Editor's note: This article contains graphic content.
Correction appended: June 15, 2012.
2:45 p.m. Friday -- Judge John Cleland said he received a question from the jurors regarding counts 36 to 40, or those in connection with the person referred to as “Victim 8.”
The jurors asked Cleland to reread his charge that he gave to jurors on Thursday prior to when they were sent into deliberation.
The man called "Victim 8" did not testify that he was abused by Jerry Sandusky, because he has not been identified. Instead, a janitor, Ronald Petrosky, testified that he had seen Sandusky in the locker room with a young boy one night and one of his co-workers, Jim Calhoun saw Sandusky engaging in oral sex with the boy.
Cleland said the jury needs to have other evidence in addition to the testimony given by Petrosky in order to come to a guilty verdict on these counts in particular, because his testimony is hearsay.
Petrosky's testimony was admitted into evidence under an exception called "excited utterance," meaning Calhoun was understood to still be in shock when he told Petrosky what he had seen and was unlikely to have had time to embellish the story about what he witnessed.
Cleland said the jury may, however, come to a guilty verdict based on circumstantial evidence. Cleland qualified that by saying testimony given under the excited utterance exception to the hearsay rule is not strong enough to convict on counts 36 to 40 alone.
He explained the definition of circumstantial evidence with the analogy of waking up to a sheet of fresh snow that has deer tracks in it. He said in that case, there is circumstantial evidence that a deer walked through the yard, though the deer was not seen.
11:07 a.m. Friday -- Jurors in the Jerry Sandusky case were brought back into the courtroom Friday morning where attorneys read the testimonies of former Penn State assistant coach Mike McQueary and his family friend Jonathan Dranov.
Mike McQueary testified about a night he saw Sandusky in the shower with a young boy in an extremely sexual position in a Penn State locker room.
That night, when McQueary went to his father’s house to tell him what he saw, Dranov came to the house as well. Dranov testified about what McQueary told him he saw that night, saying he appeared "visibly shaken and upset."
Jurors returned to deliberations after hearing the testimonies at 11:05. They began deliberating Thursday at about 1:10 p.m.
9:02 p.m. Thursday -- The jury in the Sandusky trial returned to the courtroom at about 8:30 p.m after over seven hours of deliberation to address a question they had.
Judge John Cleland said jurors asked if they could review the Mike McQueary testimony and the testimony of Jonathan Dranov.
He said that since McQueary’s testimony is almost two hours long, they would address the issue first thing Friday morning.
Jurors were told they can choose to continue deliberating until about 9:30 tonight, a suggested time from Cleland, and then be taken to the hotel they will stay at, or they can decide to quit deliberating for the night earlier.
Cleland said court will resume session after tonight's deliberations are finished tomorrow morning at 9 a.m.
1:14 p.m. Thursday -- Jurors took the Sandusky case into their hands at about 1:12 p.m. when they were told by Judge John Cleland that they could begin their deliberations on the eighth day of the trial.
They heard over 50 witnesses testify as well as opening and closing statements from both the defense and the prosecution.
Now, jurors must decide if Sandusky is guilty or not guilty of the charges against him, based on the evidence and testimonies that were given in the case.
Cleland told jurors they are the “legal conscience” of the community, but are not deciding if Sandusky is a good person or a bad person.
11:52 a.m. Thursday -- As some of the men who testified they were abused by Jerry Sandusky sat in the courtroom and listened, prosecutor Joe McGettigan gave his closing arguments in the former defensive coordinator’s trial.
McGettigan said the conspiracy theory that Sandusky’s attorney Joe Amendola presented is illogical.
“Its not about conspiracies…It’s not about fame, or fortune, or money,” McGettigan said.
He said if it were true, many people would have had to be corrupt, including himself, the grand jury, Mike McQueary, police officers and the men who reported they were abused.
“I don't think troopers get raises for doing their jobs,” McGettigan said.
McGettigan told jurors that if a conspiracy really took place, then someone should bring handcuffs for him and all of the others who investigated the case.
He also said if there was a conspiracy that caused the charges to be brought against Sandusky, there would have had to have been "time travel" involved because some of the men reported Sandusky abused them in the early 90s, though he was not charged until 2012.
McGettigan also pointed out that Amendola never asked any of the witnesses about the specific offenses they said occurred to them – he only asked questions about dates and places and car colors.
Amendola did this, McGettigan said, because he can lead witnesses to say certain things, but it is difficult to mislead them to say that something that actually happened to them didn't happen.
He also said many people who testify about sexual abuse go through various emotions, including nervousness, McGettigan told jurors.
He said the man called “Victim 1” had difficulty speaking about the alleged sexual offenses that occurred to him because of the “tremendous emotional response” that he had of the recollection of the incidents.
He said the people who testified about the alleged abuse that occurred to them knew they were going to be called liars when they testified about it. McGettigan also apologized about asking the men who testified recall the details about the alleged offenses that occurred to them, as he did in his opening argument.
Many of the men who reported Sandusky abused them had behavioral problems or family issues. McGettigan said Sandusky was “preying” on the boys who were the “most vulnerable.”
Throughout his closing argument, McGetttigan called Sandusky a “predatory pedophile” multiple times.
He said Sandusky had access to a “pool of vulnerable victims” through his charity, The Second Mile. He said Sandusky was able to find biographical data easily, such as phone numbers, addresses and information about their family situations.
Also, McGettigan made light of Sandusky’s interview with Bob Costas. McGettigan said if someone were to ask him if we were a pedophile, as Costas asked Sandusky, his immediate response would be “You’re crazy.”
McGettigan also said the tape that was played for jurors of a conversation between the man called McGettigan said while pointing to Sandusky. "Acknowledge it and give [the people who said they were abused by him] justice and give [Sandusky] the justice he really deserves.”
11:29 a.m. Thursday -- In his closing statement to the jury, Joe Amendola argued that much of the evidence presented in the case does not “add up.”
He made it clear to the jury that it is their “recollection” of what occurred during the trial that will ultimately result in a verdict of guilty or not guilty.
Amendola said the Commonwealth decided early on in the case that Sandusky was guilty. To support his theory, Amendola referred to the recording of Corporal Joseph Leiter, Trooper Scott Rossman and Ben Andreozzi in which they told the person referred to as “Victim 4” about the other statements they gathered.
He said that the Commonwealth “screwed up.”
