HARRISBURG -- Magisterial District Judge William Wenner ruled the case against Tim Curley and Gary Schultz will move forward to trial.
Wenner ruled there was enough evidence presented at Friday's preliminary hearing for the two men, who were charged with perjury and failure to report.
Schultz's attorney, Thomas Farrell, said in his closing argument in today's preliminary hearing that Mike McQueary's father's testimony didn't corroborate his son's.
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Penn State Assistant Football Coach Mike McQueary departs the Dauphin County Courthouse on Friday after testifying. Speaking for the first time in public about the 2002 encounter in a Penn State locker room, McQueary testified he believes that Jerry Sandusky was attacking a child with his hands around the boy's waist but said he wasn't 100 percent sure it was intercourse.
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former Penn State University Police Chief Thomas Harmon departs Dauphin County Court Friday after testifying at a preliminary hearing for Tim Curley and Gary Schultz.
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John McQueary, father of Penn State Assistant Football Coach Mike McQueary, departs Dauphin County Court Friday after testifying at a preliminary hearing for Tim Curley and Gary Schultz.
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Former Penn State Vice President Gary Schultz, right, arrives for his preliminary hearing at Dauphin County Court in Harrisburg. A judge is to determine after the hearing if there's enough evidence to send him and former Penn State athletic director Tim Curley to trial on charges of failure to report abuse to authorities and lying to a grand jury related to the Jerry Sandusky child sex abuse case.
The Associated Press
Former Penn State athletic director Tim Curley, right, arrives for his preliminary hearing at Dauphin County Court in Harrisburg. A judge is to determine after the hearing if there's enough evidence to send him and former university Vice President Gary Schultz to trial on charges of failure to report abuse to authorities and lying to a grand jury related to the Jerry Sandusky child sex abuse case.
"The whole purpose behind perjury ... is that someone is taking an oath to tell the truth and by doing that ... will not mislead," he said in Dauphin County Court.
Farrell said he counted six occasions where Curley was never told it was anything but horsing around in the shower, referring to the 2002 shower incident McQueary allegedly witnessed between former assistant coach Jerry Sandusky and a young boy in the Lasch Football Building at Penn State.
"Why didn't anybody follow up?" Farrell asked rhetorically.
Farrell argued his case following Curley's attorney, Caroline Roberto, who argued that perjury has to be more than just he said, he said.
Roberto argued that Joe Paterno's testimony could be used by the commonwealth to corroborate what Mike McQueary told Curley and Schultz about conduct he said he witnessed between Sandusky and the young boy.
Robert said if Paterno had heard graphic specifics from McQueary, he would not have waited until the end of the weekend to tell others.
Five witnesses were called and transcripts of three witnesses' testimony were read during the hearing.
Curley and Schultz were charged after Sandusky was charged in the child sex abuse scandal.
In Schultz's testimony before the grand jury, he said not all inappropriate conduct is criminal.
When asked about a man grabbing a young boy's genitals, "I don't know if it's criminal," he responded.
"I can imagine instances where an adult man would be in a shower with young boys."
Schultz testified he didn't recall McQueary "being upset" when he discussed the shower incident.
"I don't recall him telling us what he observed specifically," Schultz said in the grand jury testimony, which was read in Dauphin County Court. He said McQueary thought he saw "something inappropriate."
"There was no indication that it was" criminal, he testified.
Schultz said he had heard about the shower incident in "a very general way."
What he had been told was "that maybe Jerry might have grabbed the young boy's genitals," according to his testimony transcript.
Schultz said he met with Curley and Paterno to discuss the incident.
He said he didn't remember Paterno's exact words about the shower incident, according to the transcript of his testimony.
"As far as I know the university asked the other agency [a child protective agency] to follow up, as they did in '98 [after a similar alleged shower incident]," he said in his testimony.
"I thought it had some basis of inappropriate behavior but without any specifics at all," he said in his testimony.
