HARRISBURG (KDKA) – Two former Penn State administrators will stand trial on perjury charges for allegedly lying to a grand jury to cover up a child sex abuse scandal involving former Nittany Lions defensive coordinator Jerry Sandusky.

Testimony at the hearing for former Athletic Director Tim Curley and former vice president Gary Schultz began shortly after 9 a.m. with assistant coach Mike McQueary taking the stand.

During questioning by former Allegheny County District Attorney Bruce Beemer, McQueary testified that he saw Sandusky in the shower with a 10- or 12-year-old boy. McQueary went on to tell the court that the boy’s hands were up against the wall and Sandusky was behind him with his arms around the child’s waist and that he heard rhythmic sounds that he believed to be sexual intercourse. “I was shocked and horrified and not thinking straight. I was distraught.”

McQueary testified that he went to his father’s house; after a long discussion, they decided he should go to then-head football coach Joe Paterno.

When he told Paterno that they needed to talk, McQueary said Paterno told him he didn’t have a job for him if that’s what the meeting was about. McQueary testified that it was more serious — telling Paterno that the act he witnessed was extremely sexual in nature.

McQueary went on to say that Paterno said he was shocked, then sat back in his chair and told McQueary that he did the right thing — saying he knew it was tough for McQueary to tell him what he saw.

During his testimony, McQueary went on to say that Curley eventually called and wanted to meet. McQueary then testified that he told Curley and Schultz that he saw Sandusky in the shower with a boy in an extremely sexual position. He told the court that the men told him that they would investigate and follow up.

“I thought I was talking to the head of the police when I talked to Schultz because he was in charge of campus police,” McQueary added.

McQueary said he was told that Sandusky would not be allowed to bring kids on campus and they were taking facility keys away from him; but Sandusky continued to show up.

“No doubt in my mind that I told them it was sexual in nature and that it was wrong,” McQueary testified regarding his conversation with Curley and Schultz.

During cross examination, Caroline Roberto wanted McQueary to detail what he told a family friend; but the judge agreed with the prosecution’s objection that such testimony was irrelevant to the case.

Roberto did, however, ask if McQueary ever confronted Sandusky about what he saw — to which he replied that he did not. “Did you and your father consider calling police?” Roberto asked. “Yes,” answered McQueary. “Did you call police?” Roberto continued. “No,” said McQueary.

Before McQueary was allowed to step down, a second defense attorney continued the cross examination.

Also testifying this morning was Tom Harmon, who once headed Penn State police and worked for Gary Schultz.

During his testimony, Harmon said he told Schultz about a 1998 case in which a mother came to police reporting that her son was in the shower with Sandusky being hugged from behind. Harmon also testified that he was never informed about the 2002 allegation about the shower incident that McQueary reported.

This afternoon, prosecutors read the grand jury testimony of Joe Paterno, Tim Curley and Gary Schultz. According to the testimony that Paterno gave to the grand jury in January about what McQueary told him: “He had seen a mature person fondling — I’m not sure what the term would be — a young boy… Obviously he was doing something of a sexual nature in the shower.”

According to the testimony that Curley gave the grand jury: “The person reporting it was uncomfortable with what he saw. It was described as horsing around in the shower. I didn’t think it was a crime at the time.”

Schultz, meanwhile, told the grand jury: “I had the impression it was inappropriate. Maybe Jerry would have grabbed the young boy’s genitals or something like that.”

Closing arguments began shortly before 3 p.m. with Roberto arguing that perjury must be more than just allegations of “He said, he said.” While the defense attorneys asked that charges be dropped, the prosecution argued that it was clear that Curley and Schultz intentionally tried to mislead the grand jury.

The judge ordered both men to stand trial a short time later.

Attorneys for Curley and Schultz released a statement saying they would address the media after today’s hearing.

Earlier this week, Sandusky waived his hearing on dozens of counts of molesting young boys.

MORE: KDKA Coverage Of The Penn State Sex Abuse Scandal
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

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