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Austin Scott files lawsuit against Penn State
Oct-20-2009 2215 0


A former Parkland High School star football player removed from Penn State's team two years ago amid rape allegations has filed a federal lawsuit against the college, prosecutors and his accuser alleging they destroyed his chances for an NFL career.

Austin Scott's lawsuit claims authorities should not have filed the charges, which were eventually dropped, because they knew his accuser, Desiree Minder of Pottsville, had previously made false rape allegations against a student at Moravian College.

South Whitehall attorney John P. Karoly Jr. filed the multimillion-dollar lawsuit Tuesday in federal court in Williamsport, and it was posted to the court's online database this morning.

Karoly, who has succeeded in winning multimillion-dollar awards against Lehigh Valley police departments for excessive force claims, promised two years ago he would file a suit on Scott's behalf. At that time, Karoly compared the investigators to "lynch mobs." Scott is black and his accuser and the prosecutors are white.

Just as Karoly has attacked the inner workings of police departments, the lawsuit raises questions about the motives of the prosecutors and Penn State University Police Force investigators and questions the abilities of their supervisors.

The case was ready to go to trial and a jury had been selected in October 2008. But the prosecutors dropped the charges when the judge decided evidence could be presented showing the woman had a pattern of making such allegations. Four years earlier, she had accused a Moravian College student of rape. A Northampton County jury acquitted him.

In the lawsuit, Karoly says the accuser told Centre County authorities "within the first two minutes" of a conversation that she had been raped before. The lawsuit claims authorities and the accuser all conspired maliciously to go forward with the prosecution, violating Scott's civil rights.

Karoly claims the main prosecutor in Scott's case, Centre County Assistant District Lance Marshall, pursued the case to "to curry favor" with Scott's accuser.

The suit further claims Centre County District Attorney Michael Madeira knew of Marshall's "proclivities prior to the unlawful arrest and prosecution of Austin Scott."

Marshall resigned from his job in December amid allegations he made inappropriate sexual advances toward a victim of domestic violence, and Madeira is seeking re-election, according to the Centre Daily Times.

Marshall and Madeira, as well as seven members of Penn State University's police force involved in the investigation, are named individually as defendants.

The lawsuit says they all conspired in the October 2007 arrest of the then 22-year-old Scott and, as a result, diminished his potential "earning capacity" in the NFL.

The lawsuit claims Scott was slated to be a third- or fourth-round draft pick for the National Football League prior to the false allegations and false arrest, which prompted his removal from Penn State's team.

Scott was one of the greatest high school football players in the Lehigh Valley's history, leading Parkland to a state championship in 2002. His career at Penn State was mixed, partly because of injuries, and is remembered mostly for fumbling in the red zone in a game against Michigan. He was removed from the team after the female student accused him of raping her in his campus apartment Oct. 5, 2007. Scott said the sex had been consensual just as the man at Moravian College had four years earlier.

Scott has not played a full football season since.

Last year, Scott was invited to attend the Cleveland Browns training camp and played in the preseason games. But he was cut from the roster before the NFL's regular season.

Scott, 24, of East Stroudsburg, remains an unsigned free agent.

His attorney, meanwhile, is on trial for money laundering and mail fraud charges in federal court in Allentown.

The case revolves around allegations that Karoly tried to avoid paying taxes by creating a nonprofit organization.

Karoly pleaded guilty in July to willfully filing false tax returns and not paying income taxes on $5.2 million.

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Tobias Salinger May-26-2015 604 0
Trameka Pope of Wendell Phillips Academy High School in the Bronzeville area overcame homelessness and prospered at her school despite giving birth to her daughter just days before her first day of freshman classes, WFLD-TV reported.

The cheerleader and National Honor Society member works at a local supermarket and takes courses at Kennedy-King College, but she’ll be attending Western Illinois University in Macomb on a scholarship next fall, according to the TV station.

The bright young woman told WFLD that one of her teachers once told her she was a waste of time and she wouldn’t amount to anything. But Pope wasn’t going to let that or her rough circumstances in an area the latest census data shows is marked by 25% unemployment stop her, she said.

“I didn't give up,” Pope said. “I pushed myself hard. And my baby motivated me every day because I wanted to provide for her and I also didn't want to be a statistic.”