Amendola said that the Commonwealth interviewed the men who were allegedly abused by Sandusky multiple times until the men told them what they wanted to hear.
He said that if prosecutors really thought that Sandusky was the “monster” that they presented him to be, that they would have arrested him in 2008 when the first allegation was made.
Amendola said the only reason that the Commonwealth did not arrest Sandusky was because they did not have enough evidence to convict Sandusky until after they “coached” the witnesses who testified in this case.
In addition, Amendola said it does not make sense that the first allegation against Sandusky happened in the mid 1990s.
“Out of the blue, when he was in his mid 50's, he decided to become a pedophile,” Amendola said.
Amendola said the jury has to believe that Sandusky was having relationships with all of the alleged victims during the same timeframe.
Amendola also rehashed Sandusky's interview with Bob Costas. In his statement, Amendola said Sandusky has a habit of repeating questions asked to him before he answers them as he did in the interview.
Citing testimony from a former Penn State coach that Sandusky was seen bringing young boys to the shower and noting that he was often seen with children otherwise, Amendola said Sandusky would be the "boldest perpetrator in history" if he actually committed the crimes.
Also, Amendola said he would be the first to say, “If [Sandusky] did this, he should rot in jail his entire life.”
“Regardless of the outcome, this is awful," Amendola said.
Before wrapping up his closing argument, Amendola read something that Sandusky asked him to read to the court, Mother Teresa’s “Anyway” Poem.
"I’m asking you to return the verdict of not guilty," Amendola said. "Mr. Sandusky will never get his life back, it is impossible."
9:47 a.m. Thursday -- In the eighth day of the Sandusky trial, Judge John Cleland said certain counts are no longer being considered for their deliberation as a result of a motion filed by Sandusky’s defense team yesterday.
Cleland dismissed three counts against Sandusky — he is now charged with 48 counts, dropped from 51.
However, the six different charges that Sandusky are charged with are still the same. The charges are: involuntary deviate sexual intercourse with a child, indecent assault of a child, unlawful contact with a minor, corruption of minors, endangering the welfare of a child and attempted indecent assault on a child under 16 years of age.
Cleland also explained in-depth to the jury how they are to go about reaching a verdict.
“You must distinguish an expression of family expression from an act of lust,” he said regarding the charges filed against Jerry Sandusky.
He said that it is not a crime for an adult to touch a child. For example, a wrestling coach may demonstrate a wrestling move on one of their wrestlers.
Cleland also said it is not a crime for an adult to shower with a child, wash their hair or engage in cracking and rubbing their back.
He said the matter the jurors must consider is whether Sandusky did these things with a “sexual motive,” because that is a crime.
Cleland told the jury that they may not use the testimony that Sandusky suffers from Histrionic Personality Disorder as a defense for these charges. He said that they are to consider the diagnosis given by Psychologist Elliot Atkins as evidence in regard to the letters the defendant wrote to the people called "Victims" in the case. He said the diagnosis is only “an alternative explanation” as to why Sandusky wrote the letters.
In addition, the statement of Mr. Calhoun - the testimony that was given under an exception to the hearsay rule, “excited utterance” - standing alone is not enough evidence to convict Sandusky. This testimony can support a verdict of guilt, but it is not sufficient enough to stand alone.
Cleland explained that not all charges are applicable to all of the people called "Victims" in the case.
He said each charge stands independently and should be separately considered by the jury.
Cleland reminded the jury that Sandusky does not have to prove his innocence — it is the job of the Commonwealth to prove beyond a reasonable doubt that he is guilty.
Cleland said that if the Commonwealth fails to prove beyond a reasonable doubt that Sandusky is guilty, that they must find Sandusky innocent.
He said that a reasonable doubt is a doubt that would cause a reasonable person to hesitate before acting upon a manner of importance in their lives.
This is a doubt that is not based upon speculation, it should be based upon the evidence or lack there of that has been presented in this case.
Cleland said he would give the jurors a list of all the criteria that must be met in order to find Sandusky guilty of each crime that he is charged with.
11:47 a.m. Wednesday -- Shortly before noon on the seventh day of the Jerry Sandusky trial, the defense rested its case. Sandusky did not take the stand in the trial.
Closing arguments are expected tomorrow, beginning at 9 a.m. The jury will then begin to deliberate and will be sequestered during that time.
10:13 a.m. Wednesday -- Next, another man, David Hilton, who attended Second Mile programs, testified that he was questioned by the police three or four times, but he said nothing inappropriate ever happened between him and Sandusky.
“I felt like they wanted me to say something that wasn’t true,” Hilton, who is 21 years old, said.
Hilton said that police officers told him he could get in trouble and be charged with a felony if he wasn’t telling the truth about what happened.
The man’s uncle called authorities after charges were pressed against Sandusky in November. Prosecutor McGettigan asked if Hilton knew that his uncle called the prosecutors last night, but Hilton said no.
He said he traveled with Sandusky to California for a week and that he stayed over at the Sandusky household lots of times. He said Sandusky helped him with his academics, because his parents are both deaf.
10:02 a.m. Wednesday -- A man who is 35 years old and attended The Second Mile programs testified as another character witness on behalf of Jerry Sandusky Wednesday. He said he never showered with Sandusky and nothing inappropriate ever happened between him and Sandusky.
He said he met Sandusky after he sent letters to Penn State coaches and players because of an elementary school assignment to write letters to people he admired. The man said he sent letters to former head coach Joe Paterno as well as Sandusky.
The man said Sandusky responded to the letters, and then they began to spend time together in person. He said he spent the night at Sandusky’s home “many” times.
He also said Sandusky had a great reputation.
“You never hear anything bad about Jerry,” the man said.
10 a.m. Wednesday -- The defense called Sara Ganim, a reporter for the Patriot-News in Harrisburg.
After a short sidebar that included, Craig Staudenmaier, an attorney for the Patriot-News, the prosecution and the defense, McGettigan read a stipulation to the jury.
He said that if Ganim had been called, she would be asked only one question: Before charges were filed, did you contact the mother of an alleged victim and give her information on how to get in contact with law enforcement?
McGettigan said that her response would be “yes.”
9:39 a.m. Wednesday -- The defense called Henry Lesch, an official with the Second Mile golf program.
Lesch testified that McQueary received a letter from The Second Mile for playing in their golf outing in June of 2003.
Earlier in the trial, McQueary testified that he tried not to be involved in anything that Sandusky was involved in specifically because of what he testified he saw.
