Entries in Mike McQueary (7)


Jerry Sandusky Jury Watches Reenactment of Testimony

Patrick Smith/Getty Images(BELLEFONTE, Pa.) -- The jurors deliberating the fate of Jerry Sandusky began their second day of discussions today by watching a reenactment of the testimony of eyewitness Mike McQueary, who said he interrupted what he thought was a sexual assault in the Penn State football team's showers.

The 2001 incident resulted in a string of charges relating to the boy, known as Victim 2, who was allegedly abused during that incident. Sandusky is charged with 48 counts of child sex abuse stemming from 10 alleged victims, and could be sentenced to life in prison if convicted.

The seven female and five male jurors requested to see a transcript of McQueary's testimony around 8:30 p.m. Thursday, after seven hours of deliberations, but Judge John Cleland advised them to wait until this morning, noting that McQueary's testimony is more than two hours long.

Today, prosecutors Joseph McGettigan and Frank Fina reenacted the testimony, with Fina sitting on the witness stand and reading McQueary's answers to McGettigan. Cleland said McQueary's testimony will run about two hours.

Victim 2 had never been identified by authorities and McQueary never saw actual sex when he interrupted what he said was skin-on-skin slapping sounds in the Penn State football team's showers. Alerted by the noise, he said he spotted Sandusky behind a young boy who was braced against a shower wall.

The testimony of a defense witness, McQueary's family friend John Dranov, was also requested by the jury Thursday night and will be read after McQueary's testimony today. Dranov testified that McQueary was upset, but told Dranov that he did not see sex taking place. Defense attorney Joseph Amendola and Karl Rominger will reenact Dranov's testimony, which is expected to last about 20 minutes.

The judge also told the jury that they likely would not be able to request to see any other witness testimony reenacted or read to them during deliberations.

"I understand why this particular exchange might be important to your deliberations, but as a practical matter, we can't go back and redo the trial, so with regard to other witnesses, unless it is extremely important I'm going to instruct you to rely on your memories," Cleland said.

Jurors must make their way through all of the 48 counts from the 10 separate alleged victims before returning a verdict, and have been encouraged by Cleland to work long days in order to do so quickly. They are sequestered for deliberations.

The jury began their deliberations Thursday and was sequestered during the night, leaving them unaware that after they started their work Sandusky's adopted son Matt -- who had defended the man who adopted him throughout the investigation -- issued a statement saying he had been prepared to tell the jury that he had been sexually abused, too. Matt Sandusky is one of six children Jerry Sandusky and his wife adopted.

Sources close to the case said that Matt Sandusky contacted prosecutors late last week to say that he was willing to testify. Prosecutors couldn't call him to the stand for direct questioning because he was not included in the charges against his father.

But they could have called Matt Sandusky to the stand as a rebuttal witness if Jerry Sandusky took the stand, sources said. Lawyers for Jerry Sandusky said they were considering allowing him to testify up until the last day of testimony Wednesday.

Copyright 2012 ABC News Radio


Jerry Sandusky Witness Tells of Staring at Coach in the Showers with a Boy

Patrick Smith/Getty Images(BELLEFONTE, Pa.) -- Penn State assistant coach Mike McQueary, a key prosecution witness in the trial of fellow football coach Jerry Sandusky, Tuesday yelled at a defense attorney when pressed about his claim that he saw Sandusky raping a young boy in the team's showers.

McQueary's confrontation with the defense lawyer came after he again described finding Sandusky and a boy locked in what he indicated was anal sex, and how he left after making a loud noise and looking at Sandusky, but not speaking to him.

The boy in the showers has never been identified, and McQueary's subsequent statements are at the heart of the university's dismissal of school president Graham Spanier and legendary football coach Joe Paterno, and criminal charges against two other school officials for not alerting police.

McQueary's testimony is a centerpiece of the state's case against Sandusky and is the first eyewitness account of molestation in the trial. McQueary's eventual statement to investigators, in addition to the alleged victims' own claims, led to Sandusky's arrest on 52 charges of child sex abuse.

