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PSU's request to delay McQueary lawsuit is denied

PSU's request to delay McQueary lawsuit is denied

HARRISBURG, Pa. (AP) A Pennsylvania judge on Thursday denied Penn State's request to put on hold former assistant football coach Mike McQueary's whistleblower and defamation lawsuit until related criminal cases are resolved.

Judge Thomas Gavin said the pending criminal matters ``impose no burden on Penn State'' because the university is neither a prosecutor nor defendant in the cases against former administrators Graham Spanier, Tim Curley and Gary Schultz.

McQueary, who testified in June that he complained to then-head coach Joe Paterno after seeing defensive coordinator Jerry Sandusky naked in a shower with a boy, is pursuing a civil suit against the school.

Gavin said Spanier, Curley and Schultz ``have no Fifth Amendment right to refuse to testify, nor need they fear that information gathered in this case can be used against them in the criminal proceedings. The focus in the criminal proceedings is what (the) defendants knew about Sandusky's improper conduct on the day they appeared before the grand jury or met with investigators, not the reason why McQueary was let go.''

Regarding the defamation claim, Gavin said the only issue is whether a statement issued by Spanier in support of Curley and Schultz defamed McQueary.

``Whether the criminal defendants were truthful in their testimony regarding what they knew about the incident McQueary observed and reported is factually and legally distinct from McQueary's whistleblower and defamation claims.''

Penn State spokesman Dave La Torre declined to comment, and McQueary lawyer Elliott Strokoff did not immediately return a message seeking comment.

Sandusky is serving a 30- to 60-year state prison sentence after his conviction for sexually abusing 10 boys.

McQueary testified at trial that he went to the team locker room late one Friday night and came across Sandusky in the shower with the boy in a sexually suggestive position. He said he heard a ``skin-on-skin smacking sound,'' and that the incident left him ``extremely alarmed, extremely flustered, extremely shocked.''

He told the jurors he believed Sandusky was anally raping the child. For that victim, one of 10 in the criminal case, Sandusky was convicted of several crimes but acquitted of the most serious charge, involuntary deviate sexual intercourse.

McQueary's lawsuit claimed Spanier's support for Curley and Schultz harmed his reputation, making him a scapegoat. He also alleges he lost his $140,000-a-year coaching job because of his cooperation with prosecutors. He is seeking reinstatement and back pay, among other things.

Spanier, forced out as president in the wake of Sandusky's arrest, remains a tenured faculty member but has been placed on paid leave. Curley, the school's athletic director, is on paid leave to serve out the last year of his contract. Schultz is now retired as vice president for business and finance.

The three face charges of endangering the welfare of children, obstruction, conspiracy, failure to report suspected child abuse and perjury, for an alleged cover-up of complaints about Sandusky.

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Rui Hachimura bluntly describes Wizards' defensive struggles this season

Rui Hachimura bluntly describes Wizards' defensive struggles this season

The Wizards didn't just drop their third straight to fall to 2-7 Wednesday night in Boston, but they again gave up an obscene amount of points. 

Washington fell 140-133, marking the fifth time in the first nine games in which they've given up more than 120 points. They've held an opposing offense under 100 twice. 

After the loss, Scott Brooks said the team's defensive issues started with the scouting report. Players weren't familiar enough with the Celtics' tendencies so when Washington needed a stop, they couldn't get one. 

Rookie forward Rui Hachimura put it a bit more bluntly. 

“From the beginning of the season, our defense has been no good," he said. 

With Hachimura, Bradley Beal and Isaiah Thomas, the Wizards shouldn't have any issue scoring this season. They have the sixth-ranked offense in the NBA, but the fact that they still have a -4.4 net rating is telling to how bad they've been on the other end.

The Wizards are in the midst of a rebuilding year. The goals for teams like these are to acquire young talent and hope they develop into foundational pieces. As important as obtaining talent is, building good habits can make or break a young player's development, especially in the age of the one-and-done.

They'll have to commit more to the defensive end if they have any hopes of putting multiple wins together. The question is whether they have the personnel to do it. 

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Capitals complete undefeated month, Ovechkin lets up on Niskanen and is Oshie the best shootout player ever?

Capitals complete undefeated month, Ovechkin lets up on Niskanen and is Oshie the best shootout player ever?

