When McQueary met with investigators last year, he immediately told them that he had witnessed Sandusky raping the boy in the showers on a Friday night in 2002 and then had gone home and talked to his father about what he should do. Together, they decided he needed to tell Paterno. Before becoming a graduate assistant, McQueary had played for Paterno. The coach was a mentor, and a friend.
Still, for years, McQueary questioned why nothing more was done. Under the law, McQueary was obligated only to tell a superior at the university. It is the duty of university administrators to inform the police. Besides, as one investigator put it, “on that campus, telling Joe Paterno is like telling God.”
Paterno, by his own account to the grand jury, met with Tim Curley, the university’s athletic director the next day and told him of McQueary’s account, saying the assistant had seen Sandusky “fondling or doing something of a sexual nature to a young boy.”
McQueary, who by then had been elevated from graduate assistant to an assistant coach and recruiting coordinator, laid out for investigators what happened next. It took a week and half, a time lapse that investigators find deeply troubling, for Curley and Schultz to call him to a meeting. McQueary told investigators, and later the grand jury, that he had explained to the two men in graphic detail what he had witnessed.
Curley and Schultz gave different accounts to the grand jury of what transpired in that meeting. Curley said McQueary saw “inappropriate conduct” that he termed “horsing around” between Sandusky and the child, and Schultz said he had “the impression that Sandusky might have inappropriately grabbed the young boy’s genitals while wrestling.”
In either event, no one notified the police. And once again, before deciding what to do, no one consulted the university’s lawyer, according to Courtney, Penn State’s general counsel. Courtney was called in to advise Second Mile’s board of directors in 2009 after Sandusky informed it of the Clinton County freshman’s accusations, but Courtney said that was the first he had heard of Sandusky’s alleged inappropriate behavior.
But other than that, “at no time, whether in 1998 or in 2002 or any other point in time, was I made aware or did I have knowledge of Jerry Sandusky engaging in sexual misconduct with young children,” Courtney said. “Had I had any idea that there was even remotely improper conduct with children on any day since the beginning of time, nothing in the world would have kept me from being absolutely certain that it was reported to the police immediately. That is my duty.”
Instead, Curley and Schultz reported back to McQueary that they had decided to take away Sandusky’s keys to the locker room, bar him from bringing children to the football building and report the incident to Second Mile, according to the grand jury’s findings. Spanier, the university president, testified that he approved the plan, but that he had never been told Sandusky’s misconduct was sexual in nature.
A spokeswoman for the lawyers for Curley and Schultz said it would be “inappropriate for the defense to comment on the substance of the grand jury report.”
Spanier did not return calls requesting comment.
Courtney, for his part, said he was “as horrified and appalled and sickened and disgusted as everyone else was” when he read the grand jury report and realized the extent of the crimes of which Sandusky was accused.