He was asked repeatedly in his testimony but was unable to identify the child protective agency.
Neither Schultz nor Curley tried to learn the identity of the boy who was reportedly in the shower with Sandusky in 2002, according to both transcripts of testimony.
In Curley's testimony before the grand jury, he said he didn't think there was anything sexual about it so he didn't follow up. He said he did not meet with Sandusky.
When asked what he thought McQueary told him he had witnessed, he said it was horsing around and inappropriate conduct .
"I don't remember any reports to me that it was sexual in nature," he said in his testimony.
"I reported it to my director employer, which was [then University] President [Graham] Spanier," who made recommendations.
He said the only actions that resulted after a meeting with Sandusky were reporting it to The Second Mile and barring Sandusky from bringing children into university facilities.
Penn State officials, including Curley and Schultz, met with Sandusky after allegations were brought to their attention about a shower incident in the Penn State Lasch Football Building. Mike McQueary reported that he had seen Sandusky and a young boy in the shower in close proximity, but he couldn't say he was 100 percent sure that a sex act had occurred.
In the transcript of his testimony, Curley said "absolutely not" when asked if Mike McQueary reported having witnessed anal sex in the showers at the Lasch Football Building.
He said, according to his testimony, that he and Schultz met with Spanier and the former CEO of The Second Mile, a State College charity Sandusky founded.
Curley said in his testimony before the grand jury that he also met with Sandusky.
"I met with Jerry Sandusky first ... told him that we were uncomfortable with the information," according to Curley's transcript.
He said Sandusky did not initially admit to showering with a young boy in the building.
A transcript of Paterno's testimony before the grand jury was also read in court.
"He [McQueary] had seen a person, not an older but a mature person who was fondling or whatever you might call it," Paterno's testimony reads.
Paterno said he called Curley, according to the transcript: "I said, hey, we've got a problem, and I explained the problem to him.
"I have a tremendous amount of confidence in Mr. Curley, and I thought he would look into it," the transcript continued.
According to the transcript, Paterno was not asked many specific questions about what McQueary told him.
Testimony got under way just about 9 a.m. in the preliminary hearing before Magisterial District Judge William Wenner. Five witnesses were called to testify: Mike McQueary; his father, John McQueary, former Penn State director of police Tom Harmon; grand jury court reporter Shannon Manderbach; and Attorney General Agent Anthony Sassano.
Sassano said he began investigating the case against former Penn State assistant football coach Jerry Sandusky in November 2010.
In earlier testimony, John McQueary said he "was dissatisfied with the process ... that it appeared on the surface that the system wasn't doing much about" the alleged shower incident his son Mike McQueary had witnessed in 2002.
John McQueary said he "felt we had notified the appropriate person" when they talked to Schultz about the alleged incident involving Sandusky and a young boy of 10 to 12 years of age.
John McQueary said he "never used the word crime" or anal rape, sodomy, sexual assault or fondling when he talked with Schultz about the alleged incident.
John McQueary said in a meeting with Schultz and his friend Dr. Jonathan Dranov, he described what his son saw between Sandusky and the boy was "at best inappropriate" and "sexual in nature."
McQueary said Schultz told him that there had been allegations in the past against Sandusky but he said he was told by Schultz that they "never [had] been able to really unearth anything or sink our teeth into anything that was something substantial."
(Editor's note: In this story, originally published Dec. 16, it was incorrectly reported that John McQueary "said Harmon told him" that there had been allegations in the past against Sandusky but he said he was told by Schultz that they "never [had] been able to really unearth anything or sink our teeth into anything that was something substantial."
The reference of Harmon was incorrect; John McQueary was talking to Schultz. It was reported in the courtroom by Cory Giger correctly but when it was sent via Twitter to the Mirror, which was transcribing and compiling the live updates, Schultz's name was inadvertantly changed to Harmon. When the mistake was brought to the Mirror's attention on Jan. 8, it was corrected by Jan. 10. That's why we're highlighting this section.
