The Case For Arresting Joe Paterno

A grand jury said it found no cause to indict Joe Paterno in the Penn State sex-abuse scandal. But one expert we’ve spoke to isn’t sure about that.

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Paterno and a Penn State graduate assistant, later identified as current assistant coach Mike McQueary, were not indicted in a grand jury finding that charged former defensive coach Jerry Sandusky with 40 sex counts, and two school officials with perjury and obstruction.

On Thursday, Paterno reportedly hired Wick Sollers, a high-profile Washington attorney who once represented George H.W. Bush.

Paterno’ son, Scott, also passed on his duties as family spokesman to a high-profile firm based in the Washington, D.C. area.

Gov. Tom Corbett and State police Commissioner Frank Noonan have confirmed they don’t believe Paterno could be charged for not reporting what McQueary told him to police.

But Corbett and Noonan said publicly that Paterno didn’t meet a moral expectation to do more in the case.

Paterno himself in a statement said. “With the benefit of hindsight, I wish I had done more.”

Fox 29 legal contributor Ken Rothweiler says there may be a case for indicting Paterno based on his understanding of the law.

“He should be indicted,” Rothweiler said. “Spanier should be indicted and McQueary should be indicted.”

“What they didn’t do was they didn’t get this abuse to the authorities so that something could be done. This is bigger that football. This is about child abuse,” Rothweiler said.

Rothweiler believes it will be Paterno’s potential knowledge of a 1998 incident involving Sandusky that was investigated by the late Center County district attorney, Ray Gricar, that could be problematic.

“I think Joe Paterno will need a criminal defense laywer at some point. I think when all the facts come out people are going to see in 1998, Joe Paterno knew about Sandusky, and did nothing about it.”

Gricar investigated Sandusky for several weeks in 1998 but declined to prosecute. Sandusky retired the next year at the age of 55 after he was reportedly told by Paterno he would never be the head coach of Penn State.

The incident involving Sandusky, McQueary and Paterno happened in 2002.

Rothweiler also said Paterno will need an attorney to fight civil lawsuits.

For now, Paterno remains in State College.

His son, Jay Paterno, spoke with us briefly last night and said he knew nothing about his father hiring a lawyer.