriot-Times.

Never seen again: DA Ray Gricar was pronounced legally dead in July after going missing six years ago. The only trace of him was his car and a laptop found in the Susquehanna River, Pennsylvania

It was also revealed that the graduate assistant who witnessed Sandusky's alleged rape will be allowed to stay on as receivers coach, the role he has worked up to since 2002. Penn State are due to play Nebraska on Saturday and new interim coach Tom Bradley said Mike McQueary 'will be coaching', according to TMZ.  McQueary claims he witnessed Sandusky raping a little boy in the Penn State showers, when he was a 28-year-old graduate assistant. Although he reported what he had seen to Paterno he never called police. Paterno was sacked with immediate effect last night for his role in the sex scandal amid riotous scenes around the university's campus.

Suspected cover-up: Assistant coach Mike McQueary (pictured with Joe Paterno), who allegedly witnessed Sandusky's rape of a young boy but did not go to the police, will be allowed to stay in his job at Penn State

'Mixed emotions': Penn State interim coach Tom Bradley has replaced Joe Paterno who lead the team for 46 years after he was fired following an alleged sex abuse cover-up

The college's Board of Trustees also forced the resignation of president Graham Spanier after the shocking allegations. Mr Paterno, 84, had said he would retire at the end of the 2011 season but the trustees stepped in to tell the legendary coach he will never take charge of another game following the allegations of a cover up. Assistant coach Tom Bradley has been named interim football coach while Penn State provost, Rodney Erickson will become interim president. Bradley said it was with 'very mixed emotions' he was stepping into Paterno's shoes.  He told a press conference: 'We're obviously in a very unprecedented situation. I have to find a way to restore the confidence... it's with very mixed emotions and heavy hearts that we go through this. 'I grieve for the victims, I grieve for the families.'

Waving to the crowd: Joe Paterno and his, wife, Susan, stand on their porch to thank supporters gathered outside their home after the football coach was sacked

Unrest: Penn State University students take to the streets and chanted Mr Paterno's name after hearing the famed coach had been sacked

Speaking at his house to a large gathering of students last night, Mr Paterno said: 'Right now, I'm not the football coach, and that's something I have to get used to.' He then urged the students, who chanted 'We want Joe back!', to 'go study' and 'pray a little bit for those victims'. His wife Sue picked up a bouquet of flowers and addressed the crowd in tears, saying: 'Thank you all for your support. We love you.' Mr Paterno later issued a statement, which read: 'I am disappointed with the Board of Trustees' decision, but I have to accept it.' Thousands of students flocked to the university's Old Main building, in University Park, State College, to voice their displeasure at the decision to oust the man who has been head coach for nearly half a century. They chanted 'We love JoePa' and were described by onlookers as 'emotional'. Lampposts and street signs were torn down and fireworks set off. 

Changes: People view a mural at State College where the image of Jerry Sandusky was painted over and replaced with an empty chair

Around 400 riot police attempted to clear the mob with tear gas used to control the crowd, which continued to prowl the streets into the early hours. A mural honoring Paterno, called Inspiration, was partially painted over to cover an image of Sandusky's face. In Sandusky's place, the artist put a blue ribbon, which is a symbol for the campaign to end child abuse. Michael Pilato, the artist who created the mural, told KDKA-TV that he received an email from one of the victim's mothers, asking him to paint over Sandusky. 'It’s just a really sad day for me,' Pilato added. Mr Paterno, one of the biggest names in American sports, had previously said in a statement that the situation was a tragedy and 'one of the great sorrows of my life'.

Former leaders: Jerry Sandusky (left) was the defensive line coach under head coach Joe Paterno (right) before Sandusky retired in 1999

Back in the day: Joe Paterno and the Penn State Nittany Lions before a game in 2004

The education department confirmed it is launching a probe into whether there were violations of a federal law called the Clery Act. It requires colleges and universities to publish and distribute information about criminal offences - including sex offences - that are reported to school authorities. Education Secretary Arne Duncan said in a statement: 'If it turns out that some people at the school knew of the abuse and did nothing or covered it up, that makes it even worse.  Schools and school officials have a legal and moral responsibility to protect children and young people from violence and abuse.' Mr Paterno, in his 46th year as head coach of the Nittany Lions and winner of two national championships, has been criticised for not doing more to intervene when incidents of Sandusky's abuse came to light in 2002.

