I think there is a reason PSU is settling prior to the S/C/S trials - Below is the testimony of the OAG's forensic computer guy -
Link to transcript:
http://www.dauphincounty.org/govern...013 Preliminary Hearing Transcript 1 of 2.PDF
Page 83 - Direct Examination of Braden Cook: (emphasis mine)
Q: Now, did you do a review of the information that was obtained relevant to Graham Spanier?
A: Yes, I did.
Q: Could you describe that for the Court?
A: On the initial information that we received for Graham Spanier, which would have been the desk top computer and several other items, I reviewed both the files and the email that was contained on those systems. It was noted that the email box that was received contained no emails.
Additionally, we reviewed items that were contained on the archive from 2007. And several email boxes for Mr. Spanier were identified under two different email addresses. One was
president@psu.edu and one was
GSpanier@psu.edu.
Both those email boxes did contain emails. The emails on that system ranged from 1995 through 2007.
Q: There were emails as far back as 1995?
A: Contained on that system, yes, and those were in the Eudora email boxes.
Q: Were any of the emails that I just showed you, specifically Commonwealth's 23 and Commonwealth's 19, were either of those emails contained in that system?
A: They were not.
__________________________________________________________________
Page 89 - Cross examination of Braden Cook by Ms. Ainslie:
Q: I'm Elizabeth Ainslie, I'm here representing Graham Spanier. I am a complete novice at computers so please bear with me.
A: No problem.
Q: Now I have been laboring under the impression that Penn State gave me that there were no emails retrievable from before 2004 or 2005. Am I hearing you right that you say that's wrong?
A: In the original email box that was collected, which would be the present up to the time that it was collected. In the present email system, there were no emails in that email box.
Q: Okay
A: However,
there was a backup that we received on July 2, 2012 (note: This was after the "leak" of emails on June 29, 2012 as reported in multiple news outlets -
http://ac360.blogs.cnn.com/2012/06/29/sandusky-e-mails-revealed/?hpt=ac_bn6 or
http://triblive.com/home/2130810-74...terno-penn-allegations-attorney#axzz2dHUkniXR)
Q: Who gave you that if I can ask?
A: That was from Penn State. It was a taped backup system that was identified. I believe in a closet, was the information I had. It was then sent out to a company called Reclamere and they restored that to a hard drive.
We received that from Penn State on July 2, 2012, and that was a year-end back up from 2007 for the administration.
And there were email boxes on there that contained email from 2007 and prior.
Q: You know nothing more about the providence of this additional collection of emails other than you got it from Penn State?
A: They turned it over subsequent to the subpoenas.
Q: Okay.
A: That's all I know.