BREAKING: new Michigan AG report on MSU investigation reveals many more MSU staff, athletic trainers, and doctors were told of concerns surrounding Nassar, failed to report
This is a pretty damning report, folks. It goes into greater detail than previously disclosed, including victims saying they reported to previously undisclosed staff, including athletic David Jager in 2015 and at least two to Dr. Brooke Lemmen
According to AG, one young girl and her mom told Lemmen in 2012 that Nassar's treatments made her uncomfortable. "We get that a lot," Lemmen reportedly responded.
Also in report: Kassie Castle assaulted by Nassar from 2004-2010, tells Dr. Brooke Lemmen she was uncomfortable with treatments b/c was "causing her to bleed"
AG's office says more than a dozen investigators and detectives worked on this investigation
Other big headlines: AG's office finds "no credible evidence" to back up Erika Davis' allegations that she was raped by Nassar in '92 and that former Trustee George Perles tried to cover it up. "In fact we, found no credible evidence to support them."
550 witnesses interviewed by AG's office for this investigation. Nassar was interviewed by AG's office, but "remains defiant and unrepentant." MSU did help with some interviews w/ employees, but insisted on having MSU attny sit in on those interviews
Investigator says MSU attnys would interrupt questioning of employees, cut off some questions. Almost 500,000 pages of documents reviewed.
During interview with Nassar, became clear that his "remorse in the courtroom was a farce" and that case against him "should have been handled as a medical malpractice case." Insisted all of his "treatment" was done for medical purpose, not his own pleasure
To be clear, Nassar specifically admitted in court to there being no legit medical purpose for these treatments. Nassar told AG's office he only pled guilty b/c he lost support from community after police discovered child porn
"The biggest fight was how open MSU was going to be," investigator says, noting that Trustees asked for this investigation and vowed cooperation. "The big contention was their invocation of attny/client privilege."
Forsyth says they asked trustees if they'd be "less liberal" or waive the attny/client privilege for redacted, withheld documents, and they were told no.
AG's investigation asked court to force MSU to give them the documents, but MSU filed a motion to quash the search warrant - for an investigation the TRUSTEES ASKED FOR
In filing, they acknowledged that thousands of documents were being withheld or redacted. Judge has ruled some of those documents weren't privileged, which MSU is currently contesting.
Forsyth says, "if you make a mistake, just admit it, learn from it, move on. I kept waiting for that to happen. But the decision to hire a private law firm to do investigation made it almost impossible ever to find out what happened."
Forsyth goes back to how trustees hired Patrick Fitzgerald's firm to both investigate and defend MSU. "If they're gonna take that position, fine, but then don't say you're gonna cooperate. It's made it extremely difficult."
"To publicly say they're gonna cooperate" is disingenuous. "I think their biggest concern was the reputation of the University. Everything tried to protect that."
If MSU doesn't waive attny client privilege, then "we're never going to know" everything, Forsyth says. He's not expecting new criminal charges, but can't rule it out.
Forsyth believes they hired private law firm in order to claim attorney/client privilege. "It's pretty frustrating when you hire a firm, they do an investigation, and then they tell you we don't have a report."
Report finds at least 11 people have been identified as employees at MSU who were told of concerns of abuse. At least two (trainers) are still employed there.
Names of women who say they told an MSU employee in this report: Kyle Stephens, Larissa Boyce and 2nd youth gymnast, Tiffany Thomas Lopez, Christie Achenbach, Jennifer Bedford, Jill Berg, Kassie Castle, Shannon Dunn, Catryina Brown, "young girl," Amanda Thomashow, Kelle Sajdak
MSU employees who were reportedly informed of concerns regarding Nassar in report: Gary Stollak, Kathie Klages, Destiny Teachnor-Hauk, Heena Shah Trivedi, Lianna Hadden, Kelli Bert, Tony Robles, Brooke Lemmen, Dr. Lionel Rosen, Rebecca Cass, Jeffrey Kovan, David Jager
Kristine Moore conducted 2014 Title IX report that cleared Nassar. Moore was promoted, still works for MSU. "We believe she simply made a mistake. She's not a trained investigator," but should have consulted outside experts rather than w/ 3 of his colleagues
Forsyth also says Moore didn't "convey clearly to those doctors" what Thomashow told Moore that Nassar had done. Wasn't that Moore didn't take complaint seriously, he says, but may have "deferred" to Nassar's expertise
On Dr. Brooke Lemmen, Forsyth says it's not totally clear what she knew and what she didn't.
