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Gary Schultz, Tim Curley Hearing: Penn State Officials Face Perjury Charges

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FILE - In these Nov. 7, 2011 file photos, former Penn State vice president Gary Schultz, left, and former athletic director Tim Curley, right, enter a district judges office for an arriagnment in Harrisburg Pa. Lawyers for the two administrators charged with perjury and with failing to properly report suspected child abuse want prosecutors to turn over material to help them prepare for their preliminary hearing next month. (AP Photo/File)
FILE - In these Nov. 7, 2011 file photos, former Penn State vice president Gary Schultz, left, and former athletic director Tim Curley, right, enter a district judges office for an arriagnment in Harrisburg Pa. Lawyers for the two administrators charged with perjury and with failing to properly report suspected child abuse want prosecutors to turn over material to help them prepare for their preliminary hearing next month. (AP Photo/File)

HARRISBURG, Pa. -- Two Penn State officials plan to fight perjury charges and allegations they did not respond properly after being told a young boy had been sodomized in the football team's showers as a judge decides if their cases should go to trial.

Gary Schultz and Tim Curley arrived at a Pennsylvania courthouse for their preliminary hearing Friday morning. They were charged with perjury and failure to report child abuse in early November, on the same day former assistant coach Jerry Sandusky was accused of child sex abuse.

Schultz was a vice president at the university and had overseen the campus police. Curley was the university's long-serving athletic director. Since they were arrested six weeks ago, Schultz has retired and Curley has been on administrative leave. Both maintain their innocence.

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@ OrenCBS3 : Court adjourned until 1:45 PM. Back with you in 90 minutes.

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With all the in-person witnesses for the day called, the testimonies of Paterno, Curley and Schultz are being read into the record.

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@ jimbaumbach : Agent says his investigation showed no report was made to police or child services re 2002 incident - this is re failure to report charges.

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@ OrenCBS3 : Manderbach done. On to our last witness of the day. Anthony Sassano. Agent with PA AG's office.

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@ roxburynews : Question to Manderbach--what's the process of swearing in of witnesses during Grand Jury? She was present for Curley & Schultz oaths. #psu

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Taking the stand after McQueary's father is the woman who served as court reporter during grand jury investigation

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Testimony seems very similar to son's and he reiterates the idea that Schultz represented police presence in meetings.

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@ DanWetzel : McQueary's father said Schultz said there were previous Sandusky allegations:" there has been a noise level about this"..."other innuendos"

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@ jimbaumbach : John McQueary says he repeated Mike's version to Schultz, that he had witnessed something "sexual in nature" going on.

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@ roxburynews : McQuery's dad states he spoke w/Gary Schultz about Sandusky incident. Dr. Dranov present at that discussion, too. #psu

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And the next witness is Mike McQueary's father, John. Considering Dranov intrigue, this has a lot of ramifications for credibility in this case as well as Samdusky's case.

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@ roxburynews : In end, Harmon said satisfied w/conclusion of investigation on 1998 Sandusky shower story. Centre County DA did not pursue a crime. #psu

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@ annaorso : Harmon said Schultz was notified about the 1998 investigation. Said he made at least four phone calls to Schultz about it.

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Former Penn State police director Thomas R. Harmon is taking the stand.

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After more than two hours, McQueary is off the stand. The defense attorney's didn't bring much new information to light but certainly showed the clear intention to question his specific memories of something from so many years ago as well as raise issues about why he wouldn't have reported incident to the police if it had indeed taken place.

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@ jimbaumbach : Schultz's lawyer, in an effort to distance Schultz from police, asks McQueary if he's ever seen Schultz in uniform or with a firearm.

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@ cvmikesisak : McQ: Has not seen Sandusky in locker room since night of incident, but has seen him in the Lasch football building.

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Seems to be picking up where Curley's counsel left off, getting right back to details of Lasch Building.

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@ ismithkdka : Defense asks if McQueary & father ever considered calling police. McQueary responds Yes. Asked if they did call police. McQueary says No.

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@ jimbaumbach : Now Curley's attorney is pressing McQueary on memory of meeting with Curley/Schultz. McQueary insists he mentioned positions and slapping.

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@ roxburynews : Anal sodomy? McQuery says he never used those two words together. "I have never used the word 'anal' or 'rape' since day 1." #psu

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Reports indicate family friend has different version of account McQueary delivered on evening of incident. Defense obviously focused on these potential differences.

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@ roxburynews : Introduction of fam friend, Dr. Jonathan Dranov. McQuery's father called Dranov. Dranov heard McQuery's account of Sandusky in shower. #psu

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@ cvmikesisak : Curley attorney attempts to paint McQueary as inactive, cowardly... “Why didnt you say, ‘hey YO! It’s Mike McQueary and I’m in the shower’”

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@ DailyCollegian : Roberto testing McQueary's recollection by asking extremely specific questions -- i.e. mechanics of Lasch building doors. #PSUCharges

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The defense attorney is testing McQueary's recollection of various details about the locker room, school security as well as the night in question, seemingly looking to coax an incorrect statement or inconsistency.

