BREAKING PENN STATE: AG Josh Shapiro Freaked out by Substitute Judge, Skulks Away, and Announces in Another “HUGE” Press Conference how he is “So Different” than Parks Miller

If you can’t see the flimsy layer of filth on this politician, than YOU ARE JUST NOT LOOKING HARD ENOUGH

INTRO/CREDIT: NEW CENTRE DAILY TIMES REPORTER BRET PALLACIO IS AMAZING!!! AT LEAST SO FAR….

Just when I thought the CDT was all but dead in the water, they bust out with this character Bret Pallatio, a young 20 something year old, and a budding (if I dare say) Wallace McKelvey. Pallatio stepped up the CDT’s game in complex legal/political reporting. I almost dreaded opening his article when it was posted, and when I finally read it I was flabbergasted.

The CDT was actually asking difficult questions. I scrolled quickly up to the top of the page, to see who was writing and make sure they hadn’t ripped it from the Associated Press. There it was: Bret Pallatio? That little 20 something year old guy? I’ve talked to Bret on the phone, he is digs into things in a subtle and calculating way, and is a better listener than he is talker, which made me found myself talking.

Pallatio did an astonishingly good job on this coverage, of Josh Shapiro.

THE BULLSHIT THAT WENT DOWN TODAY. JUDGE CARMEN PRESTIA (ELDERLY) GOT SICK AND A TOUGHER MORE STRINGENT TO THE LAW JUDGE LACHMAN STEPPED IN. SHAPIRO WET HIS PANTS

To get you up to speed, the Pennsylvania Attorney General Josh Shapiro is pulling some political stunts and grey-line ethical legal maneuvering in the Timothy Piazza case, a case he stated he didn’t want. And a case that Tom Kline fired off on Cantorna previously doubting he had recused himself due to a “conflict of interest.”

Today Josh Shapiro approached the press to assuage the Centre County public that he was being a politicking clone of Stacy Parks Miller. Shapiro wants his name no where near connected with that name.

  • The Pennsylvania Attorney General dropped the three most serious charges against former Beta Theta Pi brothers charged in connection with 19-year-old pledge Timothy Piazza’s death in February 2017.

Twelve former brothers are scheduled to appear at a preliminary hearing Wednesday and five of the 12 had three of the most serious charges — felony aggravated assault, first-degree misdemeanor involuntary manslaughter and second-degree misdemeanor simple assault — dropped.  CITATION

I have been screeching about this case being overcharged from the day the brothers were indicted. See my blogs: Piazza Case was OVERCHARGED, Just Like I told you , or CENTRE COUNTY: Beta Theta Pi – OAG Josh Shapiro Appeals Twice-Dismissed Charges. He BADLY WANTS Tom Kline’s Donations for 2020 Governor’s Campaign!!!! So after all of Centre County’s angry ranting in raving (and not just me but a number of people), Shapiro finally took it upon himself to respond to the noise. After all there is nothing that short little likes better than seeing his fake tanned face splashed across the national press. The most thrilling part of the job for Shapiro is not the power, it’s how famous it makes him. He just loves the attention. Had Josh Shapiro not been a lawyer, he would have been a reality TV star or in some position where you just get petted and stroked all day long.

SHAPIRO’S STRATEGY ON THE PIAZZA CASE CHANGES YET AGAIN, AND NOW HE SEEMS TO BE COPYING THE STRATEGY OF DISGRACED FORMER CENTRE COUNTY D.A. PARKS MILLER EXACTLY

First Shapiro thinks the case is too harshly charged, and drops charges. Then he has an abrupt change of mind and appeals charges that were dismissed and tacks on more. Then he has a third change of heart, yet again to decide to drop charges.

Today:

It was the second time Attorney General Josh Shapiro dropped the most serious charges against the brothers after accepting the case from Centre County District Attorney Bernie Cantorna, who cited a conflict of interest.  CITATION

SHAPIRO’S NEW PLAN? FOLLOW PARKS MILLER’S OLD PLAN EXACTLY. TRIVIA QUESTION FOR READERS: WHAT IS EINSTEINS DEFINITION OF INSANITY?