Conference: Steve Garban (left) and John Surma (right) announce that Penn State president Graham Spanier and football head coach Joe Paterno have been fired during the Penn State Board of Trustees meeting

'With the benefit of hindsight, I wish I had done more,' he added. Two former university officials - athletic director Tim Curley and finance official Gary Schultz - were charged on Monday with failing to alert police after they were told that Sandusky had been seen sodomising a young boy in the football locker room shower in 2002. They have also been charged with perjury in their statements to a grand jury. They have stepped down from their positions at the university following an emergency meeting of the university's Board of Trustees. Lawyers for all three men have said their clients deny the charges and maintain their innocence. Mr Paterno's sacking comes as anticipation builds for Saturday, when Penn State is due to take an 8-1 record into its final home game of the season against the University of Nebraska. It was always likely to be the final game in 106,000-seat Beaver Stadium for Mr Paterno, who is in the last year of his contract and has become more frail in recent years. But he has now been denied of that chance. Under his leadership, Penn State has won 409 games, a record for a coach in major college football. He set the record for wins when the Nittany Lions beat Illinois on October 29, just days before Sandusky was charged on November 5. The ugly sex abuse scandal has cast a pall over the sprawling campus of about 44,000 students at the State College, in central Pennsylvania, which is the flagship of about two-dozen Penn State campuses across the state. Tom Corbett, governor of Pennsylvania, termed Mr Paterno's retirement part of a string of bad days for Penn State.

Perjury charge: Penn State Athletic Director Tim Curley, left, and VP for finance and business Gary Schultz

'It is unfortunate that his retirement is taking place under the cloud that is going on. It is a sad day, It's been a sad day for a number of days,' Mr Corbett told reporters at a press conference in the state capital of Harrisburg. Mr Corbett was the state's attorney general when authorities started their investigation into Sandusky, and would not discuss the details of the case, saying only that 'he who preys on a child is the worst person in the world'. The grand jury report detailed alleged sexual assaults of eight boys by Sandusky over 15 years - during his time as a Penn State coach and after his retirement in 1999. Since then a ninth potential victim, a man now in his 20s, has come forward, and Pennsylvania police have set up a tip line for others to call. The number of accusers in the case has more than doubled. Sources told Fox 29 News that as many as 17 people have said they were victimised by Sandusky, up from the eight victims listed in a grand jury indictment Monday.

Idyllic: Authorities say Jerry Sandusky's nondescript home in State College, Penn., was one of the places he sexually abused several boys

Sandusky, 67, allegedly recruited his underage victims from 'The Second Mile,' a charity he founded to help underprivileged children, and subjected them to a pattern of escalating abuse. The charity moved quickly this week to disassociate itself from Sandusky, who this week was also ordered not to spend time with his grandchildren without supervision. A preliminary hearing for Sandusky originally slated for today has been postponed until December 7. Sandusky, whose defenses were usually anchored by tough-guy linebackers - hence the moniker 'Linebacker U' - spent three decades at the school. The charges against him cover the period from 1994 to 2009. Sandusky, 67, was arrested on Saturday and released on $100,000 bail after being arraigned on 40 criminal counts.  The allegations against Sandusky, who started The Second Mile in 1977, range from sexual advances to touching to oral and anal sex.  The young men testified before a state grand jury that they were in their early teens when some of the abuse occurred; there is evidence even younger children may have been victimised.

Handcuffed: Eight young men have been identified as the targets of sexual advances or assaults by Sandusky from 1994 to 2009, prosecutors said

Sandusky's attorney Joe Amendola said his client has been aware of the accusations for about three years and has maintained his innocence. 'He's shaky, as you can expect,' Mr Amendola told WJAC-TV after Sandusky was arraigned. 'Being 67 years old, never having faced criminal charges in his life and having the distinguished career that he's had, these are very serious allegations. 'He's very, very depressed. He's very upset. He's very distraught about the charges, the allegations.' Sandusky is charged with multiple counts of involuntary deviate sexual intercourse, corruption of minors, endangering the welfare of a child, indecent assault and unlawful contact with a minor, as well as single counts of aggravated indecent assault and attempted indecent assault.Prosecutors said all of the young men first encountered Sandusky through Second Mile and not through the university. A grand jury report, which recommended charges, said the first to come to light was a boy who met Sandusky when he was 11 or 12. The boy received expensive gifts and trips to sports events from Sandusky, and physical contact began during his overnight stays at Sandusky's home, jurors said. Sandusky was banned from the child's school district in Clinton County in 2009, after his mother reported alleged sexual assault to his high school. That triggered the state investigation that culminated in charges Saturday.

Heyday: Jerry Sandusky (centre) is a star in football circles as he is closely identified with the school's reputation as a defensive powerhouse.