McQueary followed to the stand a teenager being identified by ABC News only as Victim 1 whose wrenching story had jurors wiping tears from their eyes. Victim 1's story paralleled the story of Victim 4, who testified Monday that he was abused by Sandusky for years.

McQueary confidently gave the court a detailed description Tuesday of hearing "skin-on-skin slapping sounds" when he walked into the shower room of the Penn State football building on a Friday night in 2001 and seeing Sandusky pressed against a young boy in the shower.

He said he saw Sandusky and the boy, about 10 to 12 years old, in the shower with the boy pressed up against the shower wall and Sandusky behind with his arms wrapped around him "in closest proximity I think you can be."

McQueary said he stepped closer to look directly at the shower, instead of in the mirror, and that Sandusky and the boy separated and looked right at him. He then slammed his locker door shut loudly.

"We looked directly in each other's eye and at that time I left the locker room," McQueary said. "I made the loud noise in an attempt, I think, to say, OK, someone's here, break it up, please. Again I wasn't thinking quite 100-percent right. I'm used to pressure situations that was more than my brain could handle."

McQueary's statements about what he saw in the shower that night came under scrutiny after the prosecutor's office changed the date of the alleged event from 2002 to 2001, and McQueary's statements to his father, father's friend, and Penn State officials seemed to vary, according to grand jury testimony.

On cross-examination, Sandusky's defense attorney Karl Rominger questioned a tense McQueary about those inconsistencies.

McQueary said that although he described in "vague" terms to his father, his father's friend, and then his Penn State superiors what he saw, he was sure that they knew it was sexual.

McQueary, when pressed by Rominger, also said he "made sure Coach Joe knew it was sexual," referring to head coach Joe Paterno.

Rominger tried to show that McQueary had changed his story about what he saw to the people he told.

McQueary, raising his voice on the stand at Rominger, said that if his father's friend contradicted McQueary's account of events, he "would not call him a liar."

McQueary told the lawyer that Rominger was "playing semantics." When asked if he was sure Sandusky saw him in the locker room that night, McQueary said, "I'm a tall man," and "a big red-haired guy, most people see me wherever I go," causing laughter in the courtroom.

Rominger pressed McQueary for details about what he saw, confirming that McQueary never saw genitals or insertion, but McQueary said, "There's no way his genitals were not pressing up against the boy's rear end."

His testimony was the third major account of sexual abuse heard during the trial, and followed the halting, crying testimony of the man known as "Victim 1" Tuesday morning, the 18-year-old man who launched the sex abuse investigation into Sandusky.

Copyright 2012 ABC News Radio


Paterno Said to Delay Sex Assault Report to Avoid Ruining Weekend

Justin K. Aller/Getty Images(HARRISBURG, Pa.) -- Former Penn State head football coach Joe Paterno was in no hurry to forward to authorities a witness' report of a sexual abuse of a young boy because he didn't want to "interfere with their weekends," according to a deposition read in court Friday.

The man Paterno told about the abuse, former athletic director Tim Curley, testified in a deposition Friday that he didn't think it was a crime, so he didn't call the police.

Their testimony was among a series of accounts by Penn State officials who displayed a remarkable lack of urgency after a boy was allegedly sexually assaulted in a Penn State locker room shower in 2002 by former coach Jerry Sandusky.

The day ended with Judge William C. Wenner ruling that there was enough evidence to try Curley and former vice president of finance Gary Schultz on charges of perjury.

In a hearing at Dauphin County District Court Friday, Paterno's deposition was read in which he recounts being told by assistant coach Mike McQueary that he saw Sandusky fondling a boy.

Paterno, who is 84 and battling cancer, did not appear in court. His deposition was entered into the record.

"He (McQueary) had seen a person, an older person, fondling a young boy," Paterno testified. "I don't know what you would call it, but it was of a sexual nature. I didn't push Mike to describe it because he was already upset, but it was something inappropriate to a youngster."