The defense presented a letter written to McQueary from The Second Mile program thanking him for participating in their outing. Lesch confirmed that the letter is from the Second Mile Program and was sent out to participants only. However, Lesch said he does not specifically recall McQueary playing in the outing.
The defense also presented a picture of McQueary that could have been taken during another golf outing in 2001, but Lesch could not say for certain where the photo was from.
Lesch said that Jerry Sandusky was not in the photo from the outing in 2001.
9:30 a.m. Wednesday -- Karl Rominger called the first witness of the day, Dr. Jonathan Dranov.
Dranov testified that Mike McQueary told him about the incident that the former coach says he witnessed in 2001 in the Lasch Football Building showers.
He said that McQueary’s father, John, called him to come over around 9 p.m. and sounded “concerned and upset.”
When he arrived at the McQueary residence, Dranov said Mike McQueary was
1:22 p.m. Tuesday -- The mother of the person referred to as “Victim 1” was called to testify by the defense. The woman stated that she has never said that she would “buy a big house in the country” as a result of any money that could potentially come from a civil suit against Jerry Sandusky.
She said she has never said she would personally make money from the Sandusky case, and she retained a lawyer in order to “keep the press away.”
She said that she has not paid Michael Boni, her lawyer, any money, but did sign a fee agreement.
She said she did not know the terms of that fee agreement.
1:10 p.m. Tuesday -- Elaine Steinbacher, who has known Sandusky for 47 years and was a board member of the Chester County branch of the Second Mile, testified that she was at the Sandusky residence when the man called “Victim 4” visited Sandusky for the last time before charges were pressed against him.
Earlier in the trial, the man called “Victim 4” testified that later in his life, years after the alleged offenses occurred, he went back to the Sandusky home to introduce his girlfriend and son to the family.
Steinbacher said she thought the point of the visit was for Sandusky and his wife to “make a big fuss” over the man called “Victim 4”’s newborn son. She said the visit was “amicable” and “quite friendly.”
She said she stayed at the Sandusky home on visits instead of staying in hotels or motels to “be inspired and motivated” by Sandusky and his wife.
1:00 p.m. Tuesday -- The defense called Dr. James Martin, a Penn State graduate.
Martin attended Hershey Medical School after his undergraduate career as a Penn State wrestler.
He said he met Sandusky during his wrestling career at Penn State because the football and wrestling teams worked out in the same facility.
Martin stayed with Sandusky for one month in 1992 during medical school.
He said that Sandusky had given him gifts over the years including a homemade photo album with a handwritten poem by Sandusky.
Martin said that he thinks that there is a lot of “speculation” about Sandusky’s reputation but thinks it is “generally accepted feeling that he was honest and caring.”
11:06 a.m. Tuesday -- The attorney for the man called “Victim 4,” Ben Andreozzi, testified about the conversation he had with a Pennsylvania State Police officer during a break in an interview with his client and the Pennsylvania State Police.
Defense attorneys played a part of the recording from the interview prior to Andreozzi’s testimony. The majority of the recording played was from a time when the man called “Victim 4” was not present in the room.
In the interview, Corporal Leiter told the man called “Victim 4” that others had come forward with similar stories and reported that oral sex had occurred.
Leiter then asked the man called “Victim 4” if he had anything more to tell them, because at that point, the man had not reported that Sandusky had done anything more than touch him.
But, Andreozzi denied that he had ever attempted to get his client to say anything more than what the man called “Victim 4” believes happened.
“I have never suggested anything to [the man called 'Victim 4],” Andreozzi said.
Amendola asked Andreozzi about his agreement with “Victim act.”
10:50 a.m. Tuesday -- The defense played a recording between Corporal Joseph Leiter, Trooper Scott Rossman, the person referred to as “Victim 4” and his attorney, Ben Andreozzi.
The recording was a conversation between Andreozzi and Leiter while the person referred to as “Victim 4” was not in the room.
It is understood that both Leiter and Andreozzi both believed the tape to be paused or not recording.
During the recording, Andreozzi asked Leiter if it would be possible for him to explain to his client, the person referred to as “Victim 4," that there were other people that have been interviewed who said that “oral sex” had occurred.
Leiter went on to tell the person referred to as “Victim 4” that he “fit the pattern” they had seen in other statements given by accusers and told him that he is not alone.
Leiter said that this is a normal occurrence before interviewing witnesses in order to make them feel comfortable.
Leiter then told the person referred to as “Victim 4” that he was not alone, that others have said the same things he has and that the things he said has led to much more such as oral sex.
After explaining this to the person referred to “Victim 4,” Leiter is heard stating that they are now going to restart the tape.
Trooper Scott Rossman and Leiter both testified that they do not recall ever telling any other people during interviews anything specific about any other people involved in the case or ever having conversations off the record with any other witnesses.
Leiter said that he does not think the recording revealed anything inappropriate.
He said that the person referred to as “Victim 4” was very emotional and he was simply trying to make him feel comfortable.
Leiter said that he did converse with Rossman about “what I faced during testifying.” However, Rossman testified that he did not have this conversation with Leiter.
9:57 a.m. Tuesday -- Corporal Joseph Leiter was called by the defense to testify about the investigation into Sandusky.
Leiter said he served as a Pennsylvania State Police trooper for over 26 years and became heavily involved in the Sandusky investigation in January of 2011.
Leiter interviewed most of those referred to as "Victims" in the case, as well as former assistant coach Mike McQueary, he said.
He said that it was not uncommon for people affected by sexual abuse to say that no abuse happened during the first interview, and then add to their statements in later interviews.
He said that he did tell these men during interviews that there were “other accusers” and that they “were not this.”
Leiter said that police tell people affected by sexual abuse that they are not alone to make them feel more comfortable.
9:45 a.m. Tuesday -- A lead investigator from the Pennsylvania State Police, Trooper Scott Rossman said that when interviewing the men who said Sandusky abused them, at first many of them said nothing overtly sexual happened with Sandusky, but they later added more graphic details to their stories.
He said many became defensive and said they did not want to talk to the investigator about the alleged offenses. Some of the men who he interviewed cried during questioning, Rossman said.
“It's a very uncomfortable subject for any victim to come in and relate that anything horrific had happened to them,” Rossman said.
He said throughout the investigation of the case, he interviewed about 40 to 50 different people.