If she graduates from Western Illinois, where she told WFLD she’ll be studying social work, she’ll be among the less than 2% of teen moms who graduate from college before the age of 30.

Dawn Jackson, Pope’s SGA Youth and Family Services caseworker, offered a simple explanation for Pope’s success.

“No matter what background you come from, no matter if you have a child as a teen, no matter what people say to you, you can make it and you can become something,” she said.

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BILL HUTCHINSON May-25-2015 348 0
Homicide detectives are investigating the death of legendary bluesman B.B. King after two of his daughters claimed he was poisoned.

An autopsy was performed on King’s body over the weekend and Las Vegas police confirmed Monday that homicide detectives are probing “The Thrill is Gone” musician’s death.

King died on May 14 in Las Vegas at the age of 89.

His daughters, Karen Williams and Patty King, are accusing their father’s business manager, LaVerne Toney, and his personal assistant, Myron Johnson, of killing him, according to documents their lawyer provided to The Associated Press.

The daughters allege Toney and Johnson poisoned their father, according to the documents.

Las Vegas police Lt. Ray Steiber said Monday that homicide detectives are investigating King’s death.

Fudenberg said King’s body was returned to a Las Vegas mortuary after the autopsy.

A memorial procession for King is planned for Wednesday in Memphis, Tenn., in which his casket is expected to be driven down famed Beale St., where King got his start in show business and garnered the nickname “Beale Street Blues Boy.”

King’s daughters, Toney and Johnson all declined comment.

The family and King’s assistants had been feuding even before King died.

In November, Patty King filed a police report in Las Vegas against Johnson and Toney, who had power of attorney over King’s affairs.

Patty King accused the assistants of abusing her father and pilfering up to $30 million from him. She also charged they were withholding B.B. King’s medication and swiped two Rolex watches from him valued at $25,000.

In April, a Nevada judge rejected Karen Williams’ petition to take control of her father’s affairs from Toney.

The family also claimed that Toney refused to let them see King in hospice during his final days.

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ap May-25-2015 182 0
A woman accused of having tied a man to a bed, doused him with a flammable substance and set him on fire before fleeing in his van was later arrested in a neighboring county, authorities said.

Christina Leach, 27, is charged in Cumberland County with aggravated assault, arson and theft, according to police and court documents.

Police in Silver Spring Township said the man, whose name wasn't released, told them that a woman offered to give him a massage in his home Saturday.

"She tied him to the bed and poured a flammable substance on his upper torso and lit him on fire," Sgt. Leroy Hippensteel told reporters at a news conference Saturday evening.

Investigators said he managed to free himself and jump out of a second-story window, then drove to a convenience store to call for help. He was flown to Lehigh Valley burn center, where his condition wasn't immediately available, Hippensteel said.

Fire crews quickly put out the blaze in the home, officials said.

Sgt. Gabriel Olivera of the Harrisburg police department said Leach was arrested in Harrisburg in Dauphin County on Saturday night in a white work van reported stolen from the Cumberland County home.

Hippensteel told PennLive.com in an email that Leach also faces charges in Dauphin County and is being held at the Dauphin County Prison.

Court documents didn't indicate she had a lawyer, who could comment on the charges; a listed number for Leach couldn't be found Sunday.

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Nicole Hensley May-25-2015 579 0
A pastor decorating for a Memorial Day sermon was wounded in the first of two drive-by shootings in Hartford, Conn., on Sunday.

The 6:30 a.m. shooting left Rev. Dr. Augustus Sealy, 54, with three gunshot wounds to the shoulder and leg outside First Church of Nazarene, where authorities found him lying in the street, according to the Hartford Courant.

He had been planting flags in the grass for his church’s Memorial Day sermon when a black Nissan Altima slowed down to fire about seven shots before speeding off, a witness told authorities.

“It’s very sad,” Marthe Simpini told WFSB-TV. “If a pastor can’t be safe, I guess we can’t be safe either.”

Sealy, a resident of Shrewsbury, Mass., is listed as serious, but stable condition at a local hospital, the Courant added.

Rev. Sealy had been planting small American flags along the grass outside the First Church of Nazarene when he was shot on Sunday morning.