"I didn't want to interfere with their weekends, (so) either Saturday or Monday, I talked to my boss, Tim Curley, by phone, saying, 'Hey we got a problem' and I explained the problem to him," Paterno said.

Curley, in his deposition, said he did not think the incident constituted a crime worthy of calling the police, despite admitting to the grand jury that he knew Sandusky had been seen showering naked with a boy and inappropriately horsing around and wrestling with him.

"I never reported it to University Police. I didn't think that it was a crime at the time," Curley testified.

The reactions by Paterno and Curley follow a pattern of lax responses by university and Second Mile officials to sex abuse allegations against Sandusky.

McQueary, who witnessed the 2002 incident in the locker room, said that rather than physically stopping the assault, or even saying anything to Sandusky while he was in the shower with the boy, he merely slammed his locker and walked out of the building.

Instead of calling the police, McQueary talked about it to his father and didn't call Paterno until the next day.

University president Graham Spanier was notified of the 2002 incident by Schultz and Curley but also did not report the incident to police.

The hearing Friday hinged on the testimony of Mike McQueary, who is the prosecution's main witness in the cases against Curley, Schultz and Sandusky.

One of Sandusky's attorneys, Karl Rominger, said Thursday that there was a simple explanation for why Sandusky would have been in a shower with the boy that night, and it was not sexual.

"Some of these kids don't have basic hygiene skills, teaching a person to shower at the age of 12 or 14 sounds strange to some people, but people who work with troubled youth will tell you there are a lot of juvenile delinquents and people who are dependent who have to be taught basic life skills like how to put soap on their body," Rominger told ABC affiliate WHTM.

Copyright 2011 ABC News Radio


Penn State Scandal: Testimony of Key Witness Reportedly Questioned

J. Meric/Getty Images(HARRISBURG, Pa.) -- The details of what Mike McQueary -- then a graduate assistant for Penn State's powerhouse football team -- did or didn't witness in a shower where former assistant coach Jerry Sandusky allegedly was sexually assaulting a 10-year-old will be parsed on Tueday during a scheduled preliminary hearing on the merits of the evidence in the case.

An article in Sunday's Patriot-News of Harrisburg, Pa., said a source knowledgeable of grand jury testimony in the case questions whether McQueary just heard what sounded like sexual activity or, as he has said repeatedly, actually saw a child being sodomized.

The 52 counts of sex crimes against boys with which Sandusky has been charged have hinged partly on that latter, stated recollection from McQueary.

McQueary has said he saw Sandusky sodomizing a boy who was standing with his hands against a shower wall in 2002, and that the pair turned and looked at him before he left the building.

But Dr. Jonathan Dranov, a friend and physician colleague of McQueary's father, Dr. John McQueary, remembers it differently.  Dranov told the grand jury that he also sat and listened as Mike McQueary gave his father that day-after eyewitness account.

According to the Patriot-News source in question, Dranov testified that McQueary said he heard "sex sounds" and the shower running, and a young boy stuck his head around the corner of the shower stall, peering at him as an adult arm reached around his waist and pulled him back out of view.

Seconds later, McQueary said, Sandusky left the shower in a towel, Dranov testified, according to the newspaper's source.

Dranov said he asked McQueary three times whether he saw anything sexual, and each time McQueary said no, according to the knowledgeable source.  Given that response, Dranov advised McQueary to inform head football coach Joe Paterno, rather than police, about what he witnessed.

Paterno, who was fired for not taking sufficiently decisive action about an alleged sodomy, has said the alleged assault was not graphically conveyed to him as a rape.  Moreover, the Patriot-News wrote, McQueary's story has been a key element to all the criminal cases, and the only evidence of an assault in 2002 that grand jurors heard.

Sandusky's attorneys likely will seize on that inconsistency to defend their client on Tuesday when the hearing starts.

The hearing will serve as a kind of mini-trial, replete with prosecutorial witnesses who likely will be cross-examined by attorneys defending Sandusky against 52 counts of sex crimes against 10 alleged victims.  Eight of them are expected to testify before Magisterial Judge Robert E. Scott, who will solely decide if there's probable cause for the case to proceed to trial in a county court.