9:38 a.m. Tuesday -- Another retired Penn State professor, Jack Willenbrock, who was Sandusky’s neighbor, testified next. Willenbrock said his children and grandchildren see Sandusky as a father figure and he is respected for his professional work.
9:35 A retired Penn State professor, Phillip Mohr, told the jury he has known Sandusky socially for 35 years and attends the same church. Mohr said Sandusky has a “wonderful” and “great” reputation in the community.
He said he did see Sandusky with young boys over the years, but he said he was not specifically familiar with any of them.
9:30 a.m. Tuesday -- Joyce Porter, a long-time friend of Jerry and Dottie Sandusky, testified about her close relationship with the couple.
Porter said she lives with her husband and “six, seven, or eight dishonest.”
“He was a dishonest person and embellished stories,” she said.
She said she has known the man called “Victim 4” for about 18 years. Her brother, who passed away in 2008, got in trouble with the man called “Victim 4” when they were younger.
9:22 a.m. Tuesday -- The defense called Josh Green, 33, of Milesburg, to testify as a character witness.
Green said that he was involved in The Second Mile for three years and that he enjoyed every minute of the camps.
When asked if he spent anytime with Sandusky alone, he said “I asked for it
Green had not been in contact with Sandusky for a while until he was called to be a character witness for the trial.
9:15 a.m Tuesday -- A woman testified that she has known Jerry Sandusky for 17 years through The Second Mile. She said she spent the night over at Sandusky’s house about five times, and Sandusky’s wife, Dottie, taught her how to cook.
She said that Sandusky was respected in the community for the good things he did.
2 p.m. Monday -- The judge in the Jerry Sandusky case ended court early on Monday and said the defense is expected to be finished calling witnesses by Wednesday.
Judge John Cleland said prosecutors may present any rebuttal witnesses Wednesday afternoon, and closing arguments are expected to take place Thursday. If this schedule plays out, the jury is expected to begin deliberation Thursday afternoon.
If this happens, that means the trial will wrap up in seven and a half days of arguments.
The jury will be sequestered during deliberation, the judge said.
1:40 p.m. Monday -- Brett Witmer, a second grade teacher in the Bellefonte Area School District, was called by the defense at 1:40 p.m. Monday.
He said he met Sandusky when he interned at the Second Mile in 1999, and he also knew the person referred to as “Victim 4.”
Witmer said he knew Sandusky and the person referred to as “Victim 4” spent time together outside of the program, and that Sandusky seemed to be interested in the general well-being of the child.
“Jerry certainly seemed to be an important person in [the person referred to as Victim 4’s] life,” Witmer said.
Witmer said he remembers that Sandusky told him once to always be there for children who come from troubled homes even when they act out. He said this is a lesson he has never forgotten.
Witmer said he had not spoken to Sandusky in years before he was contacted by a private investigator regarding this case.
1:26 p.m. Monday -- A Penn State professor, Linda Caldwell, testified today after the lunch break. She put together the Links Golf for Life Mentor program that the person referred to as “Victim 4” was referred to by Sandusky.
During the testimony of the person referred to as “Victim 4,” a referral form for the man filled out by Sandusky was admitted into evidence. She testified that the form was one used by the program.
David Pasquinelli, a former Second Mile fundraising consultant, was called by the defense and testified that he thought Sandusky always had a good reputation and worked well with children.
“I saw a mutual admiration between Second Mile youth, boys and girls, with Jerry,” he said.
He said he and Sandusky traveled together for fundraising purposes 15 to 20 times over a two-year span, from October of 2007 until the spring of 2009 but has known him for two decades.
11:43 a.m. Monday -- Former Penn State Assistant Football Coach Booker Brooks was called as the defense's third witness at 11:43 a.m. Monday.
After coaching at Penn State, Brooks left the area to coach at other universities such as Oregon State University. He returned to State College three years ago with his family.
Brooks testified that he has showered with his granddaughter at the local YMCA and thinks it is “common” for adults to shower with children and that there is no problem with it.
Brooks’ testimony wrapped up by saying “I think [Sandusky]’s a great guy,” adding that the grand jury testimony is one-sided.
He said he is going to wait until the trial is over to decide how he feels.
11:30 a.m. Monday -- The defense's second witness, Clint Mettler, was called to the stand at 11:30 a.m.
Mettler attended the Second Mile camps from the age of eight or nine until the maximum age limit. After that, he said he then became a camp counselor for one year.
Mettler said he knew Jerry Sandusky very well and talked to him frequently throughout his time at the Second Mile. He said that he stayed at the Sandusky residence a few times and received football tickets from Sandusky.
He said that Sandusky had a great reputation.
“People spoke very highly of him,” he said.
Mettler served as a member of the Army in Germany, Baghdad and Afghanistan.
10:45 a.m. Monday -- Richard "Dick" Anderson, a retired Penn State assistant football coach who also played football at Penn State with Jerry Sandusky in the 1960s, was the first witness called by the defense in the trial.
Anderson, who retired from coaching at Penn State in January, coached with Sandusky from 1973-84. He returned to the coaching staff in 1990 and coached with Sandusky until Sandusky retired.
Anderson said he saw Sandusky bring young boys to shower occasionally in the East Area Locker Room, but never saw anything inappropriate occur.
He explained the daily schedule for Penn State coaches, specifically in the preseason, which usually begins around August 5, he said.
He said coaches are the busiest during the preseason and the actual football season. During the offseason, coaches traveled in the wintertime “fairly often” for recruiting purposes, he said.
Anderson said that coaches would not have time to play basketball or racquetball during the late afternoon, but he said some coaches would workout around lunchtime.
Some of the people who said Sandusky abused them said they played sports with Sandusky in the late afternoon with him.
Anderson testified that Sandusky traveled more than he did when they were Penn State coaches because he attended many banquets and clinics on top of his recruiting traveling requirements.
He said Sandusky had a good reputation among people in the area, prior to the allegations against him.
“He had a wonderful reputation in the community. He was well thought of in every regard,” Anderson said.
10:15 a.m. Monday -- The prosecution rested after calling its last witness this morning, the mother of the person referred to as “Victim 9.”
Fighting back tears, she said that her son did not want to spend time alone with former assistant coach Jerry Sandusky, but she would make him go anyway.
The mother of the person referred to as “Victim 9” said that her son’s behavior and physical conditions changed shortly after spending time with Sandusky.
He was sick frequently, developed behavior issues, his sleep patterns were “off” and he did not perform well in school, she said.