Tom Kline made a lot of money on the Sandusky civil case, millions. Now Tom Kline is out to set a new record. Penn State is a sitting duck for lawsuits, and Tom Kline wants to break his last numbers when he sued Penn State over Sandusky. This is potentially Tom Kline’s retirement. He has a lot wrapped up in this case, else his reputation concious, Plaintiff’s friendly, democrat would have never have appeared at the April 23rd discplinary hearing on Penn State.

SHAPIRO LAYS OUT A NEW STRATEGIC PLAN OF ATTACK, WHICH IS PRETTY “AMATEUR” AND “NON-STRATEGIC” – AND THEN HE BLATANTLY LIES AND MAKES EXCUSES FOR THE 180…. THIS LITTLE FAKE TAN MIDGET JUST CAN’T AVOID THE LURE OF A TELEVISION CAMERA

Shapiro’s wavering indecisiveness has seem to come to a screeching halt. He probably contacted his high donors at Penn State, and then chatted with Tom Kline to take on a strategy. He blamed his legal wavering on a “four month comprehensive review.” 900 people work for Josh Shapiro, it does not take that long (nearly) to review this case with that much manpower.

SO full of shit, this one is:

  • Shapiro also detailed his office’s new legal theory on Tuesday after a four-month comprehensive review.  CITATION

Josh Shapiro’s “four month review”, as well as his back in forth with appealing dismissed charges and then adding more, were because he was being pulled in eight different directions. Josh Shapiro wasn’t worried about the “justice of this case,” he was worried about the players. Players like the Penn State Board, or Tom Kline who will drop millions here and there on some politician who does him a favor.

So Shapiro probably had a sit down with Tom Kline, perhaps at the Ritz Carlton on broad street or in Kline’s living room, or some purposely mutual location, so as not to raise eyebrows about a Plaintiff’s lawyer and prosecutor colluding on case strategy. Case strategy and public relations that would be most beneficial to both the prosecution of these kids, and making Josh famous, as well as making Tom Kline filthy rich in another lawsuit against Penn State.

They thought long and hard about the strategy, and were particularly precise, which I appreciate, because now I get to respond. But before I respond to Shapiro’s office new 3.0 version of strategy, let’s take a step back and point out – yet again – what a tiny little wanker of a press Hog Shapiro is.

What kind of strategic trial attorney discloses his all out argumentative theory in the press? This is the least stragetic most press-hoggy thing you could do, and gave the defense a one up for sure. At least now they know what their clients are about to be hit with.

  • He said former Centre County District Attorney Stacy Parks Miller proceeded with a theory that primarily focused on alcohol, but his office will proceed with a theory focused on three key pillars.  CITATION

This is one of the rare, if not only, occurance that you have ever seen Josh Shapiro refer to Parks Miller by name directly. Usually he refers to her as the “former District Attorney,” or “former Administration.” Now that he is alert to the annoyed Centre County residents about this perpetual circus of justice (in front of their most respected judges), he is back pedaling. He wants to make it clear he is different from Parks Miller, because if he were to be like her, it would hurt his chances for the governor’s race in 2020.

He is now intentionally referring to her by name and intentionally putting her name in the same sentence as his name so he can argue how juxtaposed the two are. In reality the two individuals are really not that different. They both have a love of the press, and they both have political ambitions for greedy self-motivated reasons, in my opinion.

Tom Kline is likely regretting his appearance to testify on her behalf at the discplinary board. Shapiro is contemplating all the sychophantic emails he exchanged with Stacy, wondering whether or not he too could be caught up in all this mess, sucked down in a cyclone, just like Kathleen Kane. The lawyers are deeply nervous.

SHAPIRO 3.0: READ THE DETAILS OF HIS NEWEST “MASTER STRATEGY” THAT HE DISCLOSED PUBLICLY TODAY – TOTAL TRAINWRECK!!!

Some legal eagle informed me what Josh Shapiro was attempting to do was a form of “double jeopardy,” as in a Judge already ruled on the case, already ruled on the appeal, and on both instances those rulings were in favor of defendants.

Now enter Josh Shapiro, who wants to tell you why he is so different from Parks Miller, and so different that Judges should change their rulings on the facts and arguments of a case presented to them before.