Copyright 2011 ABC News Radio


Penn State Police Deny Witness Mike McQueary Alerted Them

J. Meric/Getty Images(UNIVERSITY PARK, Pa.) -- Police are baffled by Penn State assistant football coach Mike McQueary's claim that he told them about witnessing an alleged rape of a boy by another coach, Jerry Sandusky, in 2002.

McQueary has been at the center of the furor over the sex abuse scandal at the university, in part because the grand jury report states that after seeing Sandusky sexually assault a boy about 10, McQueary left without doing anything.

The report said McQueary reported the incident to former head coach Joe Paterno the next day. It also stated that no one at the school alerted police to the incident.

McQueary, who is now on administrative leave as a coach on the team, sent emails to friends and players this week saying that he did stop the alleged sex assault, and that he did speak to police about the incident.

"I did stop it, not physically...but made sure it was stopped when I left that locker room," he wrote.

McQueary also wrote in one of the emails, "I did have discussions with police and with the official at the university in charge of police.... no one can imagine my thoughts or wants to be in my shoes for those 30-45 seconds ... trust me."

It wasn't clear whether McQueary was referring to the campus police force or the force of the town of State College.

Neither department has a record of McQueary bringing the rape accusation to them.

McQueary's testimony to the grand jury that he witnessed the rape is central to the criminal allegations against Sandusky and two university officials. In the grand jury presentment released Nov. 4, McQueary witnessed the rape, left the locker room immediately, and then proceeded to tell his father and head coach Joe Paterno about what he saw.

Paterno told his supervisor, athletic director Tim Curley, who told Vice President of Finance and Business Gary Schultz. None of the officials ever reported the incident to police, which for Curley and Schultz constitutes the crime of failure to report the sexual abuse of a child to authorities.

Curley and Schultz also testified to the grand jury that they were not told a rape occurred, but rather that "something of a sexual nature" or fondling occurred.

If McQueary did go to the police following the incident, questions remain about why a police investigation was not launched and criminal charges were never pressed against Sandusky. If true, it would have been the second time police were notified of Sandusky inappropriately showering with a boy on campus.

Sandusky was previously investigated for showering with a boy on campus in 1998. Then-District Attorney Ray Gricar never pressed charges.

Copyright 2011 ABC News Radio


Penn State: Asst. Coach Placed on Leave, Candlelight Vigil for Victims 

J. Meric/Getty Images(STATE COLLEGE, Pa.) -- Penn State assistant coach Mike McQueary, was placed on indefinite paid administrative leave on Friday.

Acting President Rodney Erickson made the announcement on Friday saying McQueary could not function under the circumstances.

McQueary witnessed the alleged rape of a 10-year-old boy by Jerry Sandusky on the Penn State campus in 2002. He informed Coach Joe Paterno but did not intervene or call the police. Erickson said McQueary received numerous death threats.

Penn State students say they will hold a candlelight vigil on Friday evening for victims of sexual abuse.

Copyright 2011 ABC News Radio


McQueary Will Not Coach Saturday After Receiving Threats

Justin K. Aller/Getty Images(UNIVERSITY PARK, Pa.) -- Penn State assistant coach Mike McQueary will not be in attendance for Saturday's game against Nebraska after receiving "multiple threats," the school announced Thursday.

McQueary testified to a grand jury he saw former defensive coordinator Jerry Sandusky engaged in a sex act with a 10-year-old boy inside Penn State showers in 2002. He reported what he saw to head coach Joe Paterno following the incident, according to grand jury testimony.

In a statement released Thursday, the school said it would be "in the best interest of all" if McQueary did not attend Saturday's game.

The university's board of trustees announced Wednesday night that Paterno and president Graham Spanier would no longer be employed by the school, effective immediately.

Sandusky is charged with abusing at least eight boys over 15 years.

Copyright 2011 ABC News Radio

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