Penn State official mired in Sandusky scandal wants to be cleared

When Penn State's Gary Schultz stepped down in November after an emergency meeting of the Board of Trustees amid the Jerry Sandusky child sexual abuse scandal, he said he hadn't done anything wrong.

Now he wants a judge to agree with him.

Schultz, former senior vice president for finance and business at Penn State, on Tuesday asked a judge to throw out charges against him, according to the Associated Press. He maintains -- then as now -- that he did not lie to a grand jury investigating Sandusky, a former assistant football coach.

Lawyers for Schultz and former Penn state athletic director Tim Curley said in November that the state attorney general had mounted a "flimsy and irresponsible case" against the two men, the Patriot-News reported at the time. Curley and Schultz are each facing a charge of perjury for allegedly lying to the grand jury.

It wasn't perjury, Schultz's lawyer Tom Farrell says, according to records obtained by the AP. Schultz says he was simply stating his opinion when he told the grand jury that allegations he heard in 2002 about Sandusky were "not that serious" and that he believed it wasn't clear that a crime had occurred.

Former Penn State graduate assistant Mike McQueary has said that he told both Schultz and Curley in 2002 that he'd seen Sandusky and a boy -- both of them naked -- in a football locker room shower.

As The Times reported in December, McQueary testified that he was embarrassed because he instinctively knew something sexual was going on. He said he saw Sandusky with his arms wrapped around the boy's waist.

The meeting between McQueary and Curley and Schultz is central to the charges against the two former administrators.

The AP reports that Schultz also joined a motion filed Monday by co-defendant Curley, challenging a failure-to-report charge. They maintain that the law was different in 2002, when McQueary informed the pair that Sandusky was in the campus shower with a young boy.

A spokesman for the attorney general's office told the AP on Tuesday that the agency had not received the filings but would review them when it had.

Sandusky most recently took the stand Friday, when a judge ruled that he could visit with his grandchildren. He stands accused of molesting at least 10 boys through a charity he founded, the Second Mile. He has denied all charges.

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Photo: Former Penn State vice president Gary Schultz enters the courtroom for his arraignment Nov. 7 in Harrisburg, Pa. Credit: Jason Plotkin / York Daily Record

Jerry Sandusky can visit grandchildren, step outside, judge says

 

Jerry Sandusky will get a local jury in his trial on child sex-abuse charges and will be allowed to visit with his grandchildren, a judge ruled Monday in giving the former Penn State football coach several victories.

Centre County Judge John M. Cleland also rejected a prosecution request that Sandusky  be confined inside his home while under house arrest. Neighbors have complained that Sandusky, while outside his home, was able to watch children at a nearby school.

“The generalized concerns of parents, while understandable, cannot justify additional bail restrictions in the absence of some evidence from the commonwealth that the defendant's presence or behavior on his deck presents a danger to the community,” Cleland wrote.

The rulings follow a Friday hearing at which Sandusky took the stand.

Sandusky is accused of molesting at least 10 boys through a charity he founded, The Second Mile. Some of the alleged assaults took place at Penn State, where Sandusky would bring children on field trips. The former coach has denied all charges.

The child sex-abuse scandal rocked the university and the nation, eventually leading to the dismissal of the school's head football coach, the late Joe Paterno, and school president Graham Spanier; both were criticized for failing to act more aggressively in having law enforcement officials investigate Sandusky. Further, two Penn State administrators are awaiting trial on charges they lied to a grand jury investigating Sandusky. Both administrators have denied those charges.

The prosecution had wanted to draw people for the jury pool from outside Centre County, where Sandusky lives and where the university is located, arguing that it would be difficult to find a jury that hadn’t been tainted by the flurry of publicity surrounding the case. The defense, however, disagreed.

Jerry Sandusky: Child sex abuse trial tentatively set for May 14

The judge presiding over the Jerry Sandusky child sex abuse case set a tentative trial date of May 14 and said he will rule quickly on several pending issues raised in a pretrial hearing on Friday.

Sandusky, the former Penn State assistant football coach accused of sexual contact with 10 boys over a 15-year period, briefly spoke at the proceeding, saying a jury from within Centre County (where he lives) would be no more biased than one from outside the county. The prosecution is seeking a jury from outside, arguing that it would minimize the effects of publicity in the case.

Already the case and the surrounding onslaught of publicity have led to the firing of Penn State head coach Joe Paterno and the school president. Paterno died Jan. 22 at age 85. He had been diagnosed with lung cancer in November, just days after his dismissal.

Judge John Cleland did not immediately rule on the jury-composition issue. Nor did he rule on Sandusky's request to modify the conditions of his bail so that he could visit with his grandchildren and meet with his lawyer on the case.

In televised remarks after the hearing, Sandusky told reporters that he misses his 11 grandchildren and would like them to visit his home and to be able to electronically communicate with them.

"I have a wife who came home after visiting with grandchildren or who's sitting there when grandchildren call on my birthday, and they ask to talk to me, and she has to tell them that they can't. I'm sensitive to that," he said.

"Or when she comes home from visiting with grandchildren and tells me that one of them said that 'the only thing I want for my birthday is to be able to see Papa,' I'm sensitive to that," he said.

The prosecution also wants to change the terms of Sandusky's bail, but to further limit the 68-year-old’s activities.

Anthony Sassano, a state investigator, testified that neighbors and personnel at a nearby school were worried that Sandusky's occasional presence on the back deck of his College Park home had disrupted activities at the school.

After posting $250,000 in bail, Sandusky has been under house arrest and is subject to electronic monitoring.

"House arrest is not meant to be a house party," Senior Deputy Atty. Gen. Jonelle Eshbach wrote in the state's papers. "In order to allay the genuine fears of the community, defendant should be confined to his house."

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Photo: Jerry Sandusky pauses while speaking to the media at the Centre County Courthouse after a pretrial hearing on Friday. Credit: Alex Brandon / Associated Press

Jerry Sandusky: Bail and jury issues on agenda in sex-abuse case

The child sex-abuse case of former Penn State assistant football coach Jerry Sandusky returns to  court  Friday, with jury composition among the issues on the agenda.

In pretrial motions filed this week, the defense is seeking to modify the bail requirements for Sandusky, and the prosecution is seeking a jury from outside the county. Lawyers on both sides were not immediately available to comment.

Sandusky is accused of abusing boys over a 15-year-period, which he has repeatedly denied. The charges and ensuing scandal led to a major shakeup at Penn State, where some of the incidents were alleged to have taken place. The late football coach Joe Paterno was fired during the scandal, as was the school president.

According to reports of the filings, the state is seeking to create a jury pool from people outside the county, a move designed to protect their case from a tidal wave of pretrial publicity. That publicity could conceivably taint the pool of deciders.

The defense opposes bringing in out-of-towners, saying that those potential jurors also probably have seen, heard or clicked on the flood of stories. The defense suggests that a trial delay might be a better cure for the problems associated with pretrial publicity.

Sandusky’s response on having residents comprise his jury comes as the prosecution argues that the 68-year-old former coach should be ordered to stay inside his house. Neighbors and teachers at a nearby elementary school have said he has been standing outside and watching children at play.

Since posting $250,000 in bail, Sandusky has been under house arrest and electronic monitoring at his him in College Park, Penn. The defense is asking the court to allow Sandusky to have supervised visits with friends and grandchildren and to allow him to travel to meet with his lawyer and investigators.

“House arrest is not meant to be a house party,” Senior Deputy Atty. Gen. Jonelle Eshbach wrote in the state’s papers. “In order to allay the genuine fears of the community, defendant should be confined to his house.”

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Photo: Former Penn State University assistant football coach Jerry Sandusky, left, walks with his attorney Joe Amendola, right, in December as he leaves the Centre County Courthouse in Bellefonte, Pa. Credit: Gene J. Puskar/Associated Press

Joe Paterno dies: Sex abuse scandal fires emotional reaction

The death of Joe Paterno, as well as false reports of the former Penn State football coach's death, have unfolded on Twitter in the last 24 hours.

It was a tweet from his son Scott Paterno at 9:30 p.m. Saturday that spelled out plainly that previous reports that his father had died were incorrect: "CBS report is wrong - Dad is alive but in serious condition. We continue to ask for your prayers and privacy during this time."

But a trio of tweets from Scott on Sunday morning, after the former coach's death, gave a note of finality to the saga as he sent thanks to a range of people.

PHOTOS: Joseph Paterno 1926 - 2012

"My family wants to express our heartfelt thanks to the hospital staff and doctors. They were amazing and caring - Thanks isn't enough."

"We would also like to thank all of the tens of thousands of people who have been praying - your kindness continues to sustain us."

"Finally, to Penn Staters, past and present, know that Dad loves you all and has always loved being part of your family."

PHOTOS: Joe Paterno fired as Penn State football coach

Paterno's "inglorious exit" from his Penn State job, as The Times' Chris Dufresne reported Sunday, was wrapped up in allegations against his former defensive coordinator Jerry Sandusky, who has been accused of sexually abusing boys. And that aspect of Paterno's career has fed the emotional response to his death, which flowed Sunday on Twitter and elsewhere.

Many called for a focus on the positive; others ignored the controversy altogether.

In a statement released Sunday, President George H.W. Bush said: "I was deeply saddened to hear of the passing of Joe Paterno. He was an outstanding American who was respected not only on the field of play but in life generally — and he was, without a doubt, a true icon in the world of sports. I was proud that he was a friend of mine. Barbara and I send our condolences to his devoted wife Suzanne and to his wonderful family."

Dave Brandon, athletic director at the University of Michigan, said this on Twitter: "The U-M Athletic Dept expresses its condolences to the Paterno Family on Joe's passing. Very sad. May he RIP"

And Urban Meyer, the new coach at Ohio State, tweeted: "RIP Penn State Coach Joe Paterno."

ESPN's Adnan Virk: "Beano Cook just said on @espnradio "the cause may have been lung cancer but I think Joe Paterno died of a broken heart. I really do"

Amid the praise on Twitter were scattered notes of bitterness.

"Joe Paterno died? I think the appropriate response is to look the other way and pretend it didn't happen" (BlazedDonuts).

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Photo: People gathered around a statue of Joe Paterno outside Beaver Stadium on the Penn State University campus console each other after learning of his death Sunday. Credit: Gene J. Puskar / Associated Press

New Penn State president: We want to honor Joe Paterno

New Penn State President Rodney Erickson, tasked with guiding the school past a devastating child sex-abuse scandal, may be creating new controversy: He called this week for disgraced former football coach Joe Paterno to be honored.

"We will certainly want to honor Joe as the future unfolds," Erickson said while meeting with alumni in Pittsburgh, the first of three such meetings intended to rebuild trust in the school.

Paterno had long been lionized in the college sports world for his winning ways -- that is, until he was fired in November amid allegations that he put the interests of the school's football program above all else. Specifically, he's alleged to have helped downplay suspicions that a member of his coaching staff was abusing boys; Paterno admitted that he should have done more.

Photos: The Penn State sex abuse scandal

Erickson faced a series of tough questions from an audience that wanted details about the school's handling of the child sex-abuse scandal. And some in attendance said they were disappointed that Erickson's actions since assuming the helm of the beleaguered school seemed to raise more questions.

For one, Erickson hasn't spoken to Paterno. "I would think one of the first things on his to-do list would be to send a note to Joe. And he didn't do that," Jean Spadacene told the Associated Press, which covered the first of the three meetings.

Erickson also failed to answer a question about legal fees -- specifically, the number of defendants in the sex-abuse case who are having their legal fees covered by Penn State. Erickson labeled that "a difficult question" but promised to reveal such financial figures in the coming days.

The news service pointed out that Erickson also sidestepped when one member of the audience suggested that the entire board of trustees should resign over the scandal. "I think the board will have to make those decisions," he replied.

The child-abuse scandal erupted in October when authorities arrested former Penn State defensive coordinator Jerry Sandusky and charged him with molesting several boys that he had met through his charity for disadvantaged youth.