The person referred to as “Victim 9” told his mother that he had “accidents” and threw away his underwear when she asked him why they were missing from the laundry, she said.
She said that her son never told her what he now said happened to him, and that she didn’t want to put him through explaining the situation to her.
“I just can’t imagine what happened to him,” she said.
She said one night in particular sticks out in her mind — she once received a phone call from her son, she said, in which he asked her to pick her him up from the Sandusky residence around 11 p.m. When she arrived at the Sandusky home, her son was standing in the driveway wearing no shoes.
She said that her son got into the car, told her that he was sick and did not want to talk about anything, and he went straight to bed.
She said that Sandusky introduced himself to her and the person referred to as “Victim 9” during his second year at the Second Mile summer camp between 2004 and 2005.
5:31 p.m. Thursday -- The person referred to as “Victim 9” was the final person to testify Thursday in day four of the Jerry Sandusky trial.
The person referred to as “Victim 9,” now 18 years old and the last of the people referred to as “Victims” to testify, took the stand around 3:33 p.m. He said he met Sandusky when he was twelve in a pool at Second Mile camp the second year he went. The person referred to as “Victim 9” said he was living with only his mother at the time and did not remember when he last saw his father.
Sandusky soon had the boy staying at his home and taking him to football games, according to his testimony. The person referred to as “Victim 9” said Sandusky would rub and crack his back and kiss him on the cheek before he went to bed in the basement bedroom of the Sandusky home.
The person referred to as “Victim 9” said the contact with Sandusky became more physical eventually when Sandusky would kiss him on the lips and force the boy to touch his penis.
The man said Sandusky eventually laid on top of him and “forced” his penis into his mouth. The person referred to as “Victim 9” said Sandusky also forced the boy into anal sex on several occasions.
The man said he did not fight back because Sandusky was obviously too big.
“What was I going to do?” he said. "Look at him, he’s a big 4.”
A list of players, coaches and others from Penn State that attended the Outback Bowl was also shown. The name of the person known as “Victim 4” was on the list.
Sassano also explained the reasoning behind Mike McQueary now saying he witnessed Sandusky in the shower with a young boy in 2001 when he originally said it occurred in 2002. Sassano said he looked through 20 TV Guides to find when the movie “Rudy” was playing. McQueary testified that the night he said he witnessed Sandusky in the shower with the boy.
He said investigators looked into when openings were available on the Penn State coaching staff. When McQueary called Paterno to ask him if he could come over to tell him what he had witnessed, Paterno told him, before McQueary said why he was calling, that he wasn’t getting the job opening that was available.
Judge Cleland said there were “errors” in the audio of the interview Bob Costas did with Sandusky that was played in court Wednesday. Because of the errors, jurors will be asked to consider the interview from a transcript, not the audio they heard when deliberating.
12:05 p.m. Thursday -- The person referred to as “Victim 3,” now 25 years old and in the National Guard, took the stand today at 10:51 a.m.
The person referred to as “Victim 3” said he met Sandusky at a “Casino Night” sponsored by The Second Mile and soon after went to a football camp in the summer of 1999, when he was 12 years old. The man said Sandusky drove him there and had his hand on his leg most of the time.
The man said he later attended a Blue-White Game with Sandusky and then began to stay over at his house -- in total, staying at the house about 50 times, he said. The man said when he would be getting ready for bed, Sandusky would ask him why he would want to sleep with all of his clothes on and eventually would coax him to just sleep in his underwear.
Sandusky would sit on the edge of the boy’s bed in the basement shirtless and try to make him laugh, the man said. When he did laugh, the man said Sandusky would get into bed and tickle the person referred to as “Victim 3” and would usually touch his penis.
The man said Sandusky would also shower with him after workouts, and when he would try to shower at a distance from Sandusky, the man said Sandusky would make him feel guilty for being so far away. The man said Sandusky would wash his shoulders, backside and back as well as bear hug him.
Contact between Sandusky and the person referred to as “Victim 3” stopped when he was sent to a group home, the man said. The man said he felt angry after this because he loved Sandusky and Sandusky treated him like he was family.
After he was initially contacted by police about the incident, the man said he retained a lawyer after the lawyer sought him out. The man said he has two lawyers and when asked which one he’d prefer, he said Joe McGettigan.
Judge John Cleland said before today's lunch recess that the prosecution could complete its case by the end of the day.
10:31 a.m. Thursday -- The man referred to as “Victim 6,” now 25 years old, testified about the time he took a shower with Jerry Sandusky in 1998.
After he got home, his mother called the police, the officer who investigated the case, Ronald Schreffler, testified on Thursday.
Schreffler said he overheard a meeting with the man’s mother and Sandusky, when Sandusky said “I wish I could ask for forgiveness I know I will not get it from you... I wish I were out.”
The man said Sandusky also picked him up and put him up next to the shower head.
The man said he doesn’t remember anything after that about drying off or going home. When he got home, the boy briefly told his mother that he had taken a shower with Sandusky. His mother then called Penn State University Police, he testified.
Schreffler, who was a University Police officer, testified today that in a later interview between himself, a State College Police Officer and Sandusky, the former Penn State assistant football coach said he had showered with other boys as well.
Sandusky said he realized it might be inappropriate, and said he wouldn’t do it again, Schreffler said.
The man called “Victim 6” said he kept in contact with Sandusky even up to the summer of 2011. He said at the time he didn’t think much of the incident, but after thinking of it as an adult, his attitude changed.
“I quickly realized my perception changed thinking about it as an adult, as opposed to an 11-year-old, that that was inappropriate what happened to me,” he said.
The defense had the person called “Victim 6” read two messages he sent Sandusky in 2009.
“Happy thanksgiving, I’m glad God has placed you in my life. You are an awesome friend, love you,” one read. The man called “Victim 6” said this was a message he sent to many people on his contact list.
Another message read: “Hey Jerry, just wanted to wish you a Happy Father’s Day. Great things are yet to
Sandusky first met the person referred to as “Victim 7” at the Penn State Natatorium and began to take him to Penn State football games the following autumn, the person referred to as “Victim 7” said. The person referred to as “Victim 7” said he continued to go with Sandusky to these football games into the early 2000s.
The person referred to as “Victim 7” said when they were in Sandusky’s car together, Sandusky would grab the boys leg, often grabbing so hard it would hurt. The person referred to as “Victim 7” said Sandusky would rub up the boy’s shorts if he was wearing them and put his hands in the boy’s pants, touching his penis.
