PITTSBURGH (KDKA) — Former Penn State administrators Tim Curley and Gary Schultz will stand trial on perjury charges; they are accused of lying to a grand jury investigating former football coach Jerry Sandusky.
But will those charges hold up at trial? The government’s case revolves around the testimony of assistant football coach Mike McQueary, and his accounts were taken to task Friday in court.
Initially, McQueary was viewed by many as the hero and truth-teller in the Penn State saga. But in the days and weeks that followed, he came under fire.
Now, some legal experts believe his accounts will not be enough to convict Curley and Schultz.
Even though the judge held the two men for trial, legal experts say their attorneys inflicted serious damage on the accounts and actions of key witness McQueary.
On the stand, McQueary told again of how he witnessed what he believed to be Sandusky allegedly sexually assaulting a boy in a Penn State shower stall.
Attorney William Caroselli says McQueary’s testimony tended to raise more questions about his own actions like, why didn’t he physically stop alleged sexual assault? Why didn’t he go to police? Also, why did he continue to fraternize with Sandusky?
“He was asked whether or not he ever confronted Sandusky at any time including in all the years since this has occurred, and he answered he had not,” said Caroselli.
Short of getting the charge dismissed against their clients, Caroselli said attorneys for Curley and Schultz were able to damage McQueary’s credibility and may use his testimony today against him at trial.
“This may be the only time that they really get to have McQueary under oath and to drill down and see what he’s going to say in response to certain of their questions,” Caroselli said.
The judge apparently rejected defense attorney arguments that the case against Curley and Schultz was a matter of “he said, she said.”
But at the preliminary hearing stage, Caroselli says the burden of proof is very light and will be much more difficult at trial.
“I think the Attorney General’s Office has a huge burden to overcome,” he added.
MORE: KDKA Coverage Of The Penn State Sex Abuse Scandal
STORY: Former PSU Officials To Stand Trial
STORY: Sandusky Waives Preliminary Hearing
WARNING Contains Graphic Material: New Grand Jury Presentment (12/7)
WARNING Contains Graphic Material: Read The Entire Grand Jury Presentment
AG, PSP Commissioner Statements: Page 1 | 2 | 3 | 4 |
LINK: Pennsylvania Attorney General’s Office
LINK: Penn State Nittany Lions