The shooter slowed down to attack Rev. Augustus Sealy, 54, early Sunday morning as he prepared for Sunday’s sermons.

Authorities found Rev. Augustus Sealy, 54, in the street after being shot three times outside the Hartford Church of Nazarene.

A note on the church’s website asked its 220 members to keep the pastor and his family in their prayers.

The second shooting reported only 15 minutes later left another man wounded with several gunshot injuries, though it’s not clear if the encounters are related.

The second victim is 27-year-old Robert Jones, of Hartford.

"A Sunday morning shooting at this hour is rare. For two to come in is an anomaly," Hartford Deputy Chief Brian J. Foley told the Courant.

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AP May-24-2015 226 0
Hospital officials say a Jacksonville teenager with liver cancer who went to her high school prom with an NFL player has died.

Wolfson Children’s Hospital spokeswoman Cindy Hamilton told The Florida Times-Union that 18-year-old Khameyea Jennings died Thursday.

Earlier this month, Jennings went to her prom with Jacksonville Jaguars defensive tackle Sen’Derrick Marks. He drove the couple to the Frank H. Peterson Academies of Technology prom in his Lamborghini.

Dreams Come True of Jacksonville had approached the Jaguars about the prom invitation, and Marks said he jumped at the chance to make a difference in Jennings’ life.

Jennings’ mother said the teen enjoyed the opportunity to attend prom without having to worry about her cancer treatments.

Jennings was diagnosed with cancer in May 2013.

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Melissa Chan May-24-2015 704 0
The acquittal Saturday of a white Cleveland cop for firing the final blasts of a 137-shot police barrage that killed two unarmed blacks ignited outrage and protests.

Demonstrators seething over the acquittal of Officer Michael Brelo, 31, flooded the streets following the verdict — leading to several arrests.

As darkness cloaked the city, groups of protesters clashed with officers in riot gear.

Demonstrators also got into a raucous fight with patrons at a downtown restaurant.

Three people were led away in handcuffs and charged with felony assault and aggravated riot, authorities said.
A fourth person was charged with assault after throwing an unknown object through a window — injuring a female patron.

By early Sunday, at least nine people were arrested, including a reporter for the Northeast Ohio Media Group.

Brelo, 31, was the only one of the 13 officers who opened fire in November 2012 to face criminal charges — and a Cleveland judge found him not guilty in the bench trial.

Prosecutors charged Brelo unloaded 49 shots, including a 15-bullet fusillade while standing on the hood of the car and blasting through the windshield at victims Timothy Russell, 43, and Malissa Williams, 30.

Brelo wept, held his head in his hands and occasionally made the sign of the cross as Judge John O’Donnell found him not guilty.

The shooting followed a 62-car, 100 mph chase that one prosecutor said looked like a clip from the movie “The Blues Brothers.” The chase was triggered in downtown Cleveland after cops reacted to what they believed was a gunshot, but was instead Russell’s Chevy Malibu backfiring.

For more than 20 miles, the phalanx of cops chased Russell’s 1979 Malibu. The officers unloaded on the vehicle after finally cornering it.

Russell was shot 23 times, and Williams was struck by 24 bullets. Neither victim was armed. Inside the vehicle, investigators discovered a crack pipe.

Russell’s family blasted the judge’s decision.

“Fleeing is not grounds for death,” read the family statement. “The exoneration of Officer Brelo speaks to a complete disregard for the extreme and unnecessary force meted out against some American citizens who happen to be black and brown.”

More than 200 angry but mostly peaceful protesters immediately took to the Cleveland streets, some carrying signs asking, “Will I be next?”
The demonstrators marched through the city’s downtown — at times squaring off with cops.

Three protesters were handcuffed and taken into police custody near Quicken Loans Arena.

Officers held up pepper spray as protesters surged towards those who had been arrested, but tensions quickly cooled.

Racial tensions in Cleveland were already strained by the killing six months ago of Tamir Rice, a 12-year-old black boy shot to death by a rookie white cop. The preteen was carrying a pellet gun.

“This verdict is another chilling reminder of a broken relationship between the Cleveland police department and the community it serves,” said U.S. Rep. Marcia Fudge.