Tom and Josh must have burned the midnight oil and paid Kline & Spector Associates massive overtime to come up with this horse shit. Their new strategy is laid out below. Josh’s prosecution will be different from Stacy’s in the following ways:

  1. ATTACK STRATEGY PART I (BY Josh Shapiro): “The first [difference] focuses on the defendants who planned or participated in the gauntlet or other alcohol-related hazing activities.” 

Yawn. ……

Show me the PA Code, show me another case – well, you can name a few in Pennsylvania sure… Mostly from crooked redneck universities like in the middle of nowhere that lacked the media attention and are still up in appeal.

Sure the anti hazing bill passed in the senate, and is pending a likely passage in the legislative branch, but from a very informed news source, I’ve heard that the predominant legal opinion is that these new “harsher” criminal charges for hazing, will be impossible to impose retroactively.

For a second point, many of the “Defendants” participating in the gauntles or hazing related activities were also minors who were acting during the willing commission of crime to engage is in underage drinking. So therefore, if Josh Shapiro’s logic prevails, wouldn’t these underage criminal defendants also be victims of hazing themselves, as they were ALSO hazed, and ALSO committing a crime by consuming alcohol before the age of 21? Can we charge the pledgemaster with involuntary assault for he hangover that this caused these other surviving brothers?

What a charade!

Let me try and break it down for you rationally, try and follow for a second….:

  • Consuming alcohol under the age of 21 is illegal
  • Hazing is an illegal practice that “brothers” willingly agree to when rushing and pledging fraternities
  • A person over the age of 18 is considered an adult 
  • Brother’s of fraternities are over the age of 18, but many under 21
  • An adult is free to make their own decisions, but some adults cannot drink
  • Piazza is an adult over the age of 18, but under the age of 21
  • Piazza willingly joined and rushed a fraternity while he was over 18
  • Piazza willingly and knowingly consumed alcohol during rush/hazing
  • Piazza died of his injuries, but some of the underage drinkers did not die
  • Piazza’s fellow pledge brothers went through the same gauntlet
  • Some (or all of these pledge brothers) were also underaged
  • Piazza is considered a victim of hazing
  • But the surviving brothers are considered criminal defendants, even though they were adults, illegally consuming alcohol and willingly entering into a fraternity as a consenting adult.

To break it down into the simplest form: Yes, we wore a condom, but the condom broke, and now she is knocked up. Who is responsible?

ANSWER?

Both parties.

  1. ATTACK STRATEGY PART II (BY Josh Shapiro): “The second focuses on the defendants who were aware Piazza suffered a fall.”

For my legal nerds, let me take a minute to enthuse you. Please don’t assault me because I am not a lawyer. Just a private citizen with “Google.” Pre-Requisite for non lawyers: The definition of men’s rea can be found by clicking HERE. 

If you don’t feel like reading that legal jargon, mens rea simply refers to what the “defendant was thinking,” and “what the Defendant was thinking when the crime occured.”

Therefore, if an Defendant was intoxicated during the commission of a crime, some states (like Pennsylvania) allow this in as a defense.

  • Mens rea is malliable and evolves as social traditions and society changes, it can be adapted to the norm. For example, the norm at Penn State was drinking: Redefinition of the kind and quality of mental activity that constitutes the mens rea element of crimes is a permissible part of the legislature’s role in the “constantly shifting adjustment between the evolving aims of the criminal law and changing religious, moral, philosophical, and medical views of the nature of man.” Powell v. Texas, 392 U.S. 514, 536, 88 S. Ct. 2145, 2156, 20 L. Ed. 2d 1254, 1269 (1968) CITATION

Voluntarily intoxication does not provide for complete exoneration, it falls into the category of mitigating or aggravating factors that contributed to the “defendant’s” mental state of mind when he committed a crime.

Let me give you an example that’s not full of this jargon: If I rob a store while I am high on crack, then my mental state of mind can be taken into account, particularly if there is a crack epidemic. It becomes part of the “shifting adjustment.”

If drinking to excess that often results in death is part of the Penn State “shifting adjustment” or “normality,” then these kids hazing a fraternity have a mental incapacity defense for their crimes, particularly if the offenders were under age and also being supplied alcohol.

Try not to fall asleep.

