Jerry Sandusky Trial Reference Guide

Sandusky

The Jerry Sandusky sexual abuse trial is set to get underway this morning in Bellefonte. It’s been over seven months since news broke that Sandusky was being charged with 52 counts of sexual abuse against 10 minors, spanning over a period of 15 years. The guide below is meant to enhance your education of the ongoing trial, and to serve as a reference as the case unfolds over the next several weeks.

The first Grand Jury presentment with the first eight victims can be found here, and the second Grand Jury presentment with the last two victims can be found here.

The Judge

Judge John ClelandSenior Judge John Cleland was assigned the case on November 22nd, 2011, shortly after all Centre County judges recused themselves from the case to avoid any conflict of interest. He has acted swiftly and sternly, repeatedly shooting down several motions for a continuance. When the prosecution asked to move the case out of Centre County, Cleland refused. In early April, Cleland issued a gag order (preventing anyone involved in the case to speak to media) to reduce any bias in the potential jury pool.

Judge Cleland allowed “live-coverage” (tweeting, posting, etc) of the proceedings until he rescinded that privilege on June 4th, after several media outlets requested to use verbatim accounts. Cleland insinuated that using verbatim accounts in the courtroom would violate Pennsylvania’s rule that bans broadcasting of court proceedings.

Art Stroyd, a Pittsburgh attorney who served with Judge Cleland as a law clerk in the early 1970s, says of Cleland, “You might not like his decisions, but you never would object to his reasoning.”

The Defense

SanduskyJerry SanduskyAfter a two-year grand jury investigation, Jerry Sandusky was indicted on 40 counts related to child molestation on November 4th, 2011. Over a month later, Sandusky was charged with 12 additional sexual abuse charges, released on $250,000 bail, and placed on house arrest. Since the initial arrest, Sandusky has maintained his innocence and elected to waive his right to a preliminary hearing on December 13, 2011. He served as an assistant coach at Penn State for 30 years (1969-1999), including 22 as Defensive Coordinator (1977-1999). Sandusky played as a defensive end under the late Joe Paterno in 1965. He also founded The Second Mile in 1977, a nonprofit organization that was intended to provide help and support for at-risk children in the area. After his retirement in 1999, Sandusky held emeritus status which gave him a telephone and office in the Lasch Building, along with access to recreational buildings on campus.

Joe AmendolaA Penn State graduate, Joe Amendola has formed a reputation in the State College area as being an excellent trial attorney. He has handled some high-profile cases in the past, including defending Penn State football players such as Austin Scott, who was accused of rape in 2007. Amendola had the charges dismissed before the trial even started.  He now finds himself in the brightest national spotlight that he’s ever faced as the lead defense attorney for Jerry Sandusky. Before Judge Cleland issued the gag order, Amendola was notorious for holding long press conferences outside of the courthouse.

Karl RomingerRominger is an attorney based out of Carlisle, Pa. who operates his own practice. He has joined Amendola as co-counsel for the Sandusky defense team. Rominger has experience in defending a variety of criminal offenses. He first came to prominence during the Sandusky trial coverage when he was quoted as saying that the former Penn State defensive coordinator was simply teaching children how to shower properly regarding allegations of misconduct by Sandusky in shower rooms.

The Prosecution

Joseph McGettiganThe lead prosecutor for the state, McGettigan is the Deputy Attorney General of Pennsylvania and is tasked with proving Sandusky’s guilt to the twelve jurors. McGettigan was born and raised in South Philadelphia and attended Temple University to earn his bachelor’s degree. This will be the highest profile case that McGettigan has ever worked on, surpassing his prosecution of John du Pont, the multimillionaire chemical heir who murdered friend and Olympic gold-medal winning wrestler David Schultz in the mid-90’s.

Linda KellyKelly is the Pennsylvania Attorney General who appointed McGettigan as the lead prosecutor for the Sandusky case.

She was appointed by Governor Tom Corbett to her current post in 2010 when he was elected. Kelly formerly served as the Pittsburgh anti-terrorism coordinator when the U.S. Attorney’s Office created a national security division following the 9/11 attacks. It is not clear what role Kelly is serving in the Sandusky case, but as she oversees all criminal prosecution in the state of Pennsylvania, she will certainly be involved with McGettigan’s team as the trial gets underway.

