Prosecutors have probable cause to move forward with the cases against former athletic director Tim Curley and school vice president 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 Curley and Schultz are charged with lying to a grand jury and failing to properly report what McQueary told them.
McQueary testified Friday in a preliminary hearing that he believes he saw Sandusky molesting a boy on campus and that he fully conveyed what he had seen to the two former Penn State administrators. McQueary, speaking for the first time in public about the encounter in a Penn State locker room, said he believes that Sandusky was attacking the child with his hands around the boy's waist but said he wasn't percent sure it was intercourse. At the conclusion of the hearing, Wenner ruled that prosecutors have enough evidence to send their cases to trial.
McQueary's story is central to the case against Curley and Schultz. They testified to the grand jury that McQueary never relayed the seriousness of what he saw. The officials, and Penn State coach Joe Paterno, have been criticized for never telling police about the allegation.
Prosecutors say Sandusky continued to abuse boys for six more years. McQueary, who was on the stand for about two hours Friday, said he had stopped by a campus football locker room to drop off a pair of sneakers in the spring of when he heard slapping sounds in a shower and happened upon Sandusky and the boy.
He said Sandusky was behind the boy he estimated to be 10 or 12 years old, with his hands wrapped around the youngster's waist. He said the boy was facing a wall, with his hands on it. McQueary, 37, said he has never described what he saw as anal rape or anal intercourse and couldn't see Sandusky's genitals, but that "it was very clear that it looked like there was intercourse going on.
