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Judge Finds Probable Cause for Perjury Charges; Curley, Schultz Cases Forwarded for Trial Phase

by on December 16, 2011 5:31 PM

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5:31 p.m.: Details of Joe Paterno's grand-jury testimony, as read aloud in court Friday, are outlined in this news story. --AS

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4:22 p.m.: We've posted more photos that were taken outside the Dauphin County Courthouse today. They're available in this updated gallery. --AS

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3:56 p.m.: We've posted an updated, concise overview of today's developments on this page. We'll have more coverage in the hours to come. --AS

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3:18 p.m.: Via Nate Mink: Judge Wenner, the presiding judge, has ruled there is probable cause that Schultz, Curley perjured themselves. Their cases now appear bound for trial. We'll have more details soon. --AS

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3:10 p.m.: Via Anna Orso: Defense attorney Farrell is arguing now, saying that the "allegedly perjurious statements are ambiguous." --AS

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3:05 p.m.: Nate Mink tweets: "Roberto argues McQueary downplayed account to Paterno. Sexual intercourse and fondling qualitatively different in meaning," she argues. --AS

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2:59 p.m.: The reading of Schultz's grand-jury testimony has concluded. He appeared before the grand jury for 50 minutes, Nate Mink reported.

Now defense attorney Roberto is making an argument, according to Mink. She is saying that perjury goes beyond a he-said-vs.-he-said matter, Mink reported. --AS

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2:46 p.m.: Via Nate Mink: Schultz, in his grand-jury testimony, said he never met with Sandusky about alleged incidents in 1998 and 2002.

Via the Patriot-News: Schultz told the grand jury that he thought the alleged 1998 incident, as described and reported, was inappropriate, but that he didn't have much information about it.

Via Amy Worden: Spanier was aware of 1998 and 2002 incident reports involving Sandusky, Schultz told the grand jury. --AS

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2:29 p.m.: Curley's testimony before the grand jury lasted 39 minutes, Nate Mink reported. The reading of that testimony is now complete, and the reading of Schultz's grand-jury testimony is now beginning, Bill Wadell reported. --AS

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2:23 p.m.: Via Bill Wadell: Curley, in his grand-jury testimony, "admitted that it was his decision to contact The Second Mile and not police. Alerted Graham Spanier of the actions he made." --AS

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2:18 p.m.: Via Nate Mink: In his grand-jury testimony, Curley said he met with Sandusky, didn't think a crime had been committed and didn't file a report with police. He said he was not aware of other allegations of sexual misconduct by Sandusky. --AS

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2:11 p.m.: Via Nate Mink: Curley, in his earlier testimony before the grand jury, said that McQueary never told him anything sexual was going on in the shower at Lasch. --AS

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2:07 p.m.: Joe Paterno's testimony as provided in January 2011 has been read in court, WJAC's Bill Wadell tweeted. That took about seven minutes, he reported.

Wadell: "Officials now reading Curley's testimony" as it was delivered to the grand jury. --AS

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1:49 p.m.: The proceedings are about to resume for the afternoon. This part of the hearings is likely to include a reading of testimony that Joe Paterno has provided, Nate Mink reported. --AS

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12:22 p.m.: The proceedings have recessed until 1:45 p.m., Nate Mink reported. --AS

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12:17 p.m.: The last witness is on the stand, according to Nate Mink. He is Anthony Sasso, an agent for the state Office of Attorney General. --AS

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12:10 p.m.: John McQueary has left the stand after talking about conversations he had with Schultz and Dr. Jonathan Dranov, according to Nate Mink. Up now is Shannon Manderbach, a court reporter who worked during grand-jury proceedings in Harrisburg, Mink reported. --AS

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11:41 a.m.: We've posted an image of Mike McQueary leaving the Dauphin County Courthouse within the past hour. It's added to the photo gallery on this page; our managing editor, William Derrick, shot it. --AS

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11:39 a.m.: Harmon has now left the stand, Nate Mink reported. Testifying at this point is John McQueary, Mike McQueary's father. --AS

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11:25 a.m.: McQueary concluded his testimony by 11:10 a.m., according to tweets from Nate Mink. Former Penn State police official Tom Harmon is now testifying.

Per Nate Mink: Among his remarks so far, Harmon has talked about an investigation into an alleged 1998 incident involving Sandusky. --AS

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11:20 a.m.: Karl Rominger, an attorney working with Joseph Amendola to represent Jerry Sandusky, spoke with reporters this morning outside the Dauphin County Courthouse.

Among his remarks, Rominger said of McQueary: "Which version are we going to hear?"

StateCollege.com Managing Editor William Derrick shot and edited video of Rominger's comments. It's available here. --AS

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10:48 a.m. Tom Farrell, a defense attorney representing Schultz, is now cross-examining McQueary, Nate Mink reported. (Roberto, noted earlier, represents Curley.)

