McQueary Describes 2002 Shower Incident as 'Extremely Sexual'; Charges against Schultz, Curley Bound over for Trial
HARRISBURG, Pa. — Perjury and failure-to-report charges against longtime Penn State administrators Tim Curley and Gary Schultz were bound over for trial Friday, capping preliminary hearings that ran more than four hours here at the Dauphin County Courthouse.
District Judge William Wenner ruled there is enough evidence to send the men's cases to trial. He heard from five witnesses — including assistant Penn State football coach Mike McQueary — before rendering his decision.
Wenner also heard readings of earlier grand jury testimony provided by Curley, Schultz and former football coach Joe Paterno.
Curley and Schultz, in grand jury testimony, indicated they were not aware of the severity of the allegations against Jerry Sandusky, the former defensive coordinator. But McQueary, in his testimony Friday morning, said that he reported — directly up the chain of command — that he observed a sexually charged incident involving Sandusky and a young boy in the Lasch football building.
McQueary testified that, during the March 2002 incident, he heard rhythmic slapping sounds two to three times inside a Lasch shower facility. The boy appeared to have his hands up against a wall, according to McQueary's testimony. McQueary said it was extremely sexual and some kind of intercourse was going on.
"There's no question in my mind that I conveyed to them that I saw Jerry in the showers and that it was severe sexual acts and that it was wrong and over the line," said McQueary, who was dressed in a dark suit and was firm and certain in all of his answers. He repeatedly addressed counsel as "sir" and "ma'am."
That Lasch incident was on a Friday in March 2002, according to McQueary's testimony. The next morning, he said he called Paterno.
"He said, 'I don't have a job for you. If that's what it's about, don't bother coming over,' " McQueary recalled Paterno telling him. "I said, 'Coach, it's about something much more serious. I need to come over and see you.' "
McQueary then went over to his house and talked face-to-face with Paterno in his kitchen. It was during this meeting McQueary chose not to go into explicit detail about what he saw.
"It was way over the lines. It was extremely sexual in nature and I needed to tell him about it," McQueary said. "You don't go to Coach Paterno and go through great detail of sexual acts. You just don't do that."
"I'm sorry you had to see that," Paterno told McQueary upon learning of the allegations, according to McQueary's testimony. "It's terrible."
Curley and Schultz met with McQueary at the Bryce Jordan Center within days after he talked with Paterno, according to McQueary's testimony.
Curley and Schultz told McQueary they would investigate, and four days after the meeting, Curley called to tell him Sandusky's charity, The Second Mile, was informed of the incident and Sandusky was not to bring children to campus anymore, McQueary said, adding he has not seen Sandusky with a child on campus since.
McQueary said Paterno checked up on him two or three months later, asking if he was OK.
Curley and Schultz are accused of helping to cover up concerns about alleged sexual abuse by Sandusky. They also are accused of lying to the grand jury that's investigating the claims against Sandusky.
"Nothing happened [Friday] that we from the defense team didn't expect," said Caroline Roberto, Curley's counsel.
Said Schultz's attorney, Tom Farrell: "I am a father and there's something I tell my children and it's that actions speak louder than words. That’s how you have to judge the testimony you heard today; that’s how you have to judge this situation; that’s how I’ll ask a jury to judge the situation."
Lawyers for Curley, Schultz and Sandusky have said repeatedly that their clients are innocent. In court on Friday, they said there's insufficient evidence against their clients.
To prove perjury, Roberto believes there needs to be a corroborating account in addition to McQueary's that says her client knew the events described in the 2002 incident were sexual in nature. This would seem unlikely given McQueary, Curley and Schultz were the only three who met at the Jordan Center.
But prosecutors say they only need corroborating evidence, which they have yet to disclose. Friday, only a low burden of proof was required to move the case to trial.
In issuing his decision, Wenner set bail for Curley and Schultz at the same level where it's been since early November, when the charges against them were filed. That's $75,000 — unsecured — apiece. Curley and Schultz also have been required to give up their passports.
Sandusky, charged with 52 criminal counts, waived his preliminary hearing on Tuesday in Bellefonte. The hearings for Curley and Schultz were held in Dauphin County because that's where they are alleged to have perjured themselves.
In a statement issued Friday evening, Sandusky's attorney, Joseph Amendola, said he was unable to attend Friday's hearing and would not comment on the testimony until he had a chance to review the transcript of the proceeding.
Transcripts of Paterno's, Curley's and Schultz's testimony from January should be available in three-to-five days, a prosecution rep said.
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