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@ roxburynews : Discussion in Courtroom right is about security of PSU Lasch Building--keys, cameras, sign-ins? #psu

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@ WPXI_Courtney : Curley's atty asking questions about the Lasch building & McQueary's office & surveillance cameras around the building

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After being allowed to relay his version of events without challenge, the attorney for former AD Tim Curley is set to question McQueary.

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@ DailyCollegian : McQueary says he "found it troubling and not right" that Sandusky was still using facilities. #PSUCharges

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The hearing in Dauphin County court in Harrisburg requires the attorney general's office to prove there is a minimum of evidence to support the charges, a relatively low bar and a proceeding that defendants have the right to waive. Sandusky, the school's retired assistant football coach, is charged with 52 criminal counts accusing him of molesting 10 boys. He says he is innocent.

The Penn State assistant coach at the heart of the perjury case arrived at the court shortly after Schultz and Curley on Friday. Mike McQueary declined to speak to reporters as he entered the courthouse.

McQueary told the grand jury he saw Sandusky attacking a boy in the shower.

Curley and Schultz gave different accounts, and are charged with not properly alerting law enforcement when McQueary contacted them.

To support the perjury charges, prosecutors must show probable cause the two men lied and that the lies were intentional and material to the case.

Sandusky on Tuesday waived his preliminary hearing at the last minute. His lawyer said he was concerned the proceeding would be too one-sided and that prosecutors had agreed not to seek a bail increase.

The attorneys for Curley and Schultz have not indicated they intend to waive, and even issued a statement earlier this week saying the defendants were looking forward to the preliminary hearing and "to start the process of clearing their good names and demonstrating that they testified truthfully to the grand jury."

McQueary's testimony is central to the case, and Sandusky's lawyer and others think he will have to testify Friday. His appearance would mark the first time he has testified in public about what he saw and heard inside the Lasch Football Building.

McQueary told the grand jury he saw Sandusky raping the boy one Friday night before spring break. He said he called his father, then left distraught. He and his father met with coach Joe Paterno the next day.

Paterno, in turn, told his boss, Curley.

Paterno, according to the grand jury report, told Curley that his graduate assistant had seen Sandusky "fondling or doing something of a sexual nature."

Schultz, who oversaw campus security, and Curley met with McQueary 10 days later. McQueary told them that he thought Sandusky had sodomized a young boy, according to his grand jury testimony, which the panel found "extremely credible."

Curley, though, denied that McQueary reported a rape or anything "of a sexual nature whatsoever," the report said. The athletic director described the conduct as "horsing around," the panel said.

Schultz was unsure of what he had been told, but denied the reported conduct included sodomy. He told the grand jury that he was left with "the impression that Sandusky might have inappropriately grabbed the young boy's genitals while wrestling."

The accounts continued to morph, according to the grand jury's outline, when the two university officials spoke to school President Graham Spanier. Spanier testified that he was told Sandusky and a boy "were horsing around in the shower."

Curley, 57, and Schultz, 62, face up to seven years in prison if convicted of perjury. The other charge is a summary offense, less serious than a misdemeanor.

The hearing raises the prospect that Paterno, the 84-year-old campus icon now being treated for lung cancer and a re-fractured pelvis, may be called to the stand. The attorney general's office declined to say who is on its witness list, and it's unclear whether prosecutors could have his grand jury testimony read into the record.

McQueary told the grand jury that he happened upon "rhythmic, slapping sounds" in the locker room showers and added that both Sandusky and the boy saw him there, according to a grand jury presentment. Authorities did not know the boy's identity when the report was issued.

McQueary has become a lightning rod in the case, taking heat for not going to the boy's aid or immediately calling police. In a recent email to friends, he went on the defensive, saying he made sure the abuse stopped and went to authorities.

Defense lawyers would no doubt challenge McQueary about his more recent statements. Local and campus police have said they received no such complaint.

Meanwhile, The Patriot-News of Harrisburg has reported that McQueary's story changed when speaking in 2002 to Dr. Jonathan Dranov, a family friend. The newspaper report cited a source said to be familiar with Dranov's testimony.

"If this information is true, and we believe it is, it would be powerful, exculpatory evidence and the charges against our clients should be dismissed," Caroline Roberto, a lawyer for Curley, and Tom Farrell, the attorney representing Schultz, said in their statement.

The Associated Press was unable to reach Dranov this week at his home and office.

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Associated Press writer Joe Mandak in Pittsburgh contributed to this report.

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