Collegian reporter Anna Orso tweeted that Farrell has taken a rather spunky stance in the courtroom. He has "hands on his hips, arms crossed sometimes," she tweeted.

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10:37 a.m.: Still being cross-examined, McQueary has testified he never confronted Sandusky about what he saw in the Lasch facility, Philadelphia Inquirer reporter Amy Worden tweeted.

Per Nate Mink: In discussing that Lasch incident with Paterno, McQueary testified, he is sure he used the term "fondling." But "you don't go to Coach Paterno with great details of sexual acts," McQueary said. --AS

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10:22 a.m.: McQueary is now being cross-examined by Caroline Roberto, a defense attorney, reporters are tweeting. Per a tweet from Morning Call reporter Andrew McGill: In the March 2002 incident at Lasch, McQueary said, he could not see the boy's facial expression.

"Sandusky's face was blank when he saw McQueary" during that incident, McGill tweeted, citing McQueary testimony. --AS

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9:59 a.m.: All via Nate Mink: Four or five days after the meeting at the Jordan Center, McQueary testified, Curley called McQueary to follow up. Curley said that The Second Mile had been contacted and that Sandusky wasn't to bring kids to the Lasch facility anymore, per McQueary's testimony.

McQueary said no police ever came to speak with him until October or November 2010. In his mind, he said, speaking with Curley and Schultz "was like speaking to a DA." --AS

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9:48 a.m.: All via Nate Mink: Joe Paterno, told of McQueary's account of what happened at Lasch, said: "I'm sorry you had to see that. It's terrible," according to McQueary's testimony.

Curley followed up nine or 10 days later with a phone call to McQueary, per McQueary's testimony. A meeting with Curley and Schultz followed in a room at the Bryce Jordan Center, McQueary said. --AS

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9:38 a.m.: McQueary's testimony is continuing. He said he talked to Joe Paterno about what he saw in the Lasch facility, per Nate Mink. McQueary also said he told Paterno what he saw was extremely sexual in nature. --AS

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9:24 a.m. (Warning: This post includes graphic content): McQueary is testifying now about a March 2002 incident in the Lasch football facility, reporters are tweeting. Accounts as reported are graphic. A tweet from Nate Mink: "McQ says he heard rhythmic slapping sounds 2-3 times, skin on skin. Alarmed, he turned to locker, saw in mirrors at 45 angle."

Another tweet from Nate Mink: "McQ says he saw shockingly Jerry (Sandusky) in shower with boy that appeared to have hands up against the wall facing wall. Hands shoulder heighth."

And another: "McQ said Jerry's hands around boy's waist. Did not see insertion but believes he saw sexual molestation and some type of intercourse." --AS

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9:12 a.m.: Via Nate Mink: McQueary is up first to testify. He walked in the courtroom with a slow gait. --AS

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9:08 a.m.: Schultz and Curley have arrived in the courtroom, StateCollege.com's Nate Mink is reporting. He says Bruce Beemer will lead the prosecution. --AS

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9 a.m.: Attorney Karl Rominger, one of the defense lawyers representing Jerry Sandusky, is tweeting today as @karl_rominger. He will not be allowed in the courtroom for the Schultz, Curley preliminary hearings, according to one of his tweets. --AS

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8:54 a.m.: We've started a photo gallery from Dauphin County, including images of Curley and McQueary arriving at the courthouse. We'll be updating this photo page through the day. --AS

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8:31 a.m.: Schultz and Curley both have arrived at the courthouse, StateCollege.com's William Derrick is reporting from the scene. Mike McQueary, an assistant Penn State football coach, has arrived, as well, according to Derrick. News analysts have speculated whether McQueary may testify during the hearings today. --AS

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8:24 a.m. Dec. 16: Gary Schultz and Tim Curley, two longtime Penn State administrators accused of perjury and failure to report, are due to appear for preliminary hearings at 9 a.m. Friday in the Dauphin County Courthouse, in downtown Harrisburg.

StateCollege.com will be posting updates on this page throughout the day. Reporter Nate Mink -- on Twitter as @MinkNate -- is in the courtroom and will be reporting from there. Updates also will be tweeted via @SCNewsDesk.

Both Schultz and Curley, through their lawyers, have said that they're innocent. A preview of the preliminary hearings is posted on this page.

Earlier coverage is available via the page linked below. --Adam Smeltz

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The staff of StateCollege.com prepared this article. Reach us at (814) 238-6201.
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Paterno Testimony Released at Hearings, Cites Awareness of 'Fondling' Claim
December 16, 2011 5:23 PM
by Nate Mink
Paterno Testimony Released at Hearings, Cites Awareness of 'Fondling' Claim
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