Penn State Officials Can Be Tried For Perjury

UPDATE: Two Penn State official can be tried on charges they lied to a grand jury about an allegation of child sex abuse against ex-Penn State assistant football coach Jerry Sandusky, a Pennsylvania judge ruled Friday.

The Associated Press reports that lawyers for the two men, Penn State athletic director Tim Curley and school VP Gary Schultz, maintain their clients are innocent and deny a claim from another assistant football coach, Mike McQueary, that he told the two school officials that he walked in on Sandusky molesting a boy in a university locker room shower in 2002.

The other major piece of news from Friday's hearing involved McQueary, whose grand jury testimony was the most explosive and played a major role in the ouster of long-time head coach Joe Paterno. McQueary spoke for the first time in public about the 2002 encounter he claims to have witnessed, telling the court that he saw Sandusky standing behind the young boy with his hands around his waist, but that he wasn't 100 percent sure that it was intercourse, according to the AP.

Tuesday, Dec. 13: Jerry Sandusky won't face his accusers today after all.

The former Penn State football coach unexpectedly waived his right to a preliminary hearing on Tuesday, during which several of the 10 males who have accused him of sexually abusing them as children were expected to take the stand.

The Associated Press reports that as Sandusky left the courthouse he told reporters that he would "stay the course, fight for four quarters" and would present his side of the story later. Sandusky has maintained his innocence in the face of rather horrific accusations of serial child sex abuses and despite admitting in a television interview that he had showered and wrestled with young boys.

If Sandusky had not waived his right to Tuesday's preliminary hearing, prosecutors would have needed to present enough evidence to prove that the case should be brought to trial. Given the detailed grand jury reports, the prosecution was expected to easily clear that bar.

Joe Amendola, Sandusky's attorney, said the decision to waive the hearing was a "tactical decision" because having the accusations against his client repeated "really would have left us with the worst of all worlds," CBS News reports.

Sandusky's next court date is Jan. 11. He remains under house arrest.

"This development we believe provides maximum protection to most importantly the victims in the case," Senior Deputy Attorney General E. Marc Costanzo said Tuesday. "It avoids their having to testify for a second time. They will of course testify at a trial in the case."

Thursday, Dec. 8 at 5:14 p.m. Jerry Sandusky's wife on Thursday publicly came to the defense of her husband for the first time, saying that his accusers are lying and that he he is innocent of the child sex abuse charges against him

"As the mother of six children, I have been devastated by these accusations. I am also angry about these false accusations that such a terrible incident ever occurred in my home," Dottie Sandusky said a statement. "No child who ever visited our home was ever forced to stay in our basement and fed there."

Here's the entire statement, as released by her attorