Ex-Penn State Coach Won't Speak on Child Sex Abuse Charges

Justin K. Aller/Getty Images(STATE COLLEGE, Pa.) -- Former Penn State football coach Jerry Sandusky refused to answer questions on Sunday about charges he molested eight boys over a 15-year period, telling ABC News his lawyers told him not to discuss the allegations.

"The situation is in the courts and I'm not to make any comments," Sandusky said outside his home in State College, Pa.

When ABC News asked again if he wanted to say that the charges against him were false, Sandusky again only said he could not say anything.

"Unfortunately, unfortunately, I'm not in the position to make any statements," he said.

Sandusky, who is a Penn State gridiron legend, having been a player and a long-time assistant coach for the Nittany Lions, will now be barred from campus, the university announced on Sunday.

Penn State athletic director Tim Curley and university vice president Gary Schultz are both being charged with perjury for allegedly not alerting police when they learned that Sandusky had allegedly sexually abused a young boy in a locker room shower in 2002.  The school said on Sunday it would foot the legal bill for them.

But state prosecutors say the university failed to follow up on the allegations or to notify police.

"There is no indication that anyone from the university ever attempted to learn the identity of the child who was sexually assaulted on their campus or made any follow-up effort to obtain more information from the person who witnessed the attack first-hand," Pennsylvania Attorney General Linda Kelly said.

Sandusky, 67, who retired in 1999, continued to use the team's practice facilities to work with underprivileged boys through a foundation he started called Second Mile.  The retired coach would use expensive gifts and trips to maintain contact with his victims, who were as young as 10 years old when the alleged abuse began, according to the investigation.

Sandusky allegedly even used his volunteer coaching job at a Pennsylvania high school, from which he was barred in 2009, to continue preying on a victim he had been abusing for years, the grand jury report said.  He would call the boy out of class for unsupervised meetings during the day, according to school officials.  A wrestling coach also testified to the grand jury that he encountered the victim and Sandusky lying face to face in a secluded weight room one evening.

The boy's mother reported her suspicions to the school and police were alerted.  Thus began a two-year investigation that led to Sandusky's arrest Saturday on 40 counts that even if found guilty on one, could send him to prison for the rest of his life.

Sandusky is free on $100,000 bail and is scheduled to attend a preliminary hearing on Nov. 9.

Curley and Schultz, who both stepped down from their posts late Sunday, are scheduled to surrender on Nov. 7.

Copyright 2011 ABC News Radio

Supreme Court Denies Appeal on Race Tainted Death Penalty Case

Hemera/Thinkstock(WASHINGTON) -- The U.S Supreme Court declined Monday to grant the appeal of a Texas death row inmate who claims race was improperly taken into consideration during the sentencing phase of his trial.

Duane Buck’s guilt for the death of his former girlfriend was never at issue, but Buck sought a new sentencing hearing because of testimony that contended that he posed a greater danger because he is black.

On Sept. 15, the court had halted Buck’s scheduled execution in order to review his case. But Monday, over the dissent of at least two justices, the court declined to rule in Buck’s favor.

Several justices took the rare step of publishing their reasoning in the case.

Buck’s lawyers had argued in the lower court that he should not be executed because Texas relied on improper racial testimony that was a basis for his capital sentence. At trial, psychologist Dr. Walter Quijano testified that Buck was African American and his race increased the likelihood of his being dangerous in the future.

Justices Samuel Alito, Antonin Scalia and Stephen Breyer released a statement Monday that said while the case concerns “bizarre and objectionable testimony” at the penalty phase of Buck’s capital trial, Quijano had been initially called to the stand as a defense expert by Buck’s lawyers.

The case was complicated by the fact that other inmates in other cases had been granted new sentencing hearings by the State of Texas because of similar testimony by Quijano. But Alito, Scalia and Breyer said, “The fact remains that this case is different from all the rest.”  The justices said, “This is the only case in which it can be said that the responsibility for eliciting the offensive testimony lay squarely with the defense.”

Justice Sonia Sotomayor, joined by Justice Elena Kagan, issued a written statement objecting to the court’s denial of Buck’s appeal. “Today the court denies review of a death sentenced marred by racial overtones,” Sotomayor wrote. She said that while the defense had called Quijano as a witness, the context of the prosecution's questions were “markedly different.”

On direct examination Sotomayor wrote, “Quijano referred to race as a part of his overall opinion that Buck would pose a low threat to society were he imprisoned.”

But the prosecutor revisited the issue, Sotomayor said, “in a question specifically designed to persuade the jury that Buck’s race made him more dangerous and that, in part on this basis, he should be sentenced to death.” Kate Black, and attorney for Duane Buck, who works for the Texas Defender Service released a statement after the Supreme Court’s decision.

“We are disappointed that the U.S. Supreme Court has for now declined to review Duane Buck’s case and will not be considering whether the reliance on Mr. Buck’s race as a basis for asking the jury to sentence him to death violated the Constitution,” she said. “It is now up to the State of Texas to ensure that Mr. Buck receives a sentencing hearing that is not impacted by the color of his skin.”

Copyright 2011 ABC News Radio

Toddler Missing after Washington Mom Left Car Unattended

iStockPhoto/Thinkstock(BELLEVUE, Wash.) -- The FBI has joined the search for a toddler missing since Sunday morning after his mother said she left him alone for an hour in an unlocked car in Bellevue, Wash.

The mother, whose name has not been released by police, said she was driving with her two children when she had run out of gas on busy 112th Ave.

She and her 4-year-old trekked about a mile to a nearby gas station to Northtowne Chevron Service, leaving 2-year-old Sky Metalwala in the car. When they returned to the 4-door silver Acura an hour later, she said the boy was gone.

There was no sign of forced entry, according to police, who stopped searching the area near the car on Sunday.

"They feel very confident that they were able to search the surrounding area where the child might have wandered off to," Bellevue police spokeswoman Carla Lafrate told ABC News affiliate KOMO Sunday.

Since then, more than 50 emergency responders have been searching a wooded area of Bellevue, using police dogs.

The child's uncle, Sam Metalwala, told KOMO the boy's parents are going through a divorce after being married for seven years. And for now, all the family can do is hope for a new lead.

"They just told us to wait by the phone, so we're just waiting by the phone to see," he said.

King 5 News reported the father hasn't had any contact with his children since January, and court records show "both parents were cited in December 2009 for leaving a child unattended" and subsequently asked to complete parenting classes.

Police said the family has been cooperating with investigators.

Sky is half Indian and half Caucasian, with brown eyes and dark buzz-cut hair. He was last seen wearing a dark green hooded sweatshirt with blue and gray striped Carter's pants.

Anyone who sees a child matching this description is asked to call 911 immediately.

Copyright 2011 ABC News Radio

GPS Devices to Track Suspects: Is It Constitutional?

Comstock/Thinkstock(WASHINGTON) -- The U.S. Supreme Court will hear a case Tuesday stemming from the use of a GPS device to track a drug suspect in Washington, D.C. The case in front of the court -- United States v. Jones -- deals with the conviction of Antoine Jones, who owned and managed a nightclub in Washington, D.C. Jones was convicted of drug charges after law enforcement used a variety of techniques to link him to co-conspirators.

One technique was an electronic tracking device, installed secretly without a valid warrant on a Jeep used by Jones.

An appeals court in Washington, D.C., reversed Jones' conviction, finding that the evidence obtained with the GPS device was in violation of the Fourth Amendment protection against unreasonable search and seizure.

Judge Douglas H. Ginsburg, writing for the majority of a three-judge panel of the United States Court of Appeals for the District of Columbia, differentiated between a conventional 24-hour surveillance conducted by law enforcement on public streets and the GPS technology that tracked Jones' movements on such streets 24 hours a day for nearly a month.

"Here, the police used the GPS device not to track Jones' movements from one place to another, but rather to track Jones' movements 24 hours a day for 28 days as he moved among scores of places, thereby discovering the totality and pattern of his movements from place to place."

The judge said that new technology tracking the totality of an individual's movement was different from traditional surveillance techniques.

Lawyers for the Obama administration are appealing the decision, arguing in court papers that all the Jeep's movements were "unquestionably exposed to public view" and, therefore, Jones did not have a "justifiable expectation that his public movements would remain invisible to private or government observation."

But Walter Dellinger, a lawyer for Jones, argued, "You may understand that your neighbor can observe you on a public street. What you cannot expect is that a neighbor would attach a GPS to your car and disclose your every movement."

The justices will also discuss whether the attachment of the device to the car parked in a private driveway violated the Fourth Amendment.

Privacy rights advocates say the case illustrates how new technology has transformed the debate regarding the Fourth Amendment's protection against unreasonable search and seizure.

Copyright 2011 ABC News Radio

Pipeline Protesters Encircle White House

Andrew Harrer/Bloomberg via Getty Images (WASHINGTON) -- Chanting “Yes we can … stop the pipeline,” thousands of people wearing bright orange vests encircled the White House on Sunday to protest the proposed construction of the Keystone XL pipeline, which would run from Canada, across the United States, to the Gulf of Mexico.  The Natural Resources Defense Council organized the protest.

“I’m opposing the XL pipeline … because the tar sands oil extraction is a very dirty process,” said John Mayux, from Luray, Va.  ”And the few thousand jobs that it would create, I don’t think would balance out the damage from the possible breaks in the pipeline.”

Protesters are upset by what they consider a change in position for President Obama.  Signs given to protesters quoted from one of his 2008 campaign speeches: “This was the moment when the rise of the oceans began to slow and our planet began to heal.”

Last week, Obama said in an interview with Nebraska’s KETV that despite potential damage to the environment, he would consider allowing construction of the pipeline, in part, to create jobs.

Matthew Patterson, who brought his wife and three children from Vermont, worked on the Obama campaign in 2008, but said his support is waning and hinges on this decision.

“Sometimes I feel that we’re in his back pocket, and from his perspective, that we’ll vote for him anyway,” Patterson said.  ”But I think he might be surprised.  He’s got some promises to fulfill to those of us who worked very hard on the campaign in ’08.  So that’s why we’re here.  Hopefully he’ll make the right decision for our future.”

The crowd represented a full spectrum of age groups -- children brought by their parents, college students, adults and senior citizens.

Copyright 2011 ABC News Radio

Florida Opens Door for Owners to Surrender Exotic Pets

Courtesy Florida Fish and Wildlife Conservation (ORLANDO, Fla.) -- The Florida Fish and Wildlife Conservation held its first Exotic Pet Amnesty Day on Saturday -- an event for exotic pet owners looking to give up their animals, no questions asked.

In all, 64 animals were turned in, including a leopard gecko, two Madagascar giant chameleons, pythons, boas, turtles, fish, and about 30 Australian sugar gliders -- marsupials from Australia similar to flying squirrels -- according to the FWC.

During the event, pet owners were allowed to turn in their animals without facing any consequences.  But according to FWC officials, most people who turned in animals said they just couldn't keep them.

"In many cases, people said they just couldn't care for them anymore.  One of the turtles kept growing and they couldn't accommodate its space needs," FWC's Joy Hill told ABC News.

"Things just got out of control for the woman who impulsively bought a sugar glider and then a couple more to breed with it," Hill said.  "She ended up turning in about 25 of them, including a few little babies -- they are prolific breeders."

Veterinarians at the event taught attendees about the animals and their proper care, and all of the animals were adopted by individuals or facilities capable of caring for them, as determined by the FWC.

The main idea behind the event, and the no-questions-asked policy, is to prevent people from simply releasing the animals into the wild once they can no longer care for them -- a practice that can cause some serious problems, Hill said.

Last month, the release of dozens of dangerous animals from a private farm in Ohio drew national attention to the problem.  Before killing himself, owner Terry Thompson opened the cages of his dozens of lions, tigers, bears, wolves, and monkeys, many of which were killed while running loose.

The tragedy in Ohio prompted renewed calls for stricter laws regarding the ownership of exotic animals.

Copyright 2011 ABC News Radio

Jack the Cat Dies from Wounds

Facebook(NEW YORK) -- Jack the cat, the Norwegian Forest kitty that captured hearts across the country when he was found seven weeks after getting lost at New York's JFK airport, died on Sunday.

According to a statement made on his fan Facebook page, the five-year-old feline was euthanized Sunday by a veterinarian after succumbing to his wounds.

“Jack had extensive wounds on the back of his body, and the wounds were unable to heal because his skin had deteriorated due to the malnutrition that occurred while he was lost … The vet compared his skin condition to having severe burns over 50-60 percent of his body,” the statement read.

“The vet was very clear that she had conferred with every possible doctor regarding options for Jack, but none of them left him with a substantial chance of survival and all of them involved him suffering,” the statement continued.

American Airlines said in a previous statement that they assumed responsibility for covering Jack’s veterinary and medical expenses after he was found on Oct. 26 -- nearly two months after becoming lost when his owner, Karen Pascoe, was traveling from New York to California.