Notable Witnesses

Joe PaternoJoe Paterno was the Nittany Lions Football coach from 1966 until November 9, 2011, winning 409 games and two national championships during his tenure. He was removed from his position on the night of November 9th, 2011 by the Board of Trustees for his handling of the situation with McQueary and Victim 2. His dismissal ignited riots in downtown State College. In the grand jury report, Paterno testified that he notified then Athletic Director Tim Curley about what McQueary told him the day after their meeting, saying he had seen Sandusky fondling or doing something of a sexual nature to a young boy in the Lasch showers. Paterno’s written testimony in the Schultz/Curley preliminary hearing was consistent with his grand jury testimony. On January 22nd, 2012, Paterno passed away due to complications with lung cancer. Paterno was thought to be a key witness for the prosecution and the individual needed to corroborate McQueary’s testimony in a separate trial for Curley and Schultz; however, since he is no longer alive, his testimony is no longer admissible.

Mike McQuearyMcQueary is the former wide receivers coach for the Nittany Lions. According to the grand jury report, McQueary testified that he saw Victim 2, a ten year old boy, with his hands up against the wall inside the Lasch Football Building showers being sodomized by Jerry Sandusky. The original date of this incident was March 1, 2002, although prosecutors recently changed it to February 9, 2001. Upon witnessing the scene in the locker room showers, McQueary went to his office to telephone his father, John McQueary. They decided together that he would contact Joe Paterno to report what he saw. This was done the following morning at Paterno’s house. In the preliminary hearing in Harrisburg on December 16, 2011 regarding perjury charges against Tim Curley and Gary Schultz, McQueary was the first witness to testify and described Sandusky’s position as “extremely sexual.” He did not see insertion or hear any sexual verbiage but did say, “Jerry was having some type of intercourse with him. That’s what I believe I saw.” McQueary testified that he described the act as “extremely sexual in nature” but never used the words rape nor intercourse in his description to Paterno. McQueary put his State College home up for sale in late February and recently filed a writ of summons indicating that he intends to file a whistleblower suit against the university. While the victim in the incident has not been identified, McQueary is considered by many to be the star witness to Sandusky’s alleged crimes.

Dottie Sandusky The long-time wife of Jerry Sandusky, she has stood by her husband proclaiming his innocence throughout the process. On days when her husband was due to appear in court, the two could be seen walking in together and holding hands.

 

 

Tim Curley – Curley had been Penn State’s Athletic Director since December 30, 1993 before being placed on administrative leave last November. He faces perjury and failure to report charges in connection with the Sandusky case. Within the grand jury report, Curley testified that McQueary reported to him and Schultz that he had witnessed “inappropriate conduct” between Sandusky and Victim 2 but nothing about “sexual conduct.” At his preliminary hearing in December, Curley said “I reported it to my direct employer, which was President Spanier. After meeting with Sandusky, I was not aware of anything sexual, so I felt my actions were appropriate.” Curley is expected to plead the fifth if called to testify at the Sandusky trial as a result of his own trial looming in the near future.

Gary SchultzSchultz is the former Senior Vice President for finance and business — a position that gave him oversight of the university police — before retiring in 2009. Schultz is charged with perjury and failure to report. Schultz testified in the grand jury report that he supported Tim Curley’s decision to advise Sandusky not to bring any Second Mile children into the football building, a ban that by his own admission was not enforceable. Schultz never reported the 2001 incident to the police department that he oversaw, despite prior knowledge of the 1998 episode with Victim 6. At his preliminary hearing in December, Schultz had trouble recalling a lot of details and seemed unsure about whether or not a “crime” occurred. “I got the impression that there may have been some wrestling activities, and Sandusky may have grabbed the boy’s genitals.” Schultz’ grand jury testimony was deemed not credible. He is expected to plead the fifth if called to testify due to his impending trial.

Graham SpanierSpanier began serving as Penn State’s president on September 1, 1995 before being removed from his position by the Board of Trustees on November 9th for his handling of the Sandusky case including a November 5th statement of “unconditional support” for both Schultz and Curley. Spanier has not spoken since his removal but has taken on a position with the federal government working on national security projects and recently filed a lawsuit against Penn State regarding access to emails that are currently being held by the Attorney General’s Office. He appeared on a potential witness list provided by the defense last week.

Sue PaternoThe widow to her late husband, Sue Paterno has been active in the State College community for many years, especially with the Special Olympics. Last week, her name appeared on a list of potential witnesses despite not receiving any advanced notice about this development.

 

Jay PaternoThe son of Sue and Joe Paterno and former quarterbacks coach for the Nittany Lions, his name also appeared on the potential witness list last week. Both Paternos issued a joint statement through a family spokesperson on the matter.

 

 

Jack RaykovitzRaykovitz resigned as CEO of The Second Mile on November 13, 2011 amid the scandal. The Second Mile has since folded, transferring all assets to Arrow Child and Family Ministries in Houston. Raykovitz is not facing any charges of his own but did appear on the potential witness list last week.

 

 

Sara GanimThe 2008 Penn State journalism graduate and crime reporter for The Patriot News is credited with breaking the March 2011 story that Sandusky was under investigation for alleged child sexual abuse. Ganim won a Pulitzer Prize for her Sandusky coverage and also appeared on the potential witness list last week.

 

Other

Ray GricarRay Gricar remains a mysterious figure in the Sandusky case and for Pennsylvania in general. A former Centre County District Attorney who decided not to prosecute Jerry Sandusky in a 1998 sexual abuse investigation went missing on April 15, 2005. He was declared legally dead on July 25, 2011, but the Sandusky scandal has revived interest in his disappearance. His body has never been found, but his red Mini Cooper was found abandoned 55 miles from his home, and his county issued laptop and hard drive were located at the bottom of the Susquehanna River several months apart. His home computer revealed searches of “How to fry a hard drive” and “How water can damage a laptop.” While there have been several leads and claimed Gricar sightings, his disappearance remains a polarizing mystery.

 

The Accusers

Victim 1Victim 1 was a Second Mile participant who met Jerry Sandusky when he was 11 or 12 in 2005 or 2006. Sandusky took Victim 1 to sporting events and had the boy stay over his house several times. Victim 1 testified that Sandusky performed oral sex on him more than 20 times from 2007 through early 2008. Victim 1 terminated his relationship with Sandusky in the spring of 2008. He became the target of bullying last November at Central Mountain High School in Clinton County and quickly changed schools. Last Thursday, he graduated from high school and is ready to testify at the trial.

Victim 2 – Victim 2 was allegedly sexually abused by Jerry Sandusky in the locker room showers of Lasch Building on February 9, 2001. Part of the incident was witnessed by Mike McQueary. The boy was approximately 10 years old at the time of the abuse and has not been identified.

Victim 3 – Victim 3 met Sandusky in the summer of 2000 when he was in 7th or 8th grade. Sandusky began inviting Victim 3 to go places with him including Penn State Football games, Holuba Hall, and the gym. In the showers at the gym, Sandusky would wash the boy’s hair, give him bear hugs, and rub his shoulders. When sleeping over Sandusky’s house, Sandusky would rub the inside of Victim 3’s thigh and touch his genitals through his shorts. Victim 3 began laying on his stomach to prevent this.

Victim 4 – Victim 4 met Sandusky through The Second Mile when he was 12 or 13 in 1996 or 1997. He was subjected to Involuntary Deviate Sexual Intercourse and Indecent Assault by Sandusky. Most of the alleged abuse occurred on campus, but Victim 4 also traveled with Sandusky to bowl games. Sandusky threatened to send him home from the 1999 Alama Bowl when Victim 4 refused his advances, including positions where Sandusky’s head was at Victim 4’s genitals. He released a public statement through his lawyer after Sandusky waived his preliminary hearing in December. Last week, news emerged that Sandusky sent love letters to Victim 4 who is expected to be the first victim to testify and will show the letters and gifts that Sandusky gave him within his testimony.

Victim 5 –  Victim 5 met Sandusky through The Second Mile in 1995 or 1996 when he was in second or third grade. Sandusky took Victim 5 to several Penn State Football games. When Victim 5 was between 8-10 years old, Sandusky showered with him in the East Area Locker room. Sandusky pinned Victim 5 up against a wall in the shower where he took Victim 5’s hand and placed it on his erect penis. Victim 5 slid past Sandusky and out of the shower. He believes that he was not invited to another football game after that incident.

Victim 6 – Victim 6 met Sandusky in 1994 or 1995 when he was seven or eight years old. During a shower, Sandusky told Victim 6 “I’m going to squeeze your guts out.” He proceeded to bear hug Victim 6 from behind, holding Victim 6’s back against his chest. Upon returning home, the mother of Victim 6 noticed her son’s wet hair and was upset to learn about what happened. She reported the incident to University police who eavesdropped on two conversations between the mother of Victim 6 and Sandusky. During the May 19, 1998 conversation, Sandusky told the mother of Victim 6 “I understand. I was wrong. I wish I could get forgiveness. I know I won’t get it from you. I wish I were dead.” The investigation ended up being closed, and Gricar decided there would not be any criminal charges.

Victim 7 – Victim 7 met Sandusky through The Second Mile in 1994 when he was about 10 years old. Victim 7 often stayed over Sandusky’s house on Friday nights before Penn State games. While sleeping over, Sandusky would lie behind the boy with his arm around him. He also bear hugged him and cracked his back. Within the grand jury report, Victim 7 said that Sandusky put his hand down the waistband of Victim 7’s pants multiple times but never touched any private parts.

Victim 8 – In the fall of 2000 on a Thursday or Friday evening, Jim Calhoun — a temporary janitor in the Lasch Building — witnessed Sandusky performing oral sex on Victim 8 while the boy was pinned up against a wall in the shower. Calhoun did not know who Sandusky was but was very distraught while attempting to explain what he saw to other employees to the point that fellow workers were concerned he would have a heart attack. “[I] fought in the [Korean War]… seen people with their guts blowed out, arms dismembered… I just witnessed something in there I’ll never forget.” Jay Witherite, Calhoun’s immediate supervisor, told him to whom he should report the incident if he chose, but an incident was never reported. Calhoun is unable to testify because he suffers from dementia, and Victim 8 has not been identified.

Victim 9 – Victim 9 participated in Second Mile activities from 2004 through 2008. Sandusky first contacted him when he was 11 or 12 years old and proceeded to take him to many Penn State football games in addition to providing him with gifts and money. Much of the abuse occurred in the basement of Sandusky’s house when Victim 9 would stay overnight. Victim 9 testified that he was forced to perform oral sex on Sandusky numerous times, and Sandusky also attempted to engage in anal penetration at least sixteen times, sometimes succeeding. Victim 9 claimed that he once screamed for help, knowing Dottie Sandusky was upstairs, but his calls were to no avail. Victim 9 went to the police with these allegations after Sandusky was originally arrested in November.

Victim 10 -Victim 10 became involved with The Second Mile in 1997, and Sandusky brought him to a Penn State football game that fall. Victim 10 never stayed overnight at Sandusky’s home but spent much time in the basement where Sandusky would perform oral sex on him during wrestling sessions. Victim 10’s relationship with Sandusky ended when Sandusky once pulled down his pants inside his vehicle, exposing his penis and indicating he wanted Victim 10 to perform oral sex on him. The boy refused and told his foster mother that he did not want to see Sandusky again. Victim 10 went to the police with these allegations after Sandusky was originally arrested in November.

The Jury

Juror #1 –  A middle-aged Caucasian woman. Works at Walmart, mother of two.
Juror #2 –
A 24 year old male student. His father worked for Penn State.
Juror #3 –
A middle-aged woman, had Penn State season tickets since the 1970s. Her husband also works in John McQueary’s (Mike McQueary’s father) former medical practice.
Juror #4 –
A middle-aged white male who is an engineer from State College.
Juror #5 –
A 2003 Penn State graduate and a male science teacher at Bellefonte Area High school.
Juror #6 –
A Caucasian female in her 20s who “doesn’t watch news or know anything about this case at all.”
Juror #7 –
A Penn State senior. He was wearing a Penn State archery t-shirt during jury selection. He works at an athletic facility on campus and had a cousin on the football team.
Juror #8 –  
A Caucasian male in his late 60s or early 70s. He is a retired Penn State professor.
Juror #9 –
A Caucasian female in her 70s. She is a retired school bus driver who wants to “help kids.”
Juror #10 –
A Caucasian female in her 50s with light brown hair, works for Penn State as an administrative assistant.
Juror #11 –
A female in her 30s, dance instructor at PSU with young son. She said yes when Amendola asked if she “realizes children don’t always tell the truth.”
Juror #12 –
A white female in her 50s or 60s, PSU professor of 24 years. Worked on a committee for six years with Graham Spanier and Rodney Erickson. She has sons ages 14 and 16. Jerry Sandusky gave her commencement speech.

