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Records, emails regarding Freeh’s investigation to be made public

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Louis Freeh

Posted: Sunday, December 22, 2013 12:06 pm

Previously withheld documents regarding Louis Freeh’s investigation into the university’s handling of incidents surrounding former assistant football coach Jerry Sandusky will be released, according to a Pa. Office of Open Records decision released Friday.

Ryan Bagwell, Class of 2002, requested the release of over 600 pages of emails and other documents under the Right to Know Law.

These documents include emails between members of the Board of Trustees, Louis Freeh, Freeh’s partners and former Pa. Secretary of Education Ron Tomalis. The subject of these communications include Freeh’s internal investigation, the NCAA and Board of Trustees meetings, according to court documents.

On Friday, the Office of Open Records ordered the Pennsylvania Department of Education release 518 of these documents in the next 30 days, according to court documents.

Bagwell considered this number a victory, although he expects the university to appeal this decision within the 30-day window, he said.

According to court documents, 155 documents will not be released on the grounds of attorney-client privilege.

While Bagwell respects the Office of Open Records’ ruling, he said he does not believe the attorney-client privilege should apply to Freeh.

“Louis Freeh wasn’t hired to provide legal advice. He was hired to conduct an investigation,” Bagwell said.

By allowing Freeh to talk to the NCAA, the attorney general and the grand jury, Penn State waived the attorney-client privilege, Bagwell said.

Bagwell has yet to decide if he will appeal the decision, which comes four days after it was determined that Penn State waived the attorney-client privilege by allowing former legal counsel Cynthia Baldwin to testify to the grand jury in Sandusky’s investigation.

Bagwell is the creator of the Penn State Sunshine Fund, a grassroots organization dedicated to increasing transparency of the Penn State administration.

“My ultimate goal from day one has not been to prove one point, but to reveal how Louis Freeh came to the unsupported conclusions he did,” he said.

Bagwell, who currently lives in Wisconsin, has made twenty requests for records since May 2012 and has received hundreds of previously-withheld records, he said.

“For a Board [of Trustees] that claims to be transparent, they’re fighting awfully hard to maintain the secrecy of these documents,” Bagwell said. “The Board owes us answers.

The Office of Open Records did not return a request for comment as of Saturday afternoon.

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  • johntratur posted at 6:23 am on Mon, Dec 30, 2013.

    johntratur Posts: 79

    Poor DerfRiley, his pipedream Freep world is about to end.

  • FredRiley2 posted at 1:00 pm on Sun, Dec 29, 2013.

    FredRiley2 Posts: 208

    If you and Bill are representative of what PSU is turning out, then Freeh and the NCAA didn't go far enough in fines and sanctions.

  • johntratur posted at 1:21 pm on Sat, Dec 28, 2013.

    johntratur Posts: 79

    Hogs will grow wings and fly before Freep's nonsense is found to be correct.

  • Bluejay1977 posted at 12:45 pm on Thu, Dec 26, 2013.

    Bluejay1977 Posts: 1

    Since everything since the GJ presentment including the Freeh report and the current legal decisions has been done behind closed doors with the stench of political mischief.........I say, release all the emails and the court transcripts!

    Who could object to transparency if it leads to improved protection of our children and identifies all the bad actors in this horrid tragedy.

  • FredRiley2 posted at 10:16 am on Mon, Dec 23, 2013.

    FredRiley2 Posts: 208

    john, I applaud your faith in the fact that the truth will come out. However, if the truth proves not to support your opinion, what then? If all the documents prove that the Freeh Report was correct, and even other wrongs are uncovered, will you and others that express your opinion, will you all relent? Will you all admit that you all were wrong? Or will you keep up the antics that everything that doesn't agree with your view is wrong??

  • johntratur posted at 11:24 pm on Sun, Dec 22, 2013.

    johntratur Posts: 79

    Bagwell's efforts along with others will bring an end to the charade and lies the Bought has perpetrated on anyone associated with Penn State.