To view the complete document from the hearing, 276 pages, please click the link at the right. John McQueary's testimony begins on 133. The mistake in question took place on pages 138-139.
Harmon testified he never received a complaint in 2002 about Sandusky in a shower with a boy.
Harmon took the stand following Mike McQueary's two hours of testimony. Harmon testified about a 1998 shower incident on campus involving Sandusky and another young boy.
"They showered, and during the course of the shower the mother reported that Coach Sandusky had hugged the child from the rear," Harmon testified.
Harmon testified that he notified Schultz and then-Centre County District Attorney Ray Gricar about the alleged 1998 incident.
Harmon said after four phone conversations with Schultz about the incident, he was told that Gricar would not pursue criminal charges against Sandusky.
McQueary testified that what he witnessed in the Lasch Football Building showers between Sandusky and the young boy in 2002 "to me that is a crime."
He said he was not sure if he used the word crime or intercourse when relating to Paterno what he said occurred. He said he did not see Sandusky's genitals touching the boy, but "they were as close as you can be."
McQueary was questioned by Roberto.
McQueary said when he talked to Paterno the day after the alleged incident, he used the word "fondling."
"Fondling is touching someone in a sexual way. ... That's what my definition is," he said.
McQueary said his father contacted family friend Dranov because he trusted his judgment.
The judge ruled he will not allow Roberto to question McQueary on what he told Dranov.
McQueary testified he did not "use the word anal or rape since day one," and did not explain what he allegedly witnessed to Paterno using those words.
He said he "did nothing" to alert those in the shower that he was there.
When questioned by Roberto, McQueary said he did slam the locker door shut but did not say anything to Sandusky.
McQueary said he has never spoken to Sandusky about the incident, but he said Sandusky had "just kind of a blank expression" on his face.
McQueary testified earlier this morning that Curley and Schultz said they would look into his allegations of what he saw in the showers.
"They thought it was serious what I was saying and they would investigate it or look into it closely," McQueary testified Friday.
He said several days after the meeting, Curley called him and "said they have followed up and they have looked into it."
McQueary said Paterno "did ask me in recent months after that, two to three months, if I was OK."
McQueary said he initially reported the incident to Paterno the day after speaking with his father. He said there was more than a week's time between when he talked to Paterno and when he talked to Curley and Schultz in a meeting in the Bryce Jordan Center about what he said he witnessed.
He said no other law enforcement ever came to speak to him until October or November of last year.
"I told [Curley and Schultz] that I saw Jerry in the showers with a young boy and what I had seen was extremely sexual ... and it was wrong," McQueary testified. "I would have described it as extremely sexual and I thought some kind of intercourse was going on."
McQueary had called Paterno the day after said he he witnessed the incident.
"I said, `Coach, I need to come to your house and talk to you about something,'" McQueary testified. "I went over to his house, sat at his kitchen table and told him I had saw Jerry ... it was extremely sexual in nature."
He said he witnessed something "outrageous and terrible."
"I went to Coach Paterno because I knew he would handle it the right way, what I thought was the right way."
McQueary said he was "shocked, horrified, and to be frank with you probably not thinking straight. I was distraught" after hearing sounds and glancing into the showers several times on the night he witnessed Sandusky in the shower with a young boy.
"I stepped back, didn't want to see it anymore to be frank with you," he testified Friday morning. "I know they saw me. They looked directly in my eyes, both of them."
"I did not see insertion, nor was there any verbage, protest, screaming or yelling," McQueary said.
Asked about Sandusky's work with The Second Mile charity, McQueary said, "To me, he was The Second Mile. At that time it was his pride and joy."
Mirror reporters are in the courtroom and will give updates here throughout the day.
You also can follow @NeilRudel and @CoryGiger on Twitter for live updates and quotes from McQueary's testimony.