Cleveland community activist Carole Steiner agreed: “Police murder people of color and not have to serve one day in jail.”

Russell’s sister, Michelle, called for peaceful protests and stressed the ruling was not the final word. “He’s not going to dodge this just because he was acquitted,” she said. “God will have the final say.”

But the U.S. Justice Department may get a crack at the case first. A review of evidence in the state trial could lead to a federal civil rights prosecution of Brelo, who was facing 22 years in prison before being cleared of voluntary manslaughter.

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TOBIAS SALINGER May-24-2015 694 0
An anonymous racist sent a hate note to an African-American family in Long Island, telling them “YOU DON’T BELONG HERE.”

Ronica Copes, 37, a resident of Lindenhurst in the town of Babylon, found the typewritten, all-capital-letter message in an addressed envelope in her mailbox on Thursday afternoon, she told Newsday.

“ATTN: AFRICAN-AMERICAN FAMILY,” begins the letter, which she later posted to Facebook. “THIS IS COMING FROM LINDENHURST COMMUNITY.”

“LINDENHURST IS 84% WHITE POPULATION. YOU DON’T BELONG HERE!!! PLEASE LEAVE LINDENHURST AS SOON AS YOU CAN. IT WILL BE BETTER FOR ALL OF US.”

“FIND THE TOWN WHERE THERE ARE MORE PEOPLE LIKE YOU,” the note ends, according to WCBS-TV. “SORRY IF THIS IS RUDE, BUT IT’S THE TRUTH.”

Suffolk County Police are investigating the correspondence as a possible hate crime, according to Newsday. Copes has lived in her house with her mother, her two siblings and five nieces and nephews since September 2013, but she told the publication that she hasn’t experienced any racism firsthand in the community.

Copes’ mother Darcell told WNBC-TV has jolted the family,

“I went from being fearful, protecting my family, to being totally confused, and wanted to know who and why,” the elder Copes told the TV station. “Today, it becomes even deeper: is it someone in the school district, is it the guy at the corner store, is it my neighbor down the street? Where?”

A dozen elected officials from Lindenhurst and Babylon, including Babylon Town Supervisor Rich Schaffer and Lindenhurst Village Mayor Tom Brennan, condemned the letter in a statement released on Friday afternoon.

“The best way to fight bias is with solidarity and we stand with all of our residents in declaring that there is no place for this type of intolerance and hatred in the Village of Lindenhurst, the Town of Babylon, or anywhere in our community,” the officials said in the statement. “We are, and always will be, a strong diverse community that does not cede ground to hostility, ignorance, or hatred, wherever it may appear.”

The younger Copes told the local newspaper that the family has no plans to leave the south shore Long Island town, which has a population of 27,000 that is just over 84% white and nearly 2% black, according to census figures.

“We feel a great deal of fear, but it subsided a little now because, I have to say, there has been a great outreach from a lot of people,” Copes said.

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DEBORAH HASTINGS May-23-2015 198 0
A Cleveland cop accused of fatally shooting two unarmed people in a 137-shot barrage of police gunfire is not guilty of voluntarily manslaughter, an Ohio judge ruled Saturday.

Michael Brelo, 31, was one of 13 officers who unleashed a hail of bullets into the couple's car during a high-speed chase in November 2012, killing Timothy Russell and Malissa Williams.

Prosecutors said Brelo reloaded his gun after they were no longer a threat, mounted the car's hood and fired 15 rounds into the windshield.

Brelo wept as the long judge's ruling was read Saturday and at times crossed himself and held his head in his hands. After being declared not guilty, he hugged his attorneys in the crowded courtroom. The verdict capped a four-week trial that ended on May 5.

Groups of angry protesters stood outside the courthouse shouting "No justice, no peace" and "Hands up, don't shoot," after the hour-long verdict was read. Sheriff's deputies with riot shields flanked the building. But there were no reports of violence and Mayor Frank Jackson admonished residents that demonstrators who crossed the line "cannot, and will not, be tolerated."

"I will never trust Cleveland police again," said Alfredo Williams, the female victim's brother.

