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I don't escorted back in session on the docket today the Penn State child sex abuse scandal earlier we told you about this man coach Mike mccreery.
He told a grand jury that he saw.
The coach Jerry sandusky sexually assaulting rape a child.
At the school's football facilities in 2002 he was an eyewitness to it as it was happening and did nothing to stop -- He did say that after the fact he reported it to head coach Joseph Paterno but he did not call the police and -- are now suggesting that that failure.
Could be a criminal offense and wondering why a he hasn't been charged and be whether he could be sued.
Our legal panel here -- we all Fox News legal analyst and former prosecutor and Joey Jackson and criminal defense attorney.
All right let's start with possible criminal charges against this guy.
And and lets you know we can leave for now whether he should be charged to the site.
Could he be charged -- what would be the potential chart possible child abuse.
Participating in child abuse just because he walked and -- whatnot but he didn't just block it -- he didn't do anything at the time make it yes under the Child Protective Services statute that I've read.
He did report to -- supervisor which is what he was supposed to do the supervisor with band support as opposed to report the police which they did not do so.
Technically under that he did -- -- what he was supposed to do but he was witnessing.
-- he was witnessing a crime threat that he did not think about it and think of all the other kids back in 2002.
When he saw -- think about all that's dreamed of boys that could have been protected as he just stepped it if I want prosecuting this case I would find something I would have a what I call it come to Jesus -- with -- you comment you sit down and talk to me.
You tell me everything because I think you know a lot more than you're telling us he had -- you told -- grand jury.
Or -- look I'll be very creative about coming up with a way to prosecute but -- date that the prosecutor here has got a couple of brick walls that she's gonna run into if she goes after him criminally does not.
Absolutely first of all we signed the -- is outraged I understand the outrage at the core of the community at large they should be there were abuses here that are horrific an unimaginable.
With that stated however you have to look at what he did do right Megan what he did do was this was 2002 is twenty years old.
And he had just ignore he -- pretend it didn't make it sound like he when he was fourteen -- -- well -- -- -- -- -- -- a grown man but he's working for an organization and and what he did is he didn't turn his back on any one what he did was he told the head coach and he went to him and he said look.
We have a problem here and what should we do to address -- remember he's part of a hierarchy Megan and as part of that hierarchy you don't go -- you do well toll.
What you know like Israelis and -- don't already.
Talk about chain of command like you got -- loyal to your fellow what are you kidding me while he's -- -- a boy being rage against the viewer a loyal to Penn State now who are without health and safety of little children.
-- he would he went to the head coach and he said this is what's happening and he had every reason to believe that the head coach and the other people in the hierarchy would do the right and -- and I want to go out is that.
Why didn't -- at that moment forget about the next day what he did forget about me told it the next day what about -- that moment going and stopping what was happening that great of a child at that commonwealth RD line.
That wolf first of -- least you know that there's no such a law that requires any of us to take affirmative steps to stop any criminal act and for good reason because then we may be the subject of a criminal act because the person who's doing they're -- -- bent upon us now there -- morals and ethics involved here he didn't have an obligation to stop -- he had an obligation to report and that's ultimately what -- -- How do you think he got in else how do you not pick up the phone okay -- fight it doesn't live in I've -- doesn't look like they can make a criminal case against them.
But what about a civil case that you're that you're the family of that little boy.
Reese who who is now you know in it in -- twenty years old.
-- can you can you file a civil suit against this much of this -- and the -- He Natalie he failed to stop you witnessed in progress didn't stop that and then after the fact me get this before a jury.
-- golf with this guys send us these charity with him according to the report I've read you know but continue to associate with a guy I mean.
Could you make a case against of course you -- file of the -- claim absolutely -- what I would -- -- all of these.
Victims of the families of these victims -- to wait until the criminal charges are done because then they can use some of the criminal -- assuming that come back guilty to use them in the civil cases but.
Of course you could you can claim.
Negligence abuse -- Breach of trust all of that.
And we're but I wouldn't just bring in the coaches I would bring I would go higher than that I gotta get Penn State and got out there -- -- are absolutely -- -- and I showed knowledge and they did nothing.
-- I agree in part I disagree with the other I think that -- people in the hierarchy here who could be involved and who could potentially be civilly liable for what happened here by doing nothing yes they -- negligent.
And in not doing anything about the horrific nature of what was going on at the same time remember what he did do what he's doing is he's cooperating fully that is an aquarium with the investigation.
Now that we're now now now -- but remember when sip of 2000 -- -- we want and yet you know he's a young man involved in -- -- as a result of that he could lose his job he has a family that he could -- you know he has to support them as a result of that he's at.
-- spot -- -- now we don't know about me like you are doing a brilliant job of offering his defense but I know you.
And if you witnessed what he witnessed.
You would unleash hell on the assailant and I think most of our viewers watching this what I'm gonna leave it there for right now gonna pick up on -- point.
Right after this break.
All right so I want to pick up with.
The lawsuit against the inevitable lawsuit against Penn state university.
They are going to I'm sure -- these victims guys are gonna alleged.
That there was a dangerous condition on these premises and at the university failed to take steps to correct it.
Lease -- -- pawn that off.
On the fact that these two coaches the athletic director -- a coach.
Didn't didn't do more didn't let administrators beyond those -- know yet.
It cannot be that that you're not talking about criminal charges about partnered writing about civil litigation -- a much lower standard and yes you can.
That yes but the letter of the law -- -- you -- that supervisor told a super by the but than they did nothing beyond that an -- politically they knew or should have known.
He repeated acts.
Violence that were happening violence that were happening on their facilities make and that's really what would send it will be university prevailed joined by by just this year on believability -- -- you know that you would.
That that that that grown men you know would be participating in -- conspiracy to cover up child -- serial child rape that was taking place -- the premises.
Over a decade it's it's literally un believable.
Yet it is Megan but you know the argument will be of course and remember -- not gonna have receptive beer aside any jury who would potentially here this is going to be shocked outraged and and being ready to shower or any amount of money upon these victims here.
So it's gonna be tough civilly I would I pen State's gonna cut -- -- I think they -- the cutting -- I mean because they were on notice that the fact once once you have your duty to report and people know about it.
I nothing's done now you're on notice and it as a result of being on notice about it -- you have to take preventative measures and to the extent they didn't do that.
But I think civil liability is more apt to happen here.
Do you -- think that the two guys who have been charged athletic director forget sandusky -- -- but they athletic director and the the coach.
Who have been accused of its failure to tell the truth to the grand jury and failure to report.
Can they go after them for failure to report when the statue limitations is two years -- in 2002 weeks.
That's the problem that that's a huge problem because.
Again you know criminally their that the criminal prosecutors and have a big issue with that the perjury they could still -- -- that perjury -- that's happened right.
Allegedly right but allegedly but.
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Think ultimately how Tom obviously as an individual -- of course some outraged I would of you know of course have taken the steps that I need to take but as a lawyer I see a little differently.
What happened and now I'm sorry hang tough when they get -- for Jerry Reese Joey thank you -- --
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