The person referred to as “Victim 7” testified he would throw a football around with Sandusky at Haluba Hall and afterwards Sandusky would always suggest they would take showers. In the showers, Sandusky would try to wash the hair and the shoulders of the person referred to as “Victim 7” as well as try to dry him off afterwards, the person referred to as “Victim 7” said.
The person referred to as “Victim 7” said he would often try to move away from Sandusky after he tried to do this by moving down a showerhead.
Sandusky began to have the person referred to as “Victim 7” stay over at his home sometime in 1995 and 1996, usually the night before they would usually go to a Penn State football game. The person referred to as “Victim 7” said he would stay in one of the upstairs rooms in Sandusky’s house and before he would go to bed, Sandusky would lay down next to him with his chest against the boys back, sometimes rubbing the boy's chest.
The person referred to as “Victim 7” said he still received Penn State football tickets until 2009, but he did not have much direct contact with him in later years.
During his cross examination, Joe Amendola asked the person referred to as “Victim 7” if he retained a lawyer before he testified in front of the grand jury, to which he said yes. He said he retained a lawyer because he didn’t want to go through this process alone and to help him with the legal matters.
Amendola also asked the person referred to as “Victim 7” about some discrepancies between the facts given by him Wednesday and in front of the grand jury. The person referred to as “Victim 7” said he didn’t want to say Sandusky touched his genitals then because he hadn’t totally come to terms with all the events that transpired.
10:47 a.m. Wednesday -- The person referred to as “Victim 10” said Jerry Sandusky performed oral sex on him and told him to not tell anyone what happened.
“He told me that if I told anybody that I'll never see my family again,” the witness called “Victim 10” said, who was living in foster care at the time.
In testimony Wednesday morning, he said Sandusky pulled his shorts down and performed oral sex on him once while the two were wrestling in the basement of Sandusky’s house.
The person called “Victim 10” also said that one time, he was riding in the car with Sandusky when the former assistant football coach asked him to perform oral sex on him.
"Victim 10" said he refused, and Sandusky got angry with him and threatened him. He said Sandusky later apologized for getting angry and told him he loved him.
During his second year at a Second Mile summer camp, “Victim 10” said he was roommates with another person who reported that Sandusky abused him as well.
That summer, “Victim 10” said Sandusky reached up his shorts while in a swimming pool and grabbed his genitals. He said he did not tell anyone that had happened, including his roommate.
He said he and his roommate from the second year at the camp have not been in contact with each other.
He also testified that he recently spent 23 months in state prison for robbing an “older” man. He said he also had other history of legal trouble and problems with drugs and alcohol but is doing better now.
Next, the foster mother of the person referred to as “Victim 10” testified, and she said her foster son never told her Sandusky had abused him until November or December 2011.
The foster mother said when Sandusky called the home at one point, her foster son told that he didn’t want to go back to spend time with Sandusky.
The foster mother said he spent time with Sandusky “more than once but probably not more than four times” while her foster son was living with her.
10:31 a.m. Wednesday -- John McQueary, father of former assistant coach Mike McQueary, was the first person to testify Wednesday in the third day of the Jerry Sandusky trial.
John McQueary's testimony began at about 9:10 a.m. He said he got a call from his son late one Friday night, saying he saw Sandusky in a shower with a young boy. John McQueary said he told his son he should come to the home where he and Mike McQueary’s mother, Anne, lived.
When Mike McQueary got to the house, John McQueary said, he was distraught and told him that while putting his sneakers in his locker, he heard a noise in the shower and went to investigate. John McQueary said his son told him he heard “thrusting, slapping” sounds and upon further investigation saw Sandusky behind a young boy.
John McQueary said his son told him he never saw any penetration but said his son told him he didn’t need to be a rocket scientist to figure out what was going on. Mike McQueary used similar language in his testimony Tuesday, when he said he told his father, "You don't have to be a rocket scientist to figure out what was going on," referencing the same night.
John McQueary also said his friend Jonathan Dranov was present at the meeting, and both advised Mike McQueary to tell then coach Joe Paterno, his supervisor, what happened.
A while later, John McQueary, who is the CEO of a medical practice, said he and Dranov had a meeting with former Interim Senior Vice President for Finance and Business Gary Schultz on an unrelated matter. John McQueary said he asked Schultz at the meeting about what had eventually happened concerning what his son told him. Schultz told him he had “heard noise” about it before.
When cross examined by defense attorney Karl Rominger, John McQueary said he did not remember being present to tell this story before at Schultz's preliminary hearing at the Dauphin County Courthouse, even after Rominger presented him with a transcript of the event that said he was there and testified.
Rominger became frustrated with John McQueary, asking him repeatedly if he was there until Senior Judge John Cleland told Rominger to move on. Rominger rested his case after this at about 9:40 a.m.
4:42 p.m. Tuesday -- Joe Miller, the wrestling coach who said he saw Sandusky rolling around on mats with the boy now referred to as “Victim 1,” testified today beginning at 3:55 p.m.
Miller, who met the boy when he tried out for the wrestling team when he was in third grade, said he was walked into the weight room at the school to find Sandusky lying on the floor facing the boy. When Miller came into the room, Sandusky got up immediately on his one arm and told Miller he was just showing some wrestling moves, Miller said.
Miller said he didn’t mean to be in the school at the time and only came back because his son forgot a piece of wrestling equipment. Miller said he opened the door and was surprised to see Sandusky and the boy in the weight room because no one was supposed to be in there at that hour.
Initially, Miller said he thought it was curious that Sandusky was in the weight room wrestling with a young boy when there is a whole wrestling room right down the hall. Miller said he quickly brushed off any negative assumptions though, saying he just thought Sandusky “was a
The grandfather said the mother of the person referred to as “Victim 1” asked him to come over to the house when Sandusky was there and would not leave. The grandfather said Sandusky wanted a summer schedule of the person referred to as “Victim 1” so he could plan events around it, but the person referred to as “Victim 1” did not want to give him a schedule.
Also testifying was Mandy Musser, the front office manager of the Hilton Garden Inn where prosecutors say Sandusky would take the person referred to as “Victim 1.” Musser said she never received any complaints about any behavior issues between Sandusky and the person referred to as “Victim 1.”
Cynthia Burns, the director of housekeeping at the Hilton Garden Inn also testified that when she was at the pool with her two young grandsons, who were Penn State football fans and recognized Sandusky, the two grandsons threw a football around in the pool with Sandusky and the person referred to as “Victim 1”.
