Criminal prosecutions Penn State child sex abuse scandal




1 criminal prosecutions

1.1 investigation

1.1.1 victim 1
1.1.2 victim 2
1.1.3 other victims
1.1.4 locations of assaults


1.2 indictments
1.3 commonwealth v. sandusky

1.3.1 trial
1.3.2 verdict
1.3.3 sentencing


1.4 commonwealth v. curley, schultz, , spanier





criminal prosecutions
investigation

in pennsylvania, purpose of grand jury recommend charges. grand jury hears cases in full not have authority indict. in case of jerry sandusky, grand jury investigation began in 2009 under attorney general , eventual pennsylvania governor tom corbett. pennsylvania s 30th statewide investigating grand jury. subpoenaed records both penn state , second mile , heard testimony victim 1 (aaron fisher), mike mcqueary, joe paterno, tim curley, gary schultz, victim 7, graham spanier, victim 4, , ronald petrosky (psu janitor). grand jury did not recommend indictment.


attorney general linda kelly prepared presentment included credibility determinations testimonies received before first grand jury second grand jury. 33rd statewide investigating grand jury continued looking investigation. grand jury heard testimony victim 3, victim 5, , victim 6. pennsylvania attorney general linda kelly said during investigation there uncooperative atmosphere of officials.


victim 1

the investigation initiated in spring of 2008 after aaron fisher (identified in court papers victim 1 ), freshman @ central mountain high school in mill hall, pennsylvania, reported sandusky had been molesting him since 12 years old.


fisher met sandusky through second mile in 2005 or 2006 when sandusky began having relationship fisher involving inappropriate touching . @ time of alleged actions, sandusky volunteering assistant high school football coach @ central mountain high school assaults took place.


victim 2

mike mcqueary, graduate assistant , later assistant coach @ penn state, testified on december 14, 2010 pennsylvania s 30th statewide investigating grand jury. again testified on december 16, 2011 @ trial of curley , schultz in lasch football building on university park campus on friday night in march 2002. in testimony, mcqueary got month , year wrong. on may 7, 2012, ag s office corrected date of incident february 2001, estimating occurred on or february 9. mcqueary testified heard slapping sounds , saw sandusky directly behind boy hands on wall in men s shower room. mcqueary distraught, left building, , subsequently called father john mcqueary, told mike come on house right away , talk him.


while mike mcqueary on way father s, john mcqueary called dr. jonathan dranov, boss , family friend, seeking advice. president of centre medical , surgical associates, dr. dranov mandated reporter in state of pennsylvania. dr. dranov testified questioned mike 3 times mcqueary saw, , each time mcqueary kept going heard. because there no clear crime witnessed mcqueary, dr. dranov , john mcqueary recommended mcqueary talk head football coach joe paterno.


on saturday morning, mcqueary called paterno arrange meeting, , 2 met @ paterno s home later same morning. mcqueary testified gave rough report of had seen out of respect did not share more intimate details. paterno left pittsburgh attend awards ceremony shortly after meeting mcqueary , did not return state college until late saturday night or sunday morning. on sunday morning, paterno called athletic director timothy curley regarding incident. curley, along university senior vice president finance , business gary schultz, both went paterno s home same day, , paterno told them mcqueary had reported him , advised them because mcqueary had not provided details paterno, recommended speak directly mcqueary. in grand jury testimony, paterno said told sandusky fondling or doing of sexual nature victim.


on monday, curley , schultz reported incident graham spanier, president of penn state university @ time. spanier told them meet graduate assistant. not told identity of person mcqueary. 9 or ten days later (the exact date unknown), mcqueary received phone call curley regarding incident , set meeting curley , schultz in bryce jordan center either same afternoon or next day go on details of had happened in shower room. curley , schultz both denied having been told alleged anal intercourse. curley denied mcqueary reported of sexual nature whatsoever , described conduct merely horsing around . graham spanier likewise testified apprised of incident involving jerry sandusky , younger child horsing around in shower .