Sandusky has denied the charges, which include allegations that he used his position with Penn State to lure the young boys. In at least one case, he is accused of sexually assaulting a boy in a Penn State locker room. Paterno and other school officials learned about that alleged incident, but it was never brought to the attention of police. The fallout led to the dismissal of the school president, Paterno and at least two other top-ranking officials.

It also led to rioting, with students rampaging through the streets in support of Paterno, and rolling over a TV news van covering the case. In all, 45 students face charges. This week, at least 20 students waived their right to a preliminary hearing and will now fight the charges at trial, according to the Centre Daily Times.

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The Associated Press contributed to this report.

Photo: Penn State University President Rodney Erickson waits for the beginning of a town hall meeting with alumni in Pittsburgh. Credit: Gene J. Puskar / Associated Press

Two Penn State officials can stand trial in sexual abuse case

Two Penn State officials can be tried on charges of lying to a grand jury in the university's child sexual-abuse scandal, a judge ruled Friday.

Prosecutors have enough evidence to move forward with the cases against Tim Curley and Gary Schultz, District Judge William C. Wenner concluded after hearing testimony in a Pennsylvania courtroom.

The two men's lawyers maintain they are innocent, and contest assistant football coach Mike McQueary's grand jury testimony that he told Curley and Schultz that he saw Sandusky molest a boy in a locker room shower in 2002, the Morning Call reported.

Curley and Schultz are charged with lying to a grand jury and failing to properly report what McQueary told them.

On Friday, McQueary spoke up for the first time about what he saw.

McQueary testified that he saw Penn State coach Jerry Sandusky sexually assaulting a boy in the shower room, but did not alert police. Instead, he said, he called his father to discuss what to do. His father told him to contact then-football coach Joe Paterno.

Among the questions now: Will his graphic testimony make a difference in the court of public opinion for McQueary? McQueary has been blasted by critics who said he had not done enough. Friday he said in court that he did everything he could.

McQueary is shaping up to be a crucial witness in the child sexual-abuse case against Sandusky and other Penn State officials.

Sandusky has been accused of more than 50 counts of sexual assaults over 12 years involving 10 boys in his home, on Penn State property and elsewhere. He has said he is innocent. Paterno was fired in the wake of the scandal. 

McQueary is not accused of any wrongdoing. But he nonetheless faced death threats in the wake of his grand jury testimony.

When McQueary had his first opportunity to explain his actions in a courtroom, he said he did everything his could to alert authorities to the disturbing scene he said he witnessed.

PHOTOS: The Penn State child abuse sex scandal

He testified that he was in the locker room in March 2002 to pick up some recruiting tapes when he heard someone in the shower.

That's when he saw a naked Sandusky, standing behind the boy with his arms wrapped around the boy's waist, according to media dispatches from the Pennsylvania courtroom. McQueary said he assumed that anal intercourse was taking place, although he added that "I did not see insertion nor was there any protest, screaming or yelling,” according to Reuters.

Still in shock, McQueary said he called his father to discuss what to do. His father told him to contact then-football coach Paterno. He said he did not give Paterno explicit details, but told him what he'd witnessed. Paterno told him he'd "done the right thing" by coming to him, and that he would take care of it, McQueary said.

About nine or 10 days later, McQueary said he met with Curley and Schultz and told them what he'd seen. "I told them that I saw Jerry in the showers with a young boy and that what I had seen was extremely sexual and over the lines and it was wrong," McQueary testified, according to the Associated Press. "I would have described that it was extremely sexual and I thought that some kind of intercourse was going on."

McQueary said he believed he was alerting "the authorities" to what he'd seen. Asked specifically why he did not call police, McQueary noted that Shultz was a university vice president at the time, and had jurisdiction over campus police.

"I thought I was talking to the head of the police, to be frank with you," he said, according to the Associated Press. "It was someone who police reported to and would know what to do with it."

McQueary has been placed on administrative leave, although authorities have not said publicly why that action was taken.

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Photo: Mike McQueary departs the Dauphin County courthouse Friday in Harrisburg, Pa. Credit: Associated Press

Graphic testimony from Penn State’s McQueary: ‘I didn’t want to see’

Penn State Assistant Coach Mike McQueary, testifying in court for the first time, said he walked into a Penn State locker room in March 2002 and was shocked to find Jerry Sandusky sexually assaulting a young boy.

