Blue White Illustrated

LAST WORD TIM OWEN | OWEN.TIM.BWI@ G M A I L . C O M Another obstacle for O'Brien B ill O'Brien barely let the reporter finish the question. "Any impressions about the lawsuit filed yesterday and how that might affect the program?" asked Genaro Armas of The Associated Press. "Nope," O'Brien responded, and onto the next question. O'Brien's response was more succinct than rude. It was an inevitable question, and he surely understands the responsibilities that international wire service reportage entails. But the no-nonsense head coach simply had zero interest in talking about the matter, even if it is the biggest story surrounding the Penn State football program right now. And even if it's not going anywhere soon. On May 30, the Paterno family and some of its staunchest supporters filed a lawsuit in Centre County court against the NCAA. Among the six alleged torts: breach of contract, civil conspiracy, defamation and commercial disparagement. It's a whopper of a suit, and the Paternos have the financial backing to see this one through for a while. Of course, that's if they receive standing. But even with the news of the lawsuit overtaking the headlines in Happy Valley, you're not going to catch O'Brien talking about it, at least not with cameras and voice recorders rolling. He met with a dozen or so beat writers before the Coaches vs. Cancer charity golf tournament the day after the Paternos filed suit, and the question had to be asked. But this lawsuit interferes with O'Brien's primary focus, which is the current program: his coaches, his players, his recruits and his team. That's what he likes to concern himself with, and he was happy to answer questions about that. It was no comment, however, when it came to the Paternos and their lawsuit. Publicly, maintaining silence is a smart choice by O'Brien. Who knows what's going to come of their latest effort? The uncertainty at this stage of the game is absolutely overwhelming. And commenting now – positively or negatively – is a slippery slope. The outcome of the case could result in O'Brien's dream. It could eventually release the shackles that restrict his team to 65 scholarships and no postseason play, allowing him to recruit on a level playing field for the first time in his head coaching career. (Imagine the number of fourstar prospects he could recruit if that were the case.) Ideally, that would be the outcome that the Paternos would probably choose, too. No matter how divided the fan base is on this lawsuit, that result is something all Penn Staters could agree upon. Then again, the Paterno lawsuit could fall flat on its face and turn out to be a cloud that hangs above O'Brien's program for a couple years or more. Some legal experts say the Paternos' lawsuit will never get standing in the courts, while others say that if it does, it will be a long battle. A 15round slobberknocker, rather than a first-round KO. "As much as the NCAA would maybe like to get out of the case with a settlement, I don't think they want to open a precedent of every time they sanction a school, the state government can come in and try to bully them," NCAA legal guru John Infante told NBCSports.com. "So I think the NCAA is going to see this process to the end." Even Paterno family lawyer Wick Sollers told Bob Costas that "it will play out over a long period of time." That can't be good for O'Brien's here-and-now. While the Paternos scrap and claw toward restoring Joe's reputation – and likewise try to repeal the NCAA sanctions, $60 million fine and seek compensatory and punitive damages that they would donate to charity – reminders of the scandal will continue to appear. Which will only make O'Brien's job more difficult. With each piece of breaking news about the Paterno lawsuit comes a photo of Jerry Sandusky and the Nittany Lion logo. As unjust as it might seem, the images are conjoined, especially in the national media. Together, they rekindle memories of a scandal that most people – Penn Staters and outsiders alike – simply want to forget about. It also appears at this early stage that the odds are against the Paternos in their legal challenge. Infante said the NCAA's "catch-all rule," which allows its executives to act in the "best interest of college sports," will help the organization as it mounts a defense. And that leaves Penn State with a difficult question: Is it worth dredging up unpleasant memories for the potential benefit that would result if the penalties were to be reduced or overturned? Sure, O'Brien was civil when he was asked about the lawsuit before the golf tournament, but this is an ongoing story. What about the next development, which in this saga can be a matter of only days? If he's asked about it in the middle of the season, or in recruits' homes, the topic is bound to grow old. They're the kind of questions O'Brien would rather not concern himself with, but as long as the legal case continues, they will hover over the program until its completition. And they will pose challenges that no other coach in the country will have to confront.

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