curley met sandusky , told sandusky not using penn state s athletic facilities young people, , curley reported incident jack raykovitz, ceo of second mile (a state-licensed charity disadvantaged youth established sandusky) mandated reporter , sandusky’s boss @ time. second mile fell under direct supervision , authority of pennsylvania’s department of public welfare , contractor of local county office of children , youth services. raykovitz highly trained professional on handling such allegations. raykovitz reported incident 2 board members of second mile, bruce heim, , bob poole, , told sandusky wear shorts in shower in future.


despite penn state banning sandusky bringing boys onto main campus in 2002, allowed operate summer camp through sandusky associates company 2002 2008 @ penn state s behrend satellite campus near erie, had daily contact boys fourth grade high school.


other victims

one child s mother reported incident penn state police when came home hair wet. after investigation detective ronald shreffler, centre county district attorney ray gricar chose not prosecute. shreffler testified before grand jury director of campus police, thomas harmon, told him drop case. university police eavesdropped on conversations during mother confronted sandusky incident. admitted showering other boys , refused discontinue practice. district attorney gricar not available testify, had disappeared in 2005.


victims commonly reported sandusky place hand on thighs or inside waistband of underpants. 2 recounted oral sex sandusky, culminating in ejaculation. penn state janitor james calhoun reportedly observed sandusky giving oral sex unidentified boy in 2000, calhoun in 2012 in nursing home suffering dementia; deemed not competent testify.


locations of assaults

according grand jury testimony, assaults took place:



in sandusky s basement,
at victim s high school,
in sandusky s car,
in lasch football building on penn state s university park campus,
toftrees golf resort , conference center,
the east area locker rooms on psu campus, and
a hotel room in texas.

at least 20 of incidents said have taken place while sandusky still employed penn state.




illustration of victims, people alleged knowledge of alleged crimes, , official responses of november 11, 2011



indictments

on november 4, 2011, pennsylvania attorney general linda kelly indicted sandusky on 40 counts of sex crimes against young boys, following three-year investigation. sandusky arrested on november 5 , charged 7 counts of involuntary deviant sexual intercourse, 8 counts of corruption of minors, 8 counts of endangering welfare of child, 7 counts of indecent assault, , other offenses.


senior vice president gary schultz , athletic director tim curley found not credible grand jury. 2 administrators charged grand jury perjury , failure report suspected child abuse. indictment accused curley , schultz of not failing tell police, falsely telling grand jury mike mcqueary never informed them of sexual activity. sandusky released on $250,000 bail pending trial. curley , schultz appeared in harrisburg courtroom on november 7, judge set bail @ $75,000 , required them surrender passports.


penn state officially banned sandusky campus on november 6, 2011. later day, curley placed on administrative leave, , schultz resigned go retirement.


after charges came light, former president graham spanier issued statement in said curley , schultz had unconditional support, , saying operate @ highest levels of honesty. spanier criticized expressing support curley , schultz, , failing express concern sandusky s alleged victims.


congressman pat meehan (r-pa07) asked u.s. education secretary arne duncan probe whether penn state violated clery act when failed report sandusky s alleged incidents of child molestation took place on campus. duncan announced investigation possible clery act violations @ penn state, saying colleges , universities have legal , moral responsibility protect children , , penn state s failure report alleged abuse tragedy . investigation, began on november 28, result in fines or loss of federal student aid if university found in violation. officials in san antonio, texas began investigating whether sandusky molested 1 of victims @ 1999 alamo bowl.


sandusky arrested again @ residence on december 7, 2011, face following additional charges of sexual abuse.


on february 24, 2012, patriot-news reported peter j. smith, united states attorney middle district of pennsylvania conducting federal criminal investigation scandal. probe separate clery act investigation. according penn state spokeswoman, smith subpoenaed school information spanier, sandusky, curley, schultz , second mile. official second mile said smith subpoenaed information sandusky s travel records days after sandusky s arrest. according grand jury indictment, sandusky accused of molesting boys @ both 1999 alamo bowl in san antonio , 1999 outback bowl in tampa, florida. although federal authorities have jurisdiction in case since sandusky accused of taking boys across state lines, 3 former prosecutors interviewed patriot-news believed federal investigation did not appear focusing on sandusky s alleged crimes. instead, based on subpoena, federal probe seemed focusing on possible cover-up school officials.


