Sports In the Courts Blog : New York Attorneys & Lawyers Specializing in Sports Law & Legal Analysis

Gloria Allred, a Los Angeles attorney who fashions herself as the leading activist of women's rights, has sued Lawrence Taylor on behalf of her client, Cristina Fierro. Fierro was the underage girl who was brought to Lawrence Taylor's hotel room by Rasheed Davis, where Fierro and Taylor had sex.  Taylor was prosecuted and pled guilty to patronizing a prostitute and sexual misconduct, receiving a 6 month probation sentence. Fierro alleges she was beaten by Davis and forced to have sex with Taylor. When she arrived at Taylor's room, Fierro claims she had a black eye and was visibly upset, and told Taylor she did not want to have sex. Nevertheless, Taylor proceeded to have sex with her and paid $300.

The Trafficking Victims Protection Act, upon which Fierro's lawsuit is based, has been used primarily to prosecute those engaged in trafficking for financial benefit, through use of force or coercion. Here, there is no indication that Taylor forced or coerced Fierro, other than Fierro's allegations. Since this is a civil action, Fierro's past history is now fair game. If she was a prostitute, we will hear all about it. Taylor's attorney has already come out swinging, stating, "[n]ow, in defending himself, Mr. Taylor and other independent witnesses will have to reveal the rather disparaging truth about Ms. Fierro and the facts about the evening in question."

A copy of the Complaint can be seen here, courtesy of the New York Post. Davis was not named as a defendant despite the fact that his alleged conduct, if true, clearly falls within the scope of the Trafficking Victims Protection Act. 

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Let's face it, the last few weeks have not been very good for Penn State or its legendary football program. In fact, they have been so bad that Joe Paterno was fired and has now gone quiet. The allegations of serial child abuse by former assistant coach Jerry Sandusky and a possible institutional cover-up have turned into a nightmare for the school.

However, Penn State promised us a thorough "investigation" and a search for the truth into these charges, no matter how ugly the facts may be. Today, Penn State took a substantial step in keeping its promise. Penn State needed a major (and independant) law enforcement official to give any internal investigation some credibility. In naming former FBI Director Louis Freeh, Penn State has chosen wisely.

Since Freeh used to be the head of the one of the world's most elite criminal investigation agencies, he has the skills to do a true investigation into this scandal. But, even more importantly, he should have the connections necessary to coordinate his efforts with law enforcement (state and federal) to find out just how deep this scandal may go.

As this story broke, Penn State seemed stunned and slow to react. With choice of Freeh to head its investigation, Penn State has cured that problem, as least for now.

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We all know how this works. There is a horrific scandal involving PSU and defensiveless children, the school lied, covered it up and then fired its long term coach, Joe Paterno. So the ink on the avalanche of lawsuits against Penn State should be pretty close to dry right now, right? Penn State is going to pay countless millions, right?

Well, maybe not. None of the pundits are talking about it (because they haven't played it forward) but the State of Pennsylvania has a monetary cap of $250,000 of claims against the state and its agencies. As part of the its torts claim act ("TCA"), If a public entity is deemed to be a "agency of the commonwealth" then this limit of liability will apply.

My review of the TCA shows unsettled law of whether of Penn State will be able to gain this protection. But you can rest assured that Penn State's lawyers are going to seek all of the protections that may be avaiable under the TCA.

Also keep in mind that there could be significant statute of limitations problems for some of the victims from more than a decade ago. Either way, the point is to keep in mind that if the TCA applies, then the potential verdicts agaisnt Penn State will be greatly reduced.

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Retired basketball player Cuttino Mobley sued the New York Knicks this week in Manhattan federal court, alleging that the Knicks purposely sent him to two cardiologists in order to obtain a medical opinion that Mobley could not play basketball due to his heart condition, hypertrophic cardiomyopathy. Mobley claims that he was diagnosed with this condition in 1999, but was continuously cleared to play by other NBA teams, as long as he signed a waiver.  However, once he was traded to the Knicks, Mobley alleges he was sent to two doctors who are "well-known opponents of allowing players with [Mobley's condition] to play." He claims that the Knicks did so in order to have insurance pay his salary, which would not count for purposes of the NBA's luxury tax.

Although the Knicks have not fared well in court (see Isiah Thomas), the problem with Mobley's lawsuit comes from his own mouth. When he retired in 2008, he stated, "[t]he specialists I've seen made it clear that my heart condition has gotten worse and I couldn't continue to play professional basketball without putting my health and life in serious danger. As much as I want to keep playing in the NBA, I have no choice but to follow the advice of my doctors and step away from the league."  Mobley didn't say, "I disagree with the doctors the Knicks sent me to and I will be seeking a second opinion."

It be difficult to prove that the Knicks sent Mobley to select doctors, knowing in advance what their opinions would be, particularly since these doctors have great reputations and presumably made medical decisions based upon their examinations of Mobley and review of his medical records. According to ESPN, Mobley then saw four specialists who performed additional tests and convinced him to stop playing. Furthermore, Mobley's claim that no other team will sign him, simply because of the situation with the Knicks, is suspect.

