Friday, December 16, 2011

Cross Examination of McQueary

Under questioing from Caroline Roberto, McQueary sticks by his story. Prosecutors object to her attempts to find out what he told a friend of the family who was called to his father's home that night. And that was sustained.

Some of the questioning:

Walking in the door to the locker room... that night. Roberto asks about what he heard.
A. I heard the showers running and the slapping.

Q. You didn't hear any voices.
A. No voices at all.

Q. At that locker what did you hear.
A. Made a mental note of the slapping. Visualizations come to your head. I was embarrassed I didn't want to be hear it.

Q. Did you let any of the people in the show know you were there.
A. What exactly did you see?

McQueary repeats what he said during direct.

Q. Did you see any expression?
A. I couldn't see their faces.

Q. You were shocked were you not. Did you think of saying - 'Hey I'm here. It's Mike McQueary'
Did you do anything. You did nothing.
A. That's right I did nothing.




Q. And you never confronted Mr. Sandusky. From 2002 until 2010 or after.
A. Never.

And why he never used the words "anal sex" or "sodomy" to describe what he saw.

A. I don't go to coach paterno and give him a description of sexual acts... Sitting right next to Mr. Curley was the man I thought was the police. Followed up. He said he told he couldn't bring children into the facilities.

A. When Mr. Curley said to you. This is what we've decided to do. Did you dispute or oppose say you need to do more.
No. I did not.

Q. Did you ever say. You need to do more.

A. No, I did not.

Schultz' attorney, Tom Farrell got to the heart of the matter when he asked McQueary if he thought what he had witnessed was a crime.
A Yes.

And yet he didn't call the police.

Q. A crime is something that would require a police response.
A. Yes.
Q. But your father didn't tell you to call the police.

No, he didn't

Q. In speaking to Coach Paterno did you use the world crime.

He couldn't remember. He didn't think so but...

A. He did get the message that it was clearly sexual.

But when it came to what he claimed to have witnessed regarding Jerry Sandusky, he didn't immediately go to the police
"Because of the delicate nature (of the matter) and I used my best judgement. He said neither Curley nor Schultz made any attempt to prevent him from talking to anybody else.

After two hours on the witness stand, McQueary was allowed to step down. He stuck to his story.

UPDATE: State College Police officer Tom Harmon testifies that a report was made to him in 2008 on a 1998 alleged incident involving Sandusky. He told Schultz about it and reported it to the local DA himself. He said the 2002 incident was never reported to him.

If it had been reported to him, he said, "We would have investigated it and there would have been immediate notification of the District Attorney."

Under cross examination, Farrell gets Harmon to admit that Schultz is mostly an administrator. That he didn't interfere with their investigation into Sandusky, that he didn't do anything to protect Sandusky. The investigation ultimately closed "because it was concluded that no crime had occurred." CYS, police, pyschologists all were involved and none found evidence of a crime.

Back then, he was satisfied with the investigation and its outcome.

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