commonwealth v. sandusky
trial

during sandusky trial, accuser , sandusky s wife dottie both testified alamo bowl incident. accuser said sandusky attempting negotiate oral sex him in bathroom while sandusky s wife in apartment , came edge of bathroom few words sandusky including doing in there? mrs. sandusky said husband having disagreement, including yelling, boy—in bathroom clothed —about attending luncheon. went on characterize boy demanding. ... , conniving. , wanted way, , didn’t listen whole lot. mrs. sandusky testified when still uncertain whether husband testify. though sandusky s defense attorney joe amendola had said on opening day of trial sandusky testify, amendola rested case without calling him testify in own defense.


verdict

on evening of june 22, 2012, jury reached verdict, finding sandusky guilty on 45 of 48 counts against him. following announcement of verdict, judge john cleland revoked sandusky s bail , ordered him taken custody await sentencing. sandusky continued maintain innocence after being convicted. attorneys filed notice appeal conviction.


sentencing

sandusky faced maximum sentence of 442 years in prison. according nbc news, sandusky faced minimum sentence of 60 years – @ age, life sentence. sentencing scheduled october 9, 2012. @ same hearing, prosecutors requested court sandusky declared sexually violent predator under pennsylvania s version of megan s law, subject him stringent reporting requirements if released. sandusky not have report address police every 3 months rest of life, have participate in court-approved counseling program. however, designation symbolic since sandusky die in prison. earlier, on august 30, pennsylvania sexual offenders assessment board recommended sandusky declared sexually violent predator.


on day of sentencing, sandusky officially designated sexually violent predator. sandusky sentenced on october 9, 2012 minimum of 30 years , maximum of 60 years in prison. judge john cleland stated intentionally avoided sentence large number of years, saying abstract , said sandusky sentence handed down had unmistakeable impact of saying rest of life .


commonwealth v. curley, schultz, , spanier

on november 1, 2012; pittsburgh post-gazette , nbc news, citing sources close investigation, reported spanier formally charged alleged role related sandusky s crimes. later day, state ag kelly announced part of superseding indictment, spanier, curley , schultz had been charged grand jury perjury, conspiracy, obstruction of justice, , child endangerment in connection scandal. spanier faced 8 charges, 3 of felonies. criminal docket filed in court of common pleas of dauphin county, in harrisburg, pennsylvania.


preliminary hearings tim curley , gary schultz held on december 16, 2011. prosecution presented several witnesses. mike mcqueary took stand again , testified that, on night of 2002 incident, saw 10- 12-year-old caucasian boy standing upright in shower, facing wall, , jerry sandusky directly behind him, sandusky s hands wrapped around boy s waist or midsection . mcqueary estimated boy foot shorter sandusky. further stated did not see insertion nor there verbiage or protest, screaming or yelling , denied ever using words anal or rape describe incident anybody.


on march 24, 2017, graham spanier found guilty of 1 charge of child endangerment , not guilty of second charge of child endangerment or conspiracy. tim curley , gary schultz had pled guilty misdemeanor child endangerment charges , testified @ spanier s trial.


on june 2, 2017, graham spanier, gary schultz , timothy curley sentenced prison senior judge john boccabella. why no 1 made phone call police...is beyond me. why mr. sandusky allowed continue use penn state facilities beyond me, boccabella said. spanier sentenced 4 12 months 2 months in jail , 4 months house arrest, followed 2 years of probation , $7,500 fine. curley sentenced 7 23 month jail term, 4 months of house arrest, followed 2 years of probation , $5,000 fine. schultz sentenced 6 23 month jail term 4 months of house arrest, followed 2 years of probation , $5,000 fine.








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