McQueary's graphic testimony Friday was given during a hearing to determine whether there was enough evidence to support charges against two school administrators who supposedly knew of the abuse but did little to stop it.

McQueary said he went to the locker room to pick up some recruiting tapes when he heard sounds coming from the shower, according to dispatches from the Morning Call, which is staffing the proceedings in the Pennsylvania courtroom.

FULL COVERAGE: Penn State sex-abuse scandal

McQueary said he was embarrassed because he instinctively knew something sexual was taking place. When he glanced into a nearby mirror, he saw Sandusky in the shower, standing behind the boy with his arms wrapped around the boy's waist. McQueary said he quickly looked away.

“I stepped back. I didn’t want to see anymore, to be frank with you,” he testified.

But he also realized he needed to look again to make sure he wasn't mistaken about something so serious. He saw that it was indeed Sandusky and a young boy, and McQueary said he assumed that anal intercourse was taking place.

Pressed for detail, McQueary said: “I did not see insertion nor was there any protest, screaming or yelling,” according to Reuters. "But that's truly what I believe. Jerry was behind him in a very close position with hands wrapped around his midsection."

Stunned, he walked back to his locker. A few moments later he saw Sandusky and the boy, and made eye contact with them. "I know they saw me. Both of them looked directly in my eye," said McQueary. "Neither said a thing."

McQueary said he was “shocked, horrified, not thinking straight. I was distraught.” He called his father, who told him to contact Paterno. He did so the following day. Asked if he used the phrase “anal intercourse” when he described what he saw to Paterno, McQueary testified he did not: “No, out of respect, I would not have done it.”

McQueary said Paterno appeared “shocked and saddened” and “slumped back in his chair,” McQueary said. He added that Paterno told him, “I'm sorry you had to see that” and that he had “done the absolute right thing,” McQueary said.

Testimony continues in the courtroom.

On Tuesday, former Penn State Assistant Coach Jerry Sandusky abruptly waived his right to his own preliminary hearing, setting the stage for his trial on 50 counts of child sexual abuse stemming from claims by 10 boys.

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Seriously? Jerry Sandusky named among 'intriguing' people of 2011

Former Penn State assistant football coach Jerry Sandusky is among People magazine's year-end list of the "most intriguing" people of 2011 and that's not sitting well with many in America.

Sandusky faces allegations that he sexually abused several "at risk" youth that his charity was supposed to be helping. Sandusky says he did nothing wrong. Earlier this week, he and his attorney chose to waive a preliminary hearing in the case -- a hearing which would have given him an opportunity to begin to publicly fight the charges against him.

The allegations against Sandusky have rocked Penn State and its legendary football program, and has so far let to several firings and the dismissal of legendary football coach Joe Paterno.

A court hearing is underway Friday in Pennsylvania for two school officials who lost their jobs amid claims that the school cared more about protecting its image than protecting children.

So far, it has featured graphic testimony from assistant coach Mike McQueary, who testified that he had walked into a Penn State shower room and seen Sandusky molesting a child. McQueary, who said he told Paterno about the incident, also faces criticism for not doing more -- such as immediately calling police.

FULL COVERAGE: Penn State sex-abuse scandal

Sandusky has a spot on People magazine's list of the 25 most "intriguing" people of the year, along with the likes of Britain's Duchess of Cambridge, the former Kate Middleton, and courageous gunshot victim Congresswoman Gabrielle Giffords of Arizona. USA Today points out that the popular issue of the magazine, due on newsstands Friday, has a Hall of Shame list. But Sandusky didn't make that list.

There is no doubt that much of this decision revolves around one's definition of the word "intriguing." The black-and-white definition suggests someone deeply interesting and captivating. To be sure, Sandusky has had his share of headlines this year. But "intriguing" is often considered a positive attribute, and not many readers appear to be willing to use it to describe Sandusky.

"I hope whoever gave this the green light loses their job," said one commenter on USA Today's website. "I can see how the story might be intriguing, but how about we look at the victims rather than him....I am absolutely horrified, and am seriously considering why I buy the magazine."

