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Kate Wells @KateLouiseWells
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MSU on the #NCAA letter....JUST as we are resuming back here in court for Nassar's sentencing.
Here's the NCAA letter to MSU athletic director:
End of NCAA letter to MSU:
We are back in court. Before the judge's sentence, the prosecution has a chance to speak, then the defense.
Angela Povilaitis, the lead prosecutor on this case from the Michigan AG's office, is speaking. "The ripple" of Nassar's actions "is infinite," she says.
"But we know that his access to children didn't end...until one investigative report and one brave woman" came forward, Povilaitis says. "He penetrated women and girls' vaginas and anuses...he had erections...he asked 11 yr old to tell him if they were on their periods."
"Children who were prepubescent...children whose parents sat mere feet away," Povilaitis says. "The defendant is a twisted, beloved renowned doctor...leaving many of them shattered...by a man they not only trusted, but also loved."
"He tried to manipulate the police department in his interviews. He even tried to manipulate your honor and this court through his pathetic letter, all while knowing the truth," she says. "In competitive gymnastics, he found the perfect place for this manipulation."
"In gymnastics, these young girls...hide their pain," she says. "It takes some kind of sick perversion to not only assault a child, but to do so with her parent in the room. To do so, while a line up of eager young gymnasts waited at Twistars to see the gymnastic god."
His own family was upstairs as he abused Kyle Stephens in the basement at age 6. His own family sat upstairs while he "treated" gymnasts in his own basement countless times. It was "the thrill that he might just get caught. But he was a master," she says.
"No coach should be in a shower with a boy," but Nassar had a perfect defense: he was a doctor. "The trust he could garner from not only being a doctor, but an Olympic doctor, who treated these young girls' heroes."
"In doing so, he made each of his victims feel special. As Kassie Powell said, the defendant hid behind olympic medals and Spartan green and white," the prosecutor says. He often knew the victims' parents, some of whom were police and doctors
"He believed he was untouchable," she says. "He performed no healing, only hurt, with so many heartbreaking stories of mistreatments, misdiagnosis...which has resulted in lifelong injuries," Povilaitis says.
Many of these survivors wonder if their injuries could have been treated, if he hadn't wanted "access to their young bodies....I've often wondered: did he really think he was going to get away with this? Abusing so many for so many years? No patient, no child was safe."
"Maybe he did think he could beat the odds. And you know what, for years, he did. What that did to Kyle Stephens, to Jessica Thomashow," she says, listing more victims. "History gave him guidance for the future. Every time there'd been an allegation, nothing happened.
"He was believed over these children: Larissa Boyce, Tiffany Thomas, Amanda Thomashow," she says, listing others. "To know your truth, to be called a liar not only by your abuser...what does that do to a person? Adults who were supposed to protect you & could have made it stop."
"With each time he got away, he was empowered" to abuse more, she says. "It shouldn't take finding 37k pornographic images...and investigative journalism...and one brave women," she says. "But thank god...they exposed this truth."
Without Rachael and those reports, we wouldn't be here, Povilaitis says. "As I reflect back, a college course on grooming behaviors, why victims delay" and other things have played out.
What does it say that victims have to hide their pain, she asks, for years "when they did nothing wrong...when they're automatically met with skepticism and doubt? What do we take away from this? These have been important narratives to hear," Povilaitis says.
"I have a few takeaways," she says. "The first is we must start by believing...children, regardless of who the perpetrator is...research shows false allegations are slim...that how a victim is treated...can protect other victims."
Yet, Povilaitis says, there are people in this very community who are saying these women are in it for the money and attention. "Are you kidding me? After 150 graphic, raw, visceral statements, how can anybody believe that?"
Perhaps the 2k people who voted for Nassar for school board, she says. Perhaps those who signed a petition coming to Nassar's defense, and continued to do so for months. "I hope and pray that they're watching, and that they've learned their lesson,"
"The second lesson I've learned is that anyone can be a perpetrator. He cheated parents and the community and the world of the trust they had in doctors, Povilaitis says. Experts talk about how abusers have three personas: the public, the private, and the secret one.
Nassar had a perfect persona, she says: the kind, goofy guy, the olympic doctor, a religious man who ran for school board. He never charged for services and saw victims everywhere. "But Nassar's third hidden persona...is he's possibly the most prolific child predator in history."
"People came to this defense. They believed he was the man he wanted them to see, not the monster hiding underneath. As a society, our response can't be: he couldn't do this. Or, 'I know his character,'" Povilaitis says. "This is how he got away with it for so long."
The third takeaway from this week: "Delayed reporting of child sexual abuse" isn't rare, she says. Kids often don't know what's wrong. "Predators groom their victims and families. This is so confusing to so many. He was nice, gave them sweets, trinkets, broke rules for them."
The 4th takeaway: "WE must teach our boys and girls to speak up...it's easier to not cause waves," than make people uncomfortable, she says. "We need to teach them to continue to speak up until someone helps."
Another takeaway: "Police must take on difficult cases, regardless of who the perpetrator is...police must also start be believing," and not wait until they have "the perfect case," she says. "We need investigative journalists more than ever."