  • Commonwealth v. Gordon, 490 Pa. 234, 416 A.2d 87 (1980); Commonwealth v. Ingram, 440 Pa. 239, 270 A.2d 190 (1970); see Commonwealth v. Bridge, 495 Pa. 568, 435 A.2d 151 (1981) (collecting cases), it has often been recognized as so debilitating to an actor’s mental processes as to undermine his ability to form certain types of mens rea. Thus, many jurisdictions, including Pennsylvania, permit the introduction of voluntary intoxication evidence to negate the *141 mens rea element of at least certain crimes. See Commonwealth v. Bridge, supra (citing 18 jurisdictions and earlier Pennsylvania cases).  CITATION

Timothy Piazza was under 21 when he consumed alcohol. Timothy Piazza was engaged in the “commission of a crime.” So were his co-Defendants, who were also underage and consuming alcohol. You get my gist by now. It’s a logical circle, (or it’s an illogical in Josh Shapiro’s untrained criminal prosecutor mind to present). Either way it’s circle. Or circus? Oops. Did I just say that outloud?

  •  Commonwealth v. Tarver, 446 Pa. 233, 284 A.2d 759 (1971). The Court reversed itself in 1975, holding that, for pre-Crimes Code offenses, voluntary intoxication evidence could negate the mens rea element of any specific intent crime.  CITATION

So as far as I am aware, the anti hazing legislation passed the senate but not the house, and when it passes the house it will not retroactively apply. So to boil it down, when the brothers of Beta Theta Pi were “hazing” it was not yet a crime.

  • Commonwealth v. Graves, 461 Pa. 118, 334 A.2d 661 (1975). Meanwhile, the legislature had enacted the Crimes Code, effective June 6, 1973. The first version of the Code adopted the position of the Model Penal Code drafters, that “evidence of intoxication or drugged condition of the defendant may be offered by the defendant whenever it is relevant to negative an element of the offense.”  CITATION

If Shapiro and Kline shot heroin together and mugged a hooker, then their mental state could be submitted into defense. As in they weren’t knowing and acting with intent when they committed a crime. They were high on heroin. This defense is applicable to all cases in Pennsylvania except murder, per my novice understanding.

  1. ATTACK STRATEGY PART III (BY: Josh Shapiro): “The third focuses on the defendants who failed to render aid or seek medical attention.”

This one is easy, and I don’t even need to look up the legal complexities. Last year Corrine Penna’s dead body was found by the side of Plainfield in Ferguson township. Ferguson township ruled it an overdose.  Robert Moir admitted to finding the overdosed Decedent dead in his bathroom, he dumped her by the side of the road without calling police and was charged with a misdemeanor. He never did a day in jail, just rolled her out of the trunk of his white mercedes and drove off. And that is what these complex talking lawyers call “case precedent.” I’m too tired to do the logic here for you. CITATION

INSIGHT INTO SHAPIRO CLUSTERF*CK ATTACK PLAN 3.0. SPOILER ALLERT!!! HE IS MOVING IDENTICALLY LIKE PARKS MILLER

Shapiro is slightly (but only ever so slightly) reducing SOME charges, and appealing the dismissal of OTHER charges previously ruled on and dismissed before. He is doing it in front of the same Judge who made the same previous ruling, and essentially wasting everyone’s time:

  • Shapiro and his office are attempting to reinstate the involuntary manslaughter charges against five brothers who they say were aware before, during and after Piazza’s fall. Parks Miller charged 13 brothers with involuntary manslaughter and aggravated assault. Shapiro’s office charged five brothers with involuntary manslaughter and none with aggravated assault. District Judge Allen Sinclair dismissed the involuntary manslaughter charges against the five brothers on March 28. Shapiro’s office filed an appeal on Thursday and is seeking to reinstate the involuntary manslaughter charges against Brendan Young, Daniel Casey, Jonah Neuman, Gary Dibileo and Luke Visser.  CITATION

WHAT HAPPENS NEXT?

Well essentially the same thing is going to happen next. Basically Shapiro filed an appeal against the dismissal of some of these charges with a lower court Judge and will file an appeal to have that dismissal “overruled” by a higher court Judge.

So just like Stacy Parks Miller, he is taking nearly the identicall same steps in the criminal process. But Shapiro thinks he is more important than just a regular “county prosecutor,” since he is – after all – a “state prosecutor”, and because he is so “special” and “important” the results of him making the exact same steps that Stacy Parks Miller did will be met with a different outcome.