The Capitals have not lost in regulation in a month. With their 2-1 shootout victory over the Philadelphia Flyers on Wednesday, Washington extended its point streak to 13 games. The Caps have won 11 of their last 12 and have not lost in regulation since Oct. 14.

Check out Wednesday's game recap here.

Observations from the win

Panik is close

This was easily Richard Panik’s best game as a Cap. He had four shots on goal in the first period and six for the game. He had only seven shots on goal total in his nine games prior to Wednesday. He looked like one of the more dangerous offensive players for Washington and the third line actually looked offensively dangerous.

Now here’s the key, Panik has to continue playing like this. He can’t deliver a performance like this once every 10 games, this needs to be the new normal and not the exception.

Radko Gudas

Yeah, this game mattered to Gudas. He was far more aggressive in the offensive zone than we have seen him at any point this season. In the first period, he cut through the middle of the offensive zone and dangled the puck like a scoring winger. He nearly scored and that would have been a goal to remember.

No consistency by the refs

Slashing is called differently in today’s NHL than it was ten years ago. Heck, it is different than it was five years ago. Old-school hockey enthusiasts hate it, but whatever. It's fine. There’s not enough padding on the gloves and players get hurt from even innocent-looking slashes. It's better to have a few soft calls in the game than more broken fingers.

If you are going to call those light slashes as penalties, that’s fine, but you have to do it consistently. The issue is not that refs are calling too many slashes, it’s just that there is no consistency with those calls.

Jakub Vrana was called for a very light slash on Ivan Provorov in the second period. By the letter of the law, it was a slash. OK, they called it and that means that this is the standard you have now set. In the third period, Sean Couturier gave Wilson a whack in front of the net while he was battling for the puck. Ten years ago, no one would have batted an eyelash over it, t was just a light tap. But the refs set the standard with the Vrana slash, yet there was no call. You could see Wilson, he is used to having grown men throw their fists at his face, complain about what was a light tap to the refs. The severity of the slash was not the problem, consistency was.

That’s the frustrating part. It’s not that the Vrana slash was called, it’s that the same standard was not kept throughout the game.

Ovechkin on Niskanen

In the second period, Alex Ovechkin had Matt Niskanen square in his sights. The commentators on the broadcast praised Ovechkin for following through on his hit even though it was against his former teammate. I hate to disagree, but it sure looks to me like Ovechkin could have ended Niskanen with this hit. I’m fairly certain Ovechkin took something off this, but you be the judge:

Eastern conference

The Caps have played only eight games against the Eastern Conference in their first 20. In those eight games, Washington has not lost a single one in regulation and now has a record of 7-0-1.

Turning point

After the first period, this looked like it was going to be an easy win for the Caps who were completely dominating. After two periods, it looked like Washington would have to settle for a narrow victory. Then Nic Dowd toe picked in front of Matt Niskanen and fell into the former Caps’ legs. As happens in hockey, one bad penalty call quickly turned into a goal as Claude Giroux scored on a 2-on-1 to tie the game.

That was the difference between a regulation win and a shootout win on Wednesday for Washington.

Play of the game

There were a number of great saves by Holtby as the Flyers began to tip the scales in their favor after the first period. This one stands out as the best as Tyler Pitlick thought he could spin and tuck the puck into the far-side of the net, but Holtby was able to turn him aside with the toe.


Stat of the game

T.J. Oshie is not just one of the best shootout players in the league, he is the best shootout player ever.


Quote of the game

Holtby does not say much after games. He talks about shutting everything out and focusing just on his play. He does not get excited for shutouts or overly down on himself after bad games. His entire focus is helping the team win.

One reporter asked Holtby if playing in a game like Wednesday's is more fun because of how he has to push himself when the oppositions' goalie plays so well. Holtby's answer reflects how much respect he has for Philadelphia's Carter Hart.

"Yeah it is. Especially when it’s a guy that’s fun to play against obviously. Connections in different ways. Being Western Canadian, I root for those guys. It was fun. It was fun to see him play really well and it was fun to compete like that."

Fan predictions

Gudas and Holtby were closest. Gudas was buzzing and nearly scored in the first period. Holtby allowed only one goal and was 13:45 away from the shutout.

The Caps as a team could not muster two goals against Hart so that streak is now over.

Ovechkin fell just a bit shy of scoring the 224 goals he needed to pass Gretzky’s record on Wednesday. Oh well, there’s always Friday’s game.

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