"Without that first @indystar story in 2016...he would still be practicing medicine," Povilaitis says, pointing to Nassar. "Let that sink in. Right now, he'd be at his office...not far from this courtroom on the MSU campus, abusing children."
"WE know federal law enforcement didn't stop him," and neither did trainers or other adults who'd been told. "I'm proud of the work of the MSU PD...there's no more supportive police chief in this country than MSU PD Chief Jim Dunlap."
"Dt. Lt. Andrea Munford is not only a smart, hardworking" detective, Povilaitis says, she's the best in the country.
"It's worth remembering once again that it was one woman who came forward first. And when she did, she was ridiculed...they believed him over her, because of who he was purported to be," Povilaitis says.
"Nassar sentenced these little girls to prisons" of fear and doubt, Povilaitis says. "They had to overcome these obstacles on a daily basis for the rest of their lives....but this process of support in this courtroom...helps bring healing," she says.
Povilaitis is now thanking Aquilina for allowing everyone to speak. "What we have witnessed here...is beyond my wildest dream," she says. It's unprecedented. The support from the judge will be remembered long after, she says.
"Over 150 women and girls had the courage to walk into this courtroom, most...to be identified to the world as a Nassar victim," she says. Povilaitis is now thanking those victims, her voice choked with tears. "We believe you & always have. You are our heroes."
We've seen both the worst and the best of humanity in the last few days, Povilaitis says. How one voice can start a movement. "You saw strong, brave, fierce survivors come here...there's no doubt he would have continued to abuse unabated for the rest of his life," she says.
The "army of survivors" that has been created, has echoed across the world. Kyle Stephens' quotes have been put on posters at women's marches across the world: "little girls don't stay little for long." 5 days ago, the world didn't know who she was.
This case must be a turning point in how our society looks at abuse, Povilaitis says. "The same they've carried for so long...must be shifted to where it belongs: right on him," she says, pointing to Nassar.
"The fact that the women led the investigation, the prosecution team, and that now three female justices have sentenced Nassar, is poetic," Povilaitis says.
We have watched them transform from victim, to survivor, Povilaitis says. But we're here for Nassar's sentencing, she adds. "He assaulted them...for his own sexual gratification...using a process he honed and perfected. Until these brave women brought it all down.'
Povilaitis is done. The defense has a chance to speak now. Nassar is moving towards the microphone. He looks like he may make a statement.
Nassar is going to make some remarks that he's prepared, his attorney tells the court. Now the attorney Matt Newburg is speaking: "He has an absolute right to a zealous defense...to counsel. And while some may disagree...this is what our constitution permits."
"This is not about us. This is not about Larry, this is not about this legal team," Newburg says. "But I will tell you, the anger and hatred they expounded on," was heared. They got an email today wishing death on their kids, Newburg says.
"I'll tell you that Larry is sorry for what he's done, but we're aware these words fall woefully short" for victims, Newburg says. "Sadly, one of the many tragedies in this case...is the pain is not residing with Larry, but instead by the 100 plus women who addressed him."
"But an apology is not going to be enough," Newburg says. "Larry's soul is broken...his tears are more frequent and his conversations are more somber. He saw the pain, hurt and anger on your faces."
"He realizes that what he's feeling is nothing compared to the pain and hurt" of victims, Newburg says. "I can assure you that your words have pierced his soul." Nassar is now about to speak.
"Um, your words these past several days, your words, have had a significant emotional effect on myself and has shaken me to my core. I also realize what I'm feeling pales in comparison," Nassar says. "There are no words." Sobs.
"I will carry you words with me for the rest of my days," Nassar says. Audible sobbing is coming from the courtroom and survivors. "Sir, I hope that's true," Aquilina says.
"I agree with your words as to regards that no one should blame the defense council," Judge Aquilina says, adding that doing anything to their kids, their cars would be a crime. "Please respect their job. It's a difficult one. I know I've been in their shoes."
"I also want to say, that being said, we also have the 1st amendment, so you are all free to have your own opinions," Aquilna says, adding that's it's always a balancing act.
Judge Aquilina says 2 out of 3 assaults go unreported. "Keep your voices up. Rachael's voice, and all of your voice," Aquilina says. For kids under 12, one in 10 will be abused by the time they're 18, she says.
"Become part of the army," Aquilina says, referring to victims who haven't reported. "I'm not special, I'm doing my job," she says of praise she's received in press and social media.
"I'm not really well liked because I speak out. I don't have many friends because I speak out," Aquilina says, to quiet laughter in the courtroom.
Aquilina says she's considering all 150-plus survivors in her sentence.
Judge Aquilina says despite requests, she's not going to release Nassar's letter, because there's things in there "with regards to the victims" that troubles her. "But I do want to read some more," she says of the letter.
The letter helped her determine whether she believes Nassar's apology or not. "Let me begin: 'the federal judge went ballistic at sentencing...and spent 10% on the federal case and 90% on state cases...she gave me 60 yrs instead of 5-20 yrs," Nassar's letter reads.