Copyright 2011 ABC News Radio

Second Earthquake Hits Oklahoma

Getty Images(SPARKS, Okla.) -- A second earthquake shook Oklahoma on Saturday night, nearly a day after a 4.7 magnitude quake struck the state.

The U.S. Geological Survey says the Saturday earthquake occurred at 10:53 p.m. with its epicenter close to Sparks, a small town 44 miles from Oklahoma City. Shakes were reportedly felt in several states including Illinois, Texas and Arkansas.

The 5.6 magnitude quake, which is the largest to ever hit the state, shook buildings but evidence of major structural damage may not be known until officials complete assessing affected areas. Inital damage reports include the buckling of at least two sections of a highway.

The quake, with a shallow depth of 3.1 miles, produced several afteshocks on Sunday.

No injuries were reported from both earthquakes and aftershocks.

Copyright 2011 ABC News Radio

45,000 Run in 2011 ING NYC Marathon

John Foxx/Thinkstock(NEW YORK) -- Update: Geoffrey Mutai from Kenya  is the new NYC Marathon Champion with a new course record time of 2 hours, 05 minutes and 06 seconds. He was followed by fellow Kenyan Emmanuel Mutai and Tsegaye Kebede of Ethiopia.

Firehiwot Dado of Ethiopia won the women's race in a time of 2 hours, 23 minutes and 15 seconds, beating fellow Ethiopian Buzunesh Deba.

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On Sunday more than 45,000 people will run the 2011 ING New York City Marathon.

The marathon, whose course starts on Staten Island at 9 a.m., goes through all five boroughs and ends in Manhattan, will raise an estimated $35 million for the city.

Faces to watch in the women's race are 2011 Boston Marathon Champion Caroline Kilel from Kenya,  Inga Abitova of Russia and Werknesh Kidane of Ethiopia, wife of defending 2010 NYC marathon champion Gebre Gebremariam.  

In the men's race 2009 champion Meb Keflezighi from the United States will compete against a strong field of Ethiopians Gebremariam and Tsegaye Kebede  as well as Kenyan Matthew Kisorio.

Copyright 2011 ABC News Radio

Ex-Penn State Coach Accused of Child Sex Abuse

Thomas Northcut/Thinkstock)(HARRISBURG, Pa.) -- An ex-Penn State University football coach was arrested on Saturday for charges of sexually abusing children he worked with in an at-risk youth program, and the school's athletic director and another administrator were accused of lying about the abuse case.

Jerry Sandusky, who was the Nittany Lions' defensive coordinator before he retired in 1999, was arraigned on 40 criminal counts connected to the alleged sexual abuse of eight boys and released on $100,000 bail, according to the state attorney general’s office.

The two other university officials — athletic director Tim Curley, 57, and vice president for finance and business Gary Schultz, 62, — are charged with perjury and failure to report Sandusky's behavior. Prosecutors said the two men were expected to turn themselves in Monday in Harrisburg.

"Mr. Sandusky was taken into custody this morning by agents from the attorney general's office and Pennsylvania State Police," Pennsylvania state attorney general spokesman Mils Frederiksen said. "Mr. Curley and Mr. Shultz are scheduled to surrender in Harrisburg on Monday."

Frederiksen said there was compelling evidence against the coach.

“A graduate student at Penn State University who discovered or allegedly discovered Sandusky assaulting a young boy in the showers in the football building in the locker room of the Penn State University Campus,” he said.

In addition to coaching at Penn State, Sandusky worked with at risk children through his Second Mile foundation, the prosecutors’ spokesman said.

"We believe that all eight of the victims he's accused of sexually assaulting were identified and were part of the Second Mile program," Frederiksen said.

Penn State legend Joe Paterno, the team's longtime head coach, was not charged, authorities said.

Penn State President Graham Spanier said it was "appropriate" that the "troubling" allegations about Sandusky be investigated. But he said Curley and Schultz have his "unconditional support."

"I have known and worked daily with Tim and Gary for more than 16 years.  I have complete confidence in how they have handled the allegations about a former University employee," he said. "Tim Curley and Gary Schultz operate at the highest levels of honesty, integrity and compassion.  I am confident the record will show that these charges are groundless and that they conducted themselves professionally and appropriately."

Schultz' attorney Tom Farrell and Curley's lawyer Caroline Roberto said their clients were not guilty and the charges would be proven to be false.

Copyright 2011 ABC News Radio