What is Albert Einstein’s definition of insanity? Repeating the same actions, and expecting a different result. Josh Shapiro and Stacy Parks Miller are not so different after all.

  • The appeal will go to Centre County Court of Common Pleas President Judge Pamela Ruest. It will be the second time she hears an appeal on Sinclair’s ruling. She previously ruled that Sinclair, “made a well-reasoned decision.”  CITATION

THE MATTER OF TIM BREAM, AN UNCHARGED PERJUROR WHO ALSO HAPPENED TO BE A PENN STATE FOOTBALL COACH LIVING IN THE HOUSE THE NIGHT PIAZZA DIED:

For either Shapiro or Parks Miller to prosecute a former Penn State Football Coach present in the residence during the night of the crime would be political suicide. All of the Penn State insiders would rage with the sting of the embarrassment that would unfold (yet again) in the national press.

Both Shapiro and Parks Miller relied heavily on Centre County and Penn State alumni for their potential donor bases. Both are democrats and Penn State (Centre County) is a pretty established blue county. So while they are willing to crucify the Beta Theta Phi Fraternity brothers in order to bask themselves in the national news spotlight, and curry favor with millionaire Tom Kline, they don’t want to piss off the wealthy political hotbed in the middle of the state.

While charging the brothers makes a tremendous scandal, charging former Athletic Coach and “house dad” Tim Bream would make that double a scandal. As in Penn State’s ruined reputation would be damaged even further, more irrevocably than what Sandusky already did to us.

  • Aside from the former Beta Theta Pi brothers charged, Tim Bream — former fraternity adviser and Penn State assistant athletic director/head football trainer — has been questioned by defense attorneys for his involvement. Bream was inside the house the night of Piazza’s fall. State College police detective David Scicchitano testified on March 27 and said Bream procured a bartender to come onto the fraternity premises to server alcohol to the fraternity members. Scicchitano also said Bream told him he was unaware of alcohol use on the premises. When asked if he believed Bream lied under oath about alcohol use at the fraternity, Detective Scicchitano said, “I believe he did.”  CITATION

So the detective believes he lied, and the community believes he lied, and I bet he did lie… I mean how does a noisey hazing ritual occur down the hall of a house you live on without you noticing intoxicated noise, fraternity brothers hooting and hollaring. I lived two blocks away and heard that noise.

Tim Bream was given all of the benefit of the doubt. Not only was he allowed to perjure himself on the stand, Parks Miller also (mysteriously) failed to motion to hold him in contempt of court when he violated a court ORDERED subpoena to testify in court.

There is no way that Josh Shapiro will touch Tim Bream, and no way that any of Tom Kline’s coercive opinions can influence that deliberate and strategic political move on either one of their parts.

SHAPIRO’S PEERS TOTALLY DISGRACE HIM AND HE IS AN UNFIT CANDIDATE FOR GOVERNOR, OR FOR THAT MATTER, ATTORNEY GENERAL

So ready and willing he is to crucify and comment recklessly on a pending criminal case against a bunch of 20 something year olds in the national spotlight. I don’t know if you have noticed, but people like Larry Krasner and Bernie Cantorna do not comment on pending cases unless it’s a threat to public safety. Larry commented on the Meek Mill case because he felt that the bail system needed an overhaul and posed a threat to public safety due to the mass incarceration numbers. Bernie commented on an overdose death, because he was worried about bad heroin floating around, stating he felt shooting up (even once) with heroin was like “playing russian roullette” because you never know what’s in it.

Both Krasner and Cantorna take to the public when they have a concern they want to address about public safety. The rest of the time they talk about their office in general, or they don’t talk at all. They just do their jobs, and respond to questions about pending cases with “no comment.”

For all the bad mouthing, and even the disclosure of his case strategy that Shapiro does, he was remarkably quiet on Timothy Bream.

  • Shapiro declined to comment on Bream’s involvement and possibility of criminal charges.  CITATION

Shapiro, as I have compared him before, is a kin to a daytime news television commercial, or door-to-door hard closing sales man.

Shapiro is all about the image, and he clearly lacks the substance. He’s messed with a pretty powerful county, now our role?

Make sure this midget never gets elected governor.

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