Russell, 43, and Williams, 30, were each shot more than 20 times in less than eight seconds. The chase began after officers in a patrol car mistook the sound of the couple's car backfiring for gun shots on Nov. 29, 2012. More than 60 squad cars chased the man and woman for about 20 miles.

Steve Loomis of the Cleveland police union said he hoped residents would respect the ruling.

Five other officers were indicted on lesser charges of dereliction of duty and are awaiting trial. There were no weapons found in the couple's car.

The controversial shooting is one of several noted in a 2014 U.S. Justice Department report that showed the Cleveland Police Department has a pattern of using excessive force.

"The officers, who were firing on the car from all sides, reported believing that they were being fired at by the suspects. It now appears that those shots were being fired by fellow officers," the report said of the fusillade of bullets.

The ruling follows a year of outrage and demonstrations over police violence towards unarmed black people in Missouri, New York, Baltimore and another Cleveland shooting involving 12-year-old Tamir Rice, who was shot to death by police after he was seen playing with a gun, which turned out to be a toy.

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May-23-2015 760 0
A Brooklyn teacher who was arrested in 2011 on charges of drugging and raping a middle school student is demanding that the city let her keep her teaching job, according to a new lawsuit.

Claudia Tillery, 45, argues in papers filed in Manhattan Supreme Court that she was acquitted of all criminal charges in April 2014 and the Department of Education’s hearing officer improperly used sealed evidence, DNA tests and the prosecutor’s testimony to toss her from the teaching post she's had since 1996.

The hearing officer, Haydee Rosario, said the acquittal does not excuse Tillery for “conduct unbecoming” her position because the evidence proved that she allowed the student into her home without the permission of his parents or school administrators, took him to the Atlantic Motor Inn multiple times and gave him $500 cash.

Rosario also faulted Tillery for not telling administrators or the student’s parents that he had stolen her daughter's laptop, a camera and her phone from her apartment.

“Such failure, I find, not only constitutes conduct that is prejudicial to the good order and discipline of her service but, most importantly, sheds light about the true nature of her relationship with Student A,” Rosario said.

The student told investigators that Tillery did not disclose the theft because she was afraid it would cause him to disclose the sexual conduct that they had had for two years.

In her papers, the teacher said it was arbitrary and capricious of the hearing officer to consider evidence that was sealed as a result of the acquittal and to hear directly from Assistant Brooklyn District Attorney Lisa Nugent.

"The hearing officer credited Student A's testimony in its entirety ... regardless of the numerous inconsistencies," according to papers Tillery's lawyer Stacey Van Malden filed in Manhattan Supreme Court.

Rosario said prior court decisions have permitted hearing officers to consider evidence normally sealed after acquittal in criminal charges, in part because the standard of proof is lower in disciplinary proceedings.


Claudia Tillery, 45, argues she was acquitted of all criminal charges in April 2014.
via Facebook

Claudia Tillery, 45, argues she was acquitted of all criminal charges in April 2014.


"This is not a 'he said, she said' case where my determination hinges on my credibility findings," Rosario wrote.

"In this case, the record is replete with evidence, including the DNA analysis report that corroborates the credible account given by Student A."

A former student at the Stephen Decatur School in Bedford-Stuyvesant, the student testified that he and Tillery had oral sex and intercourse in her bedroom and a hotel room that she rented on multiple occasions.

A DNA analysis determined no semen on her bedroom comforter but one stain on it had vaginal fluids and saliva that contained both their DNA, according to court papers. Tillery suggested that the student came in contact with the comforter one day when it was in the hamper in her laundry room.

Rosario said the student's testimony was "candid, detailed, consistent and coherent" and is corroborated by other evidence.

For example, she said, the student said he had taken three videos of his sexual encounters with Tillery but erased them when his older brother found them on the phone. A school aide testified that she saw such a video when it was shown in school by the student's older brother and reported it to administrators.

Finally, Rosario said she rejected Tillery's defense that the student was manipulative and made her interact with him more extensively than she should have.

"Her defense of 'he made me do it' reasoning, that Student A, a minor entrusted to her care, caused all of her misery that she endured during her criminal trial and during this disciplinary proceeding, serves to demonstrate why termination of her employment is the only appropriate penalty in this case," Rosario said. -- Barbara Ross

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