Paterno Estate Proceeds With Lawsuit

Potter County Judge, John B. Leete, has ordered former FBI Director Louis Freeh to start complying with former Penn State head football coach Joe Paterno’s heirs’ requests for its raw materials.  The ruling comes in the Paterno estate’s lawsuit aginst the NCAA and Penn state, which seeks to invalidate the sanctions stemming from the Jerry Sandusky child sex abuse scandal. 

On Thursday, Judge Leete rejected Freeh’s request for a stay of the subpoena while that appeal is pending, finding his successor Pepper Hamilton law firm has failed to make a strong showing that Penn State will win its appeal. 

Wick Sollers, an attorney for the Paternos, deemed the decision significant. “The court’s ruling opens the door to the production of materials relating to the Freeh investigation and report that we viewed as improperly withheld under the claim of privilege.” 

The estate is also seeking all communications or documents pertaining to the board of trustees’ November 2011 decision to fire Joe Paterno, and any documents that might show internal questions or concerns about the report’s findings.  The Paterno estate will additionally seek Freeh’s client file on Penn State, which would give them access to interview notes and other reports prepared in conjunction with the board commissioned investigation. 

The Paterno family has long believed that this suit is the best way to understand the truth of how the association, school leaders and Freeh collectively responded to the scandal.  The family is persuaded that these answers are the only way the larger university community can heal from the contentious scandal. 

See Charles Thompson, Paterno Estate Gets Green Light to Proceed With Subpoenas of Penn State Investigator Louis Freeh, PennLive, Nov. 20, 2014.