"The prosecutor even admitted that I never belonged to any porn sites...was not on the dark web, and also, they could not prove I viewed it. It was all deleted of course. I shared my electronics, and of course, couldn't prove that," Nassar's letter reads.
"What I did in the state cases was medical, not sexual, but because of the porn I lost all credibility," which is why he pled guilty, Nassar says in his letter. 'So I'm trying to avoid a trial to save the stress to my community, my family...yet look what's happening. It's wrong."
"I was a good doctor, because my treatments worked and those patients that are now speaking out were the same ones that praised and came back over and over," Nassar's letter reads. "The media convinced them that it was wrong and bad."
"Hell hath no fury like a woman scorned," Nassar letter reads. There are gasps from the court. "The media is sensationalizing this," and the AG would only accept a plea if he said this wasn't medical. "They forced me to say that," he says.
"I was so manipulated by the AG, and now Aquilina, and all I wanted was to minimize stress to everyone," Nassar's letter reads. There is actual laughter in the court.
"The FBI investigated [my Olympic treatments] in 2015 because nothing was wrong," he says. "Now they're seeking the media attention and financial reward," Aquilina says. "Would you like to withdraw your guilty plea?" "No, your honor."
"Because you are guilty, correct?" Aquilna asks. Nassar pauses for one, eternal second. "I've said my plea," he says. Aquilina continues: "there's no medical evidence that was ever brought," she says.
Aquilina says at the beginning of this case, she thought, "well maybe there's a medical treatment," behind Nassar's actions. "So up until the time you pled, I believed that maybe there was a defense here...I was ready for trial. Your counsel was ready for trial."
"You, sir, decided to plea because there was no medical treatment. You did this for your own pleasure...this letter tells me you've still not owned what you did. That you still think you're right, you're a doctor...and that you did treatment. I wouldn't send my dogs to you, sir."
"Inaction is inaction. Silence is indifference. Justice requires a voice. And that's what happened in this court. 158 buckets of water were placed on your so-called 'match' that got out of control," Aquilina says.
"There has to be a massive investigation as to why there was inaction. Why there was silence. Justice requires more than what I can do on this bench," Aquilina says. "I want to also applaud all of the counsel in the AG's office."
She also wants to applaud defense counsel. "You've done fine work. You're made me proud of our legal system...it's the only way our system works. WE need a balance."
"I've also done my homework, I always do," Aquilina says, referring to a 2009 case in which it says: "plainly, the law does not limit victims impact statements to direct victims," Aquilina reads. "I have found nothing that limits me from hearing ALL of your victims."
This was all part of the plea deal that you entered into, Aquilina tells Nassar. "When it comes down to it, I know [you agreed] also because this was signed" by Nassar, she says, referring to the plea deal.
"Aside from the letter that you wrote, a couple months after your plea, which tells me you still don't get it, there's still something I don't understand: sir, you knew you had a problem. That's clear to me. You knew you had a problem from a very young age," Aquilina says.
Nassar could have taken himself "away from temptation," Aquilina says. "You could have gone anywhere in the world to be treated. You could have gone to any resort...no one had to know, you could have gotten treatment. You would have if you'd had cancer."
"But you decided not to address whatever it is inside of you...that causes you to be a sexual predator. So your urges escalated. And based on the numbers we know go unreported, I can't guess how many children you actually assaulted," Aquilina says.
"Your decision to assault was calculated, precise, devious, despicable," Aquilina says. "You can't give them back their innocence, their youth. You can't give a father back his life, or return a daughter to a mother. You played on everyone's vulnerability. I'm not vulnerable."
"I know exactly what to do. At this time I'm going to do it, and I want you to know that as much as it was my honor and privilege to hear these sisters survivors...it's my honor to sentence you. You do not deserve to walk outside a prison again," she says.
"I will honor the agreement, and what 's been requested of me. I want you to know that I'm not good at math...but I have a cheat sheet. It's my privilege on counts 1, 2, 5, 8, 10 and 18 and 24 to sentence you to 40 years," she says.
"If somehow you survive the 60 years in federal prison...sir, I'm giving you 175 years...I just signed your death warrant." There are tears, gasps in the crowd.
"You remain a danger," Aquilina says. So Nassar's sentence will be 40-175 yrs, which fits with the plea agreement. "You'll receive jail credit" on some counts for 369 days. "If you are ever out, which is doubtful, you'll be required to register as a sex offender."
"You will pay restitution based on whatever amounts are submitted...and your attorneys can ask for a restitution hearing," she says. "I'm leaving restitution open as long as these victims have medical issues," Aquilina says. Again, sentence is 40-175 yrs.
Nassar is dry eyed. There are tears in the courtroom. "Judge, he doesn't have any money to pay court costs and fines," defense attorney Matt Newburg says. "The victims deserve the money. The county will survive one way or another," Aquilina says.
Nassar will receive medical and mental health treatment, individual and group counseling, Aquilina says. "I read an article that you were treating people in prison. Sir, you don't have a license," she tells Nassar. "You have 21 days to appeal," she says.
Aquilina says she won't be making any statements to the media, despite requests. "It's just not my story," she says. After the appellate hearing, with victims by her side, she might answer more questions, Aquilina says
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