Saturday 17 December 2011

Penn State Officials Must Face Perjury Trial

HARRISBURG - Joe Paterno waited a day or more to report sexual abuse allegations to Penn State administrators because he "didn't want to interfere with their weekends."


Prosecutors revealed the delay and the former football coach's reasoning for it as they read his January grand jury testimony into the record Friday at a preliminary hearing for two university administrators accused of covering up the allegations and failing to report them to the authorities.


Paterno, in his brief testimony, said he did eventually relay the allegations against former defensive coordinator Jerry Sandusky to his immediate superior, athletic director Tim Curley.


Paterno said the allegations against Sandusky, a former subordinate who held emeritus status and had access to campus facilities after his 1999 retirement, put him in a "little bit of a dilemma" because he "didn't work for (him) anymore." Paterno said he figured Curley would handle the situation "appropriately."


Paterno appeared before the grand jury on Jan. 12 for less than 10 minutes. A member of the state attorney general's office staff played the role of Paterno in court Friday, but spoke faster and clearer than the nasal-sounding, Brooklyn, N.Y.-born coach.


Deputy Attorney General Marc Costanzo said after the hearing that prosecutors "expect to have testimony" from Paterno at the perjury trial of Curley and former university vice president Gary Schultz, but was unsure if the ex-coach would appear in person.


Paterno, who turns 85 next Wednesday, is battling lung cancer and was hospitalized last Sunday after falling at his home and fracturing his pelvis for the second time in five months.


"If we have to take other actions that are appropriate under the law, we'll do that as well," Costanzo said. "Of course, we hope he gets well."


McQueary said he had gone to a football building on the Penn State campus to fetch some video tapes. When he got there, he first heard “rhythmic slapping sounds” and then the sound of showers running. Then he saw Sandusky standing directly behind a boy in the shower. They were both naked and Sandusky had his arms around the boy at about waist level, McQueary said.


There is no question in my mind that I conveyed to them that I saw Jerry with a boy in the showers and that it was severe sexual acts going on and that it was wrong and over the line, McQueary, 37, told the court yesterday.


Neither Curley nor Schultz, who oversaw university police, reported the incident to law enforcement or attempted to learn the identity of the boy, identified in the grand jury report as Victim 2.


Curley, 57, and Schultz, 62, denied that McQueary told them about witnessing anal sex, according to the grand jury report. Curley testified to the grand jury in January that McQueary told him about Sandusky horsing around.






Schultz testified that McQueary reported disturbing or inappropriate conduct. Schultz was initially unsure about what he remembered McQueary told him and later conceded the report was of inappropriate sexual conduct, according to court documents.


Sandusky, 67, has been charged with more than 40 counts stemming from the alleged sexual abuse of 10 boys. He waived his preliminary hearing this week and prosecutors said his case will proceed to trial. Sandusky, under home confinement on $250,000 bail, denies the charges.


Caroline Roberto, Curleys lawyer, said her client will be acquitted at trial.


The question will be whether Mike McQueary has the credibility to overcome the perjury high level of proof that is necessary, she said at a press conference after yesterdays hearing. Curley testified consistently with his character, she said. He told the truth




Tom Farrell, Schultzs lawyer, said McQuearys actions after witnessing the alleged incident speak louder than his testimony.


Mike McQueary didnt call the police. He went home and consulted with his dad and a trusted adviser who also didnt call police, Farrell said. McQuearys actions and his fathers testimony yesterday point to some vague allegation of inappropriate conduct, and not the graphic incident the assistant coach testified to this morning, Farrell said.


McQueary, a graduate assistant at the time of the alleged incident, testified that he called his father, who then told him to talk to Paterno, whom Sandusky worked under for 30 years.


McQueary testified that he went to Paternos home to report what he had seen. He said he made it clear to Paterno that what he saw was sexual in nature, while not detailing the act explicitly or using the words sodomy or anal intercourse.




Paterno, 84, testified for seven minutes before the grand jury in January. He said McQueary called him on a Saturday morning to report the incident with Sandusky, according to a transcript of his testimony that prosecutors read into the record in Harrisburg yesterday.


I dont know what you would call it. Obviously, he was doing something with the youngster it was of a sexual nature. I didnt know exactly what it was,Paterno said, according to the transcript. I didnt push Mike any further because I knew he was upset.


Paterno said he reported within the week to Curley.


I called him and said, Hey we got a problem. and I explained the problem to him, Paterno testified.


Curley told the grand jury that Paterno called a meeting with him and Schultz at his home on the Sunday after the incident. Paterno told him an assistant had reported seeing two people in the shower and he was uncomfortable with the activity in the shower area, according to a transcript of Curleys testimony read during yesterdays hearing.

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