The Timeline

1965 – Jerry Sandusky starts at defensive end under first-year coach Joe Paterno.

1969 – Sandusky begins his coaching career at Penn State as a defensive line coach.

1977 – Sandusky is promoted to Defensive Coordinator; founds Second Mile.

May 1998 – University Park police investigate the shower incident surrounding Jerry Sandusky and Victim 6. Jerry tells Victim 6’s mother, “I understand. I was wrong. I wish I could get forgiveness. I know I won’t get it from you. I wish I were dead.” Sandusky was not charged.

1999 – Jerry Sandusky retires from coaching Penn State football, but retains Emeritus status.

February 8th, 2001 –
The shower incident at the Lasch building is the most publicized episode of Jerry Sandusky’s alleged sexual abuse crimes. Mike McQueary walked in on Sandusky lined up behind victim 2 in addition to hearing a “slapping” sound. McQueary later testified that he did not witness insertion, but did describe Sandusky’s position as “extremely sexual”.

April 15th, 2005 – Centre County District Attorney, Ray Gricar, disappears.

2009 – Grand jury investigation regarding incidents surrounding Jerry Sandusky and a Clinton County child begins.

March 30, 2011– Patriot News reporter Sara Ganim breaks the news that Jerry Sandusky is the subject of a federal grand jury investigation.

October 29th, 2011 –
Joe Paterno wins his 409th game as Penn State football coach.

November 4, 2011 – Jerry Sandusky is indicted on 40 counts of sex crimes.

November 5, 2011 – News surfaces that Penn State administrators Gary Schultz and Tim Curley are facing perjury and failure to report charges as grand jury report is made available to the public. Graham Spanier offers Schultz and Curley “unconditional support.”

November 8th, 2011 –
Joe Paterno’s weekly press conference is cancelled. Hundreds of students gather at his house later that evening.

November 9th, 2011 – Joe Paterno announces his intention to retire at the end of the season. Later that night, the Board of Trustees announce a press conference at the The Penn Stater Hotel and Conference Center. Graham Spanier and Joe Paterno are both removed from their respective positions. 2,000+ students riot in the streets of State College.

November 10th, 2011 – Tom Bradley takes over as interim head coach.

November 11th, 2011A candlelight vigil is held for the alleged victims on Old Main lawn.

November 12th, 2011 – Penn State falls to Nebraska 17-14 in front of a “blue-out” in support of child abuse victims.

December 7th, 2011Two more victims come forward and account for 12 new charges against Jerry Sandusky, totaling 52 in all.

December 13th, 2011 – Jerry Sandusky waives his preliminary hearing in Bellefonte

January 22nd, 2012Joe Paterno passes away at the age of 85 from lung cancer.

May 8th, 2012Mike McQueary files a writ of summons indicating that he intends to file a whistleblower suit against Penn State.

May 25, 2011 – Second Mile ceases operation. Graham Spanier sues Penn State in an attempt to make the school release personal emails to him to prepare for any testimony he may have to give.

June 5th, 2012 – Jury selection begins. All 16 members (12 + 4 alternates) were selected in only two days.

June 11th, 2012 – The trial begins.

[INFOGRAPHIC]: Jerry Sandusky faces up to 529 years in prison and $825,000 in fines. (Click to enlarge)

Drew Balis and Zach Berger also contributed to this guide.

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About the Author

Ryan Beckler

Ryan is a senior in the Smeal College of Business majoring in Marketing. He is a Lion Ambassador who loves giving tours to prospective students. His favorite activities include distributing news and consuming Chipotle.

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