When asked by Amendola, Burns said she never saw any inappropriate behavior occur between the person referred to as “Victim 1” and Sandusky.
12:27 p.m. Tuesday -- Sandusky’s attorney Joe Amendola continued to cross-examine the person called “Victim 1” after the first recess on the second day of the Jerry Sandusky trial, asking specifically about the different stories he told officials about the alleged offenses that occurred.
Amendola asked him if he told different people that oral sex had occurred different numbers of times, also asking whether he testified one time in front of the grand jury that it happened 20 times and another time that it happened 12 times.
“Victim 1” said he was scared and embarrassed, which led him to not tell the truth every time. He testified today that when he said it occurred 12 times in one appearance before the grand jury, he “broke down” and cried and later during that testimony told them that it occurred more times than that.
“If I’m going to grow up and leave this all behind me I have to tell the truth,” he said of his decision to tell the grand jury later during the testimony the actual number of times the alleged offenses occurred.
He said he has trouble telling his story to new people, so it takes “a while” for the full story to come out each time.
"They were rough estimates to put my mind at ease,” he said.
During the cross examination, Amendola asked him multiple times about his story that changed a few times when he told officials.
The person called “Victim 1” grew angry at Amendola’s questioning.
“It’s hard enough for me to tell these folks in the jury what happened, let alone the size of this room or more what happened,” the 18-year-old said. “I’m sorry, but you’re asking me the same exact questions over and over again.”
“Victim 1” stepped off the stand at about 11:22 a.m. His grandfather was next to take the witness stand.
10:50 a.m. Tuesday–
During an emotional and tearful testimony, the person referred to as “Victim 1” testified about the sexual offenses that allegedly occurred between him and Jerry Sandusky Tuesday morning beginning at 9 a.m.
He testified that after he began to stay at Sandusky’s residence he began to do things he “would never normally do” like getting in fights with others and wetting the bed. He also said he quit playing football to get away from Sandusky.
“I just didn't want to see him anymore and he would come around, he would talk to me about football, take me to football camps,” the now 18-year-old said.
He testified that he stayed at the Sandusky residence over 100 times between 2005 and 2008.
“I spent more time with your client than I ever did with most of my family at the time,” the person referred to as “Victim 1” said during defense attorney Joe Amendola’s cross examination.
The person referred to as “Victim 1” testified that Sandusky did a “routine” when he stayed over his house, which included Sandusky rubbing his back and cracking it. He said eventually Sandusky would blow on his stomach and then Sandusky would perform oral sex on him.
Sometimes, the witness known as “Victim 1” said, Sandusky would ask him to perform oral sex on him. He said the first time that occurred, the former assistant football coach said something along the lines of “it’s your turn.”
On one occasion, Sandusky came to visit him at his high school, which he did frequently, and the person called “Victim 1” did not go to the office to meet Sandusky when he was called down.
Instead, he got on his bus and went home, and noticed that a car that looked like Sandusky’s was there. When he got off the bus, the witness known as “Victim 1” said Sandusky was there and followed him when walking to his house.
He said Sandusky yelled at him and argued with him because he wasn’t spending enough time with Sandusky. “Victim 1” testified that he continued to run away and when he got home, then he saw his mom arguing with Sandusky, so he ran through the back door of his house.
The witness known as “Victim 1” said he was mad because of the investigation and didn’t really want to go through with it and he was “embarrassed” about what happened. He testified that he was scared to tell anyone what had allegedly occurred between him and Sandusky because of the friends and connections he has.
He said he was afraid that if Sandusky knew he was going to report what had allegedly occurred, “he could hurt me or somebody close to me.”
Another incident “Victim 1” said occurred was when a coach at his school walked into the gym when he and Sandusky were rolling around on the wrestling mats together.
The witness known as “Victim 1” said that when the coach walked in, Sandusky “hopped up like a rabbit” and said he was just showing the boy some wrestling moves.
“I felt kinda like a relief that nothing was going to happen in the school,” he said about his feelings when the wrestling coach walked in.
During Sandsky’s attorney’s cross examination, the boy known as “Victim 1” said he never told anyone he was going to become rich because of the case.
He also said that during police interviews, the state troopers told him he’s “not alone,” meaning there were other kids, but did not say anything sexual occurred with the other people, before “Victim 1” told them that oral sex had occurred with him and Sandusky.
Court went into recess at 10:35 and will resume at 10:55.
5:24 p.m. Monday– Court ended for the day at about 4:55 and will resume tomorrow morning at 9 a.m.
According to a document that was shown in court Monday, Jerry Sandusky and the person referred to as “Victim 4” signed a contract for the boy to participate in what was called a Second Mile Program, but program director Marc McCann testified that it was not an official program of the organization.
The program was called The Second Mile Action Program, but was never approved by the foundation, McCann said.
The program was set up so the person referred to as “Victim 4” would spend time with Sandusky once a week, study during the week and play sports, and in return Sandusky would give him money for post-high school education.
McCann said for a program to be created in The Second Mile, it must be approved by about 50 or 60 people.
He also said that no employee had permission to have unsupervised contact with a minor.
There was also a document showed in the courtroom that was a permission form for the person referred to as “Victim 4” to appreciate in the Golf For Life Mentor Program.
The permission form was signed by the boy’s parents, and it was filled out on the permission form that was used for participation in Second Mile Programs.
McCann testified that the Golf For Life program was not a Second Mile program.
3:55 p.m. Monday- During cross examination, the person referred to as “Victim 4” said former coach Tom Bradley came into the locker room during one of the showers he was taking with Sandusky. The person referred to as “Victim 4” said he thought Bradley may have been suspicious of the activities going on between the person and Sandusky and stayed in the shower until both of them were finished.
The person referred to as "Victim 4" also said Sandusky bought him two cartons of cigarettes and marijuana, driving the boy to a house to buy it when he was 15 years old. The person referred to as "Victim 4" said he smoked the marijuana while in Sandusky's car while Sandusky said, "You shouldn't do that."
In the final part of his cross-examination, lead defense attorney Joe Amendola focused on the financial situation of the person referred to as “Victim 4.”
The person referred to as “Victim 4” said he retained a lawyer sometime before police initially questioned him at the person’s father’s insistence. Since then, the person referred to as “Victim 4” has not paid any legal fees.