People magazine has not replied to a request for comment.

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Photo: Jerry Sandusky being taken into custody earlier this year. (Reuters)



Penn State scandal: Senators demand stronger child abuse laws

As Jerry Sandusky waived his right to a preliminary hearing in a Pennsylvania courtroom, Washington lawmakers Tuesday called for stronger child-abuse reporting laws. They made their demands at the first Capitol Hill hearing growing out of the Penn State scandal.

"This senator takes the position that no institution should ever be too big to report or too famous to report" child abuse "and no adult should ever feel that they’re protected because of the brand that they represent," said Sen. Barbara Mikulski (D-Md.), chairwoman of the Senate health, education, labor and pensions subcommittee on children and families.

The hearing was called in response to a bevy of bills introduced in the wake of the Penn State scandal to require that anyone witnessing child abuse report it to law enforcement or a child protection agency.

"If you see something, you should say something," said Mikulski, a onetime child neglect social worker.

Thirty-two states do not require all adults to report suspected child abuse or neglect; instead, many states have in place a requirement that people with regular contact with children, such as healthcare providers and teachers, must report abuse.

There was scant mention of the scandals at Penn State and Syracuse, but the accusations of child sexual abuse against former assistant coaches at the colleges have put child abuse on Congress’ agenda.

Frank P. Cervone, executive director of the Philadelphia-based Support Center for Child Advocates, told the committee that he has had dozens of conversations in recent weeks about which of the Penn State officials were required to report allegations of abuse.

"This ought to be clear to everyone," he said.

Sheldon Kennedy, a former professional hockey player who was abused during his teenage years by his coach, told the committee that his abuser was International Hockey Man of the Year.

"In Canada, that gave him almost godlike status. Sound familiar?" he told the committee.

Kennedy, who co-founded Respect Group Inc. to work to prevent child abuse, said that in child abuse cases, including his own, "there are people who had a gut feeling that something was wrong but didn’t do anything about it. Their attitude was, "I don’t want to get involved," "It’s not my problem," "He couldn’t possibly be doing that" or "the authorities will take care of it."

"That’s what keeps child abusers in business," he told the committee. "And that, senators, is what you have to address."

Proposals to deny federal funds to states that fail to enact stronger child-abuse reporting laws drew criticism. "The safety of children should never be used as a leverage to require state action," Erin Sullivan Sutton , assistant commissioner for children and family services for the Minnesota Department of Human Services, said in written testimony.

The hearing produced calls for better training for recognizing child abuse. "Since the vast majority of abuse is occurring so close to home, it is critical that we train and empower adults to know the signs of abuse and to know what to do when they see it or suspect it," said Sen. Richard Burr of North Carolina, the panel’s top Republican.

Even with child abuse in the spotlight, it remains uncertain whether Congress will pass legislation, especially since efforts to ramp up funding for child abuse educational programs could face resistance at a time of high budget deficits.

Sen. Barbara Boxer (D-Calif.), who has introduced legislation to strenghthen requirements for reporting child abuse, cited the 1997 case of Sherrice Iverson, a 7-year-old from Los Angeles who was molested and killed in a Nevada casino bathroom. The attacker’s friend witnessed the beginning of the assault but never reported it to police or tried to intervene.

She introduced legislation in 1998 to require states to enact laws that would make it a crime for a witness to fail to report the sexual abuse of a child. But "nothing happened,'' she said Tuesday, noting that the bill died.

"It is time to act to protect children nationwide,'' she said. "Just as we came together in 1994 to pass the landmark Violence Against Women Act, we should now work together to pass a Violence Against Children Act.''

Sandusky, Penn State’s former defensive coordinator, faces more than 50 charges stemming from accusations that he molested at least 10 boys. The scandal led to the firing of the university’s president and head football Coach Joe Paterno.  Sandusky has denied wrongdoing.  

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Photo: Sen. Barbara Mikukski (D-Md.), chairwoman of the Senate health, education, labor and pensions subcommittee on children and families. Credit: Mark Wilson/Getty Images