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Lawyers often differ on how to approach cases. I don't like a criminal defendant giving a interview to a hostile media. After Jerry Sandusky's disastrous interview yesterday this is why:

1. Burden of Proof: the biggest advantage a criminal defendant has is that the prosecution has to prove each and every element of its case beyond a reasonable doubt. This is the highest standard in our law. After Sandusky's interview, here's what the prosecution no longer has to prove because Sandusky admitted it. Sandusky told us he showered with young boys on more than one occasion, they were naked, their bodies touched and he was the only adult present in the shower. Now, the only factual difference from the indictment is that Sandusky uses the term "horseplay" and the prosecution uses the term "rape" for what happened in the shower.

2. Never call anyone a liar. Sandusky basically took that position that any eyewitness, including Assistant Coach Mike McQueary, is lying about their allegations of sexual misconduct. The prosecution loves this, as they intend on calling a parade of witnesses who will say Sandusky is guilty. But what is more important (and a question McQueary failed to answer) is why would they lie? What would be all of these witnesses' collective motivation to lie and falsely accuse Sandusky of monstrous crimes and in the process destroy Joe Paterno's legacy?

3. Sandusky now must take the stand. Since Sandusky has now come out and given an alternative theory of innocent "horseplay" for what happened, the jury will expect that he will take the stand to give the same story. If he doens't, Sandusky risks the inference of guilt from the jury.

Bye bye 5th Amendment rights

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I am not the first to blog this, but the shocking allegations surrounding the Penn State football program and the university must be fully investigated in a responsible and believable way.

We can not trust the same university who failed to acted (and whose officials have now been indicted for lying) to investigate itself. That's a joke. At a minimum, Penn State should outsource its entire investigation to credible person (see the MLB and the "Mitchell Report"). We also know there is enough smoke around this scandal that the Penn State locals can not be trusted to effectively prosecute the ALL the individuals, including Joe Paterno if appropriate, and the area police who may have discouraged criminal cases involving Jerry Sandusky.

Want more concerns? Exactly how did the prior prosecutor on the Penn State child abuse investigation, Ray Gricar, turn up dead? Wait, let me correct myself, the police never found his body, just his computer resting at the bottom of a Pennsylvania river. Back in 1998, Gricar chose not to prosecute Sandusky. Why? Was he going to change his mind before he died. How can an assistant district attorney just disappear?

It may seem off topic but our country's wise Founders established the federal court system for this type of situation. The federal courts and the US Attorney were designed to enter investigations where the locals had failed to act or could not be trusted to be fair. We are 2 for 2 here with Penn State.

I don't want to hear about the federal government's limited resources or anything like that in this case. We are dealing with a major child abuse case, with victims that still may be afraid to come forward. If the FBI and US Attorney's office doesn't take the lead in the investigation and prosecution of an outrageous case like this, then they have violated their collective duty to all of us.
 

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We all know how this works. There is a horrific scandal involving PSU and defensiveless children, the school lied, covered it up and then fired its long term coach, Joe Paterno. So the ink on the avalanche of lawsuits against Penn State should be pretty close to dry right now, right? Penn State is going to pay countless millions, right?

Well, maybe not. None of the pundits are talking about it (because they haven't played it forward) but the State of Pennsylvania has a monetary cap of $250,000 of claims against the state and its agencies. As part of the its torts claim act ("TCA"), If a public entity is deemed to be a "agency of the commonwealth" then this limit of liability will apply.

My review of the TCA shows unsettled law of whether of Penn State will be able to gain this protection. But you can rest assured that Penn State's lawyers are going to seek all of the protections that may be available under the TCA.

Also keep in mind that there could be significant statute of limitations problems for some of the victims from more than a decade ago. Either way, the point is to keep in mind that if the TCA applies, then the potential verdicts against Penn State will be greatly reduced.  

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Once again a major scandal has broken out in sports and once again I find myself giving the same unsolicited advice: slow down. I know that many major media outlets and some in NYC talk radio hosts have already pronounced the Penn State administration and former defensive coordinator Jerry Sandusky guilty of horrific crimes but for now remember they are all maintaining their innocence.

Even if a set of allegations look really bad (and they do), we still must cling to notion of innocent until proven guilty. Also be mindful that crimes involving child victims can be very complicated and difficult to prove.

As for Joe Paterno, I have heard media commentators accuse him of committing "crimes" in this scandal. Given the information currently known, what exactly would these crimes be? And you can't make up crimes here, you actually have to look at Pennsylvania law. Today, Pennsylvania prosecutors said that Paterno is not a target of their investigation. That representation should mean something to the media.

Now, Joe Paterno may not have committed any crimes and may have done his "duty" by reporting his knowledge of alleged Sandusky's abuse up the broken chain at PSU but that doesn't mean that Paterno is not guilty of moral failure. When someone commits a crime, he has failed to comply with the laws of society. But when someone commits a moral failure (which may not be criminal), he has failed to comply with the laws of common sense.

Again, given the public information, it appears that Paterno should have done more, maybe a lot more. Given what he knew, he should have gone the the police when PSU failed to take action. Paterno should have kept Sandusky far away from PSU facilities and NEVER allowed him to have children on campus. Paterno should have acted with outrage and urgency. But he didn't.