Amendola eventually asked the person referred to as “Victim 4” if he had any financial difficulties. The person said he lived in an apartment complex from 2007 until 2011 and sometimes fell behind on his rent, and to this day still owes rent back even though he has since moved out.
Amendola then asked the person referred to as “Victim 4” if had contact with anyone else that reported they were abused by Sandusky since 2008. The person then said he had no contact with any of them, but did find out a month or two ago that someone he knew from his childhood was one of the people who said Sandusky abused him.
Amendola also questioned the person referred to as "Victim 4" about a time he said he hit Sandusky over the head with a bottle after Sandusky kept putting his hand on the boy's knee. The person referred to as “Victim 4” said he only hit him with the bottle because one of his friends was in the back seat of the car and he didn’t want him to see Sandusky touching him.
3:47 p.m. Monday – The person referred to by prosecutors as “Victim 4” told the court he is embarrassed about what occurred between him and Jerry Sandusky. He said he feels “responsible” for incidents with other people that occurred after the incidents of reported abuse involving Sandusky took place because he didn't speak up initially.
“I feel responsible for what happened to the other victims,” he said.
The person referred to as “Victim 4” is in the process of being cross-examined by Sandusky’s attorney Joe Amendola.
Prior to Amendola’s questioning, the prosecution admitted pictures, documents and more letters from Sandusky into evidence and displayed them in the courtroom.
Specifically, contracts were displayed that outlined an agreement Sandusky had with the man that he would spend time with Sandusky and attend events and keep his grades up in exchange for money.
Many letters sent from Sandusky to "Victim 4" were handwritten on Penn State letterhead. The pictures included images of the boy with Sandusky and sometimes with football players.
2:17 p.m. Monday– The person referred to as “Victim 4” was the first to testify against Jerry Sandusky in court Monday.
The person said Sandusky started soap fights with him in the showers in buildings on Penn State’s campus, which eventually led to Sandusky touching and “caressing” him.
The soap fights led to Sandusky touching him and putting the boy’s hand on Sandusky’s body, and this eventually led to Sandusky pinning him on the floor and sometimes trying to force his penis into the boy’s mouth, the boy said.
He also said Sandusky would put his hand on his leg when they were driving, which bothered him.
“He would put his hand on my leg like basically like I was his girlfriend,” he said. “It freaked me out like extremely bad, I could not stand it."
During his contact with Sandusky, he said he attended many football games with Sandusky and was given many gifts by the former coach.
Growing up, he said he lived with his grandmother mostly and did not have much parental supervision. Outside of the incidents of abuse, the boy said, everything everything else Sandusky did for him was good.
“This is something good happening to me,” he said when asked if he ever considered speaking up about the offenses he said occurred. “I don't really have a dad around.”
He said he received letters from Sandusky once he tried to cut off contact with the assistant football coach – some, he described as “creepy love letters.”
One handwritten letter that was admitted into evidence was displayed on the screen in the courtroom stated, in part: “I know that I have made my share of mistakes however I hope that I will be able to say that I cared. There has been love in my heart.”
12:01 p.m. Monday – In Joe Amendola’s opening statement, the State College-based defense attorney reminded the jury that though lead prosecutor Joe McGettigan used the term “victims” in his opening statement, it is up to the jury to determine if there are any “victims” at all.
Amendola began his opening statement around 11 a.m., and immediately equated his task of defending Jerry Sandusky against overwhelming evidence of the prosecution to the task of climbing Mount Everest. Amendola also said Sandusky will tell the jury his story "in his own words."
“It’s David and Goliath,” Amendola said. “We have gone through boxes of evidence to try to present to you that [Sandusky] is innocent.”
Amendola went on to say that Sandusky simply loves helping children, and learned so from his parents who, as Amendola affirms, loved children so much they took over a recreation center to help kids.
In Amendola's opinion, Sandusky loved kids so much he would do things other people wouldn’t do. Amendola then went on to say Sandusky not only started the Second Mile for his love of helping children, but also adopted 6 children of his own for that reason.
Sandusky grew up in a generation where showering with other men is routine behavior, Amendola said, and Sandusky still affirms nothing sexual went on in the incidents in the showers.
The attorney went on to talk about Mike McQueary, who testified to the grand jury he saw something that appeared to be “sexual” in nature occur between Sandusky and the person referred to as “Victim 2” in the Lasch Football building in 2002 — a date later amended to Feb. 9, 2001.
McQueary, when asked by a doctor three separate times if he saw something sexual occur, said he only assumed sexual contact occurred, according to Amendola.
Amendola also said the evidence will eventually show that those people referred to as “victims” had a financial interest in the case.
10:40 a.m. Monday– During his opening argument, lead prosecutor Joe McGettigan showed jurors pictures of eight of those who say they were abused by Sandusky. The pictures show them at the ages they were when they said Sandusky abused them.
McGettigan began his opening argument at about 9:40 a.m. and briefly explained to jurors some of the stories of the alleged offenses that Sandusky is charged with that they will hear about from witnesses.
He explained that one of the boys Sandusky is charged with abusing is a Penn State graduate, two are recent high school graduates, and one is in the armed forces.
He said that, growing up, six of the 10 boys Sandusky is charged with abusing grew up without a father figure and three of those six did not ever know their father at all.
McGettigan put up a slideshow that said the words “humiliation,” “shame” and “fear” and said that all of the people who were allegedly abused by Sandusky experienced these feelings that ultimately led to silence for years.
He also explained to jurors the way the investigation began, with one person coming forward in 2008.
A major argument he made to the jurors was that Sandusky used his fame to “cultivate” the boys to spend time with him.
9:10 a.m. Monday– At about 9:10 a.m., Senior Judge John Cleland entered the courtroom and swore in jurors after seating them for the start of Jerry Sandusky’s trial.
Sandusky sat at the defendant’s table with his two attorneys, Joe Amendola and Karl Rominger.
After swearing in jurors, Cleland continued to talk to jurors about the importance of their job.
Cleland addressed the fact that many people on the jury may have connections to Penn State or people who are involved in the case. He said if he had any doubt the jurors could do their duty, they would not have been chosen.
“If, as a community, we can trust you to listen to the evidence and return a just verdict, then I think as a community we can trust you not to listen to the news or talk about the case with others,” he said.
He also defined each of the six different types of charges Sandusky is charged with for the jurors to understand.
Cleland spoke to jurors until about 9:38 a.m., at which point, opening arguments in the case began.