New Paraguay leader faces mounting regional outcry

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Number of victims persuaded Sandusky jurors

MSNBC's Ed Schultz talks with Jeff Herman, an attorney who specializes in representing sexual abuse victims, about the difficulties the victims in the Sandusky case would have had in stepping forward with allegations.

By Wes Oliver, Special to msnbc.com

ANALYSIS

Friday night was not a good night for the Penn State community but you couldn't tell it from the atmosphere outside the courtroom.?

Jerry Sandusky was convicted of the overwhelming majority of the child sex abuse counts of against him. The verdict revealed that the jury believed the account of every of major witness the prosecution presented. There were only three verdicts of 'not guilty' in the 48 counts Sandusky faced.?

---

Each of the not-guilty verdicts revealed that the jury trusted the witness presenting the evidence but thought his account failed to satisfy the elements of one of the crimes.?

One of the three not-guilty verdicts involved Mike McQueary's testimony. The jury concluded that McQueary's testimony that he observed Sandusky and a boy in the shower did not establish, beyond a reasonable doubt, actual sex had occurred between Jerry Sandusky and an unidentified boy in the shower.?

McQueary himself testified that he was not sure what he saw but inferred that sex had occurred from the circumstances. The jury's conclusion perfectly mapped with McQueary's own testimony.

Pennsylvania Attorney General Linda Kelly speaks outside the courthouse in Bellefonte after Jerry Sandusky was found guilty of child sex-abuse.

The jury's conclusion that McQueary observed indecent assault and unlawful contact with a minor demonstrated that the jury believed McQueary saw something improper and illegal, but not necessarily actual sex, as he admitted.

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The two other not-guilty verdicts involved victims who described inappropriate contact in showers with Sandusky.

The jury found that Sandusky sought sexual gratification in his interaction with each of the victims. The descriptions each of these victims offered were somewhat vague. The jury therefore concluded that the actual touching they described was insufficient to establish a crime beyond a reasonable doubt.

The jury nevertheless concluded that each of these victims had established that Sandusky's motives in his interactions with them were sexual in nature and convicted him of unlawful contact with a minor, endangering the welfare of a minor, and corruption of a minor.

?The eight witnesses demonstrated a range of credibility. Ultimately the jury concluded that all of the victims were credible but carefully examined their testimony to see if it established the crimes alleged.

It is entirely possible that no single victim could have prevailed in the he-said, he-said conflict in this case. But the victims reinforced one another. The odds that they were all lying were too remote for the jury to conclude anything other than they were all telling the truth.

Outside the courtroom, a cheerful crowd applauded the verdict, lawyers for the prosecution and the police investigators.? We as a society should never applaud having to punish one of own, even when the punishment is fitting. Beyond the crowd's unseemly response, such an atmosphere threatens to undermine our system of justice. Subsequent juries in high profile cases will know how they will be received if they render a verdict that meets with society's approval.? More substantially, they may fear the public reaction if its will is thwarted by 12 of its citizens.

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Report: High oil prices driving the shift away from gas drilling

The oil and gas industry is leaving states like Colorado to invest in oil production in states like Texas and North Dakota, due to the strength of crude oil prices compared to natural gas, according to a new report by Headwaters Economics.

The report was released this week at a news conference in Grand Junction.

Researchers analyzed Colorado's oil and natural gas industry including production volume and value, drilling activity, and the role of energy production in the state's economy.

Headwaters is a nonprofit, independent Montana-based organization that researches issues important to the West, concerning energy, planning, natural resources, tourism, recreation and public lands.

The report found that Colorado's oil and natural gas industry is performing in line with national trends and has recovered a significant share of pre-recession drilling activity, particularly on the Front Range due to the availability of oil and natural gas liquids.

?We looked at six Rocky Mountain states, including Colorado,? research economist Mark Haggerty said. ?The big take-away is all industry activity is driven by price. There's been a big shift between natural gas and oil prices. Oil prices are high so the industry is reducing its investments in natural gas and leaving states for Texas and North Dakota,? where there are proven oil fields.

Researchers looked at both the fossil fuel and renewable energy industries to determine changes that have occurred and how that has affected the economy.

Oil and gas extraction in Colorado accounted for 1 percent of employment in 2010, although the report did not break that statistic down by county. Employment with the industry is more significant in Mesa and Garfield counties.

The report found Colorado has strong competitive advantages in the renewable energy sector, and investment could be important for diversifying the state's economy and energy portfolio. ?Green jobs,? of which renewable energy is a part, accounted for 2 percent of all employment, according to the Brookings Institute.

The report also showed that Colorado's effective tax rate is lower than most energy-producing Western states, meaning Colorado collects less tax revenue than its peers. Colorado will collect $700,000 less from each new well compared to Wyoming, the state with the highest effective tax rate.

Geology, the price of oil and gas, and available technology is what drives industry decisions on where to invest, the report found.

?So we don't see taxes affecting where the industry goes,? Haggerty said.

David Ludlam, executive director of the Western Slope Colorado Oil and Gas Association, disagrees.

?The thrust of the report is the time is right to raise taxes on the industry,? Ludlam said. ?We believe the opposite. All of the industry pays their fair share. We do, and more.?

Colorado not only has a lower tax rate than most of the other Western states, it also ?takes the longest time to collect revenue, with the last revenue coming 13 months after the end of the three-year production period. By comparison, North Dakota and Montana collect revenue within one to four months after the production period ends,? the report states.

Colorado's revenue from resource extraction is more volatile than in other states due to its low tax rate and longer collection lag period, Haggerty said.

?We think that has consequences for communities that need to have [money] to mitigate impacts, and benefit from the resources,? Haggerty said.

Headwaters Economics does not lobby or support legislation.

?Our goal is to promote information and discussion on these important issues,? Haggerty said.

The full report can be viewed at http://headwaterseconomics.org/energy/western/colorado-oil-and-gas/.

ssullivan@gjfreepress.com

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