These failures are not against the law but may be against what is right.

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Whitney was a key player on the 2003-2004 team that beat Arizona in the first round of the NCAA tournament.  

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Terrell Owens has made the headlines for his off the field conduct again.  The former Cowboy receiver has struggled to gain interest from any NFL franchise this year due to a knee injury he suffered last year.  With all his time away from the game, you would think Owens would have no trouble getting to a court date that was scheduled October 24th relating to child support payments.  But, Owens wasn't able to make it. 

Without a roster spot, Owens is going to have a heck of a time making payments to the child support that is based on his $11 million earnings in 2007. 

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Jerry Sandusky, a former defensive coordinator at Penn State University, has been charged with sexually assaulting eight boys over a period of fifteen years. Sandusky founded a charity for children with absent or dysfunctional families called the "Second Mile Charity," and that is how he came into contact with the children he allegedly assaulted. Athletic Director Tim Curley and school Vice President Gary Schultz are also being charged with perjury and failure to report under Pennsylvania law, for not reporting the fact that a witness told them he saw Sandusky sexually abusing a naked boy in the locker room showers in 2002.  

The investigation into Sandusky's conduct reportedly commenced in 2008, after a parent of a victim alerted a high school football coach. At this point, there has to be an enormous amount of evidence against Sandusky. A copy of the grand jury presentment, which contains disturbing details of what Sandusky allegedly did, can be seen here.  Many of the incidents occurred in showers at Penn State, including one where a child between the ages of 11 and 13 was seen by a janitor pinned against a wall while Sandusky performed oral sex on him. Others occurred at Sandusky's home, and one incident actually took place at a high school where Sandusky had access to students. Despite the fact that an assistant principal found Sandusky and a victim lying on the floor facing each other, there is no indication that the incident was reported and investigated.

It is quite surprising that Sandusky is only being arrested now. Aside from being devastating to Penn State - a successful program that generally stays out of trouble - there are obvious liability issues, given that some of the incidents that occurred at Penn State were witnessed by others. Since Sandusky had access to Penn State's facilities even after retirement, he should have been watched more closely after some of these allegations were known. A State Senator has already called for the University to investigate a possible "cover up." 

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Ahhh college football Saturday's are the best, you can sit in front of the tv and watch about 50 plus games being played over the course of 12 hours and multiple story lines will undoubtedly develop as the day goes on. Today, on the day that has been hyped as "the game of the century" and "the biggest game ever" when Alabama and LSU play each other down in Alabama where college football is like religion, about 1,500 miles north a sad scandal is breaking in Happy Valley of all places. A former PSU defensive coordinator who was integral in the success of the Nittany Lions dominating and punishing defense and national championship teams in the early 1980s, has been accused of sexually assaulting 8 boys between 1994 and 2009. Jerry Sandusky was arrested and released after being arraigned on 40 criminal counts. The allegations ranged from sexual touching to sex with boys in their early teens.

In addition to Sandusky, PSU athletic director Tim Curley and another administrator were charged with perjury and failing to report the information they knew of the assault/contact. Apparently it has been alleged that a graduate student saw an assault on a 10 year old boy in the locker room and reported the incident to Coach Paterno, who has not been implicated, who then told Curley. Curley and the other administrator met with the graduate assistant, however, never reported the matter in violation of state law.

PSU will be in damage control mode this week and it will be interesting to see if these allegations are proven true, how deep does the knowledge go within the program, and does the NCAA, who has been very heavy handed in levying penalties on players and schools impose any sanctions or penalties. Penn State is 8-1 this year, sitting at No. 16 in the AP poll, and currently undefeated in Big Ten play. After being off this week, Penn State is home for Nebraska next weekend.

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Earlier this week WVU sued the Big East Conference in order to allow it to leave the Big East and join the Big 12 effective June 30,2012. This is just the latest development in the ongoing saga of whether the Big East will continue to exist and be eligible for an automatic berth into the BCS Championship Series. WVU is seeking to be allowed to join the Big 12 earlier than the 27 month waiting period that is contained in the bylaws, which WVU signed. WVU is alleging that the Big East has breached the bylaws with its members as it is not a viable conference and has not done its part to ensure that the Conference receives an automatic berth in the BCS. Therefore, WVU is seeking to leave the Big East and be eligible to play Big 12 football starting in fall 2012. WVU is also arguing that TCU, a member of the Big East in theory for what seemed like a minute, was allowed to leave for the Big12 without having to wait 27 months. However, TCU had never officially joined the Big East when it decided to leave. Therefore, TCU was not subject to the mandatory 27 month timeline. Also, Syracuse and Pitt who are headed to the ACC have not challenged the mandatory waiting period, however, I have no doubt that they will challenge it should WVU prevail. Late last week, the Big East also filed suit against WVU to bar it from leaving the Conference and to enforce the bylaws. Good thing there are some hot issues off the field to keep everyone distracted from the product that's on the football field. This conference realignment promises to become more litigious before all the pieces shake out.

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