While several current/former MSU employees are listed in this report as having possibly known, not all are facing criminal charges. "Some said they don't remember, somebody said they can't remember." Can't go into detail about why some weren't charged
Forsyth says they tried to talk to Erika Davis, who alleged conspiracy against MSU employees and George Perles. "He didn't deserve to have his reputation ruined over something like that if it wasn't true," he says.
Davis names field hockey coach Ludwig, who was interviewed by Forsyth, and they confirmed what Ludwig told Michigan Radio: she has no memory of any of Davis' allegations, Nassar, etc. Nassar wasn't even a doctor yet when Davis says she was abused by him
Of criminal charges against Simon, Klages, Strampel, Forsyth says he's very confident in the strenght of his cases against them.
Forsyth says MSU has "lectured to me as if I was a first year law student about attorney client privilege" during this investigation. "If you're gonna ask somebody to come and investigate and say you're gonna cooperate," then "you can't have it both ways."
All MSU had to do was say "investigate us, find whatever you're gonna find and turn it over to the public," Forsyth says of private firm hired to investigate MSU. Forsyth says trustees must "just admit you screwed up here and take whatever steps you need to take."
Asked where the investigation will go now/what's next: Forsyth is leaving, but other investigators still working on documents, court battle continues over MSU not wanting to disclose other documents, and prosecutors gearing up on criminal prosecutions
Emails, text messages are most of what MSU is claiming are protected by attny/client privilege, investigators say.
MSU gave them 40k pages of documents at first, but investigators found out about it "because they released that number to the media first," but many of those pages were unrelated policies: dress code, tornado drills.
Other documents are severely redacted. "The vast majority of it was worthless and it was things we hadn't asked for. The intent was to publicly portray cooperation" while actually trying to delay, obstruct investigation
There's a palpable feeling of frustration from investigators regarding trustees, Engler. "Just as a layman, looking at it, that was always my reaction: just come out with what happened here and move on. They could still do that," he says.
Investigators found several instances where "some people don't understand attny client privilege" and believed that by "merely copying an attorney" on an email, it will make it privileged." It doesn't.
One investigator says, "I'm an MSU grad, it's a bit different for me than for other people" to see the school fail, "and continue to fail. It's certainly, disappointing is a soft way to say it."
As an alum, "you want to see the university get past this," but until changes happen, she worries that the school won't get past this and certainly survivors won't be able to.
Forsyth echoes frustration, disappointment. Asked if the cultural issues persist among leadership, trustees of "circling wagon" continues, Forsyth says "yes, I do believe that."
Asked what he would tell survivors who are frustrated that MSU can't be forced to do more, Forsyth says you can't get around attorney client privilege - so long as MSU continues to insist on it. "That's their call to make."
David Dwyer, investigator, interviewed Nassar at Eaton Co Jail. "We wanted to know who he told, and who knew about his victimization, and what if any info could help us," he says.
"We found a person who was still defiant and wanted this to be a medical malpractice consequence rather than being held criminally liable," Dwyer says.
Nassar did talk about discussing his methods w/ others, "but he denied any type of criminality." Dwyer can't disclose other details. "I think he's a liar. He lied in court."
All members of Board of Trustees were interviewed, investigator says. But MSU's "strategy was, circle the wagons. Every trustee toed the line, including those who publicly advocate for the survivors" and weren't as forthcoming as they expected them to be.
Interim MSU President Engler was not interviewed. "We did not deal with the president, we dealt with the board and we dealt with their attorneys." Only contact w/ Engler was courtesy call about criminal charges for Strampel, Simon
To survivors, Forsyth says he'd like to apologize for what happened to them, "and sorry that we may never find out what happened" entirely b/c of MSU stonewalling.
Here's a link to the AG's report. It's not a final or full report, office says, b/c investigation is still ongoing and criminal cases are still proceeding. michigan.gov/documents/ag/M…
Some 280 survivors were interviewed for this investigation, investigator says
Who are they MSU attnys who are stonewalling, Forsyth is asked? "Chief counsel Bob Young, let's start there. The ultimate decision to invoke privilege starts there." Trustees have their own attnys, then there's Miller Canfield, Skadden Arps, internal and local counsel
Major takeaways" MSU is still stonewalling AG's Nassar investigation, despite actually asking AG to investigate and publicly stating that they want to cooperate. "We may never know" everything that happened, AG's office says.
