Editor’s note: This article contains graphic content.
UPDATE, 3:40 p.m. -- Both Curley and Schultz will head to trial in charges of perjury and failure to report abuse, a judge ruled at a preliminary hearing Friday afternoon.
After a recess, the afternoon session included readings from the grand jury testimonies of Paterno, Curley and Schultz.
Upon hearing from McQueary, Paterno said he "knew inappropriate action was taken by Jerry Sandusky with a youngster.” The former head football coach said he told McQueary he would relay his concerns to the "right people."
"I figured Tim [Curley] would handle the situation appropriately," Paterno said in his testimony.
Paterno was unaware of any other situations involving Sandusky and young boys, according to his testimony.
According to their testimonies, both Curley and Schultz were unaware of a 1998 University Police investigation involving Sandusky.
Curley's testimony revealed that he relayed information about the shower incident to then-Penn State President Graham Spanier. Curley did not follow up to try to determine the identity of the boy involved, he said in his testimony.
"At the time, I don't recall if there was a discussion to go to law enforcement," Curley said in his testimony. "I don't remember any reports to me that it was sexual in nature."
Schultz said in his testimony that he "didn't get the impression something criminal was going on in the shower."
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The commonwealth called it’s first witness of the day – assistant football coach Mike McQueary. McQueary testified for over two hours regarding what he saw and how he reported it.
McQueary spent most of his directed testimony describing what exactly he saw in the Lasch Building locker room in 1998 and what he did afterward. McQueary said he heard two or three rhythmic, slapping sounds while in the locker room that night.
After peering in the shower three separate times, McQueary said he was almost certain that what he was “severe” and “sexual” in nature. He described, in detail, Sandusky standing behind a young, pre-pubescent boy. McQueary said they were both naked.
He continued, saying he saw Sandusky with his hands around the young boy’s waist. He said he didn’t know what to do.
“I believe Jerry was sexually molesting him and having some type of intercourse with him,” McQueary said. “Based on the positioning, I did not see insertion nor was there screaming or yelling. I don’t know 100 percent sure that there was intercourse. But that’s truly what I believe.”
McQueary testified that after he peered in and saw Sandusky, both Sandusky and the boy made eye contact with him. After long discussion, McQueary and his father, John, decided that he should notify his direct supervisor – Joe Paterno.
John McQueary later corroborated this story during his testimony.
McQueary then went on to testify about what steps he took following the incident. Namely, he said he went to Paterno, and then met with Tim Curley and Gary Schultz. Schultz, at the time, was the Vice President of Business and Finance, the position that oversees the University Police.
While McQueary said he reported what he saw in the shower to be of a sexual nature, he said that he never used the words “sodomy” or “anal rape” out of what he called, “respect.” However, he said he is sure he described the situation as “extremely sexual.”
During cross-examination by Caroline Roberto, the Pittsburgh-based attorney representing Curley, McQueary described what happened following his notification of Paterno, Curley and Schultz. He said Curley told him that The Second Mile was notified of the situation and that Sandusky was told he was not allowed to bring children into the locker rooms anymore.
When Tom Farrell, Schultz’s attorney, questioned McQueary, he asked graphic and detailed questions, admittedly to test McQueary’s recollection. Some, he was able to answer. Some he was not. McQueary said he was not able to tell if Sandusky had an erection because he “was not staring.”
McQueary said he was only glancing at them for a few seconds.
He continued, saying that after he had the initial meeting with Schultz to discuss what he saw, he never heard from him again about it.
After McQueary testified, former Director of University Police Thomas Harmon was called by the prosecution to testify. He was directed mostly to speak on behalf of Schultz’s role as the overseer of University Police. ]
Harmon said Schultz oversaw budgetary issues involving the police and was occasionally notified about serious crimes that may have taken place on campus. Harmon said Schultz was aware of a 1998 investigation of Sandusky involving a boy in the shower – and investigation that was unfounded.
Harmon also testified that Schultz never notified him of the incident reported in 2002.
After Harmon stepped down, John McQueary, Mike’s father was called to testify as well. John corroborated Mike’s story regarding what happened the night that he saw Sandusky in the Lasch Building showers allegedly performing sexual acts with a young boy.
John said he also met with Schultz to notify him of what happened with Sandusky and what Mike saw in the shower. John said Schultz was the appropriate person to contact.
Following his testimony, Shannon Manderbach, a court reporter testified for the purpose of the entrance of the grand jury testimonies of Paterno, Curley and Schultz.
The last witness to be called was Agent Anthony Sassano of the Pennsylvania Attorney General’s Office. Sassano said he determined that the incident that McQueary reported in 2002 was never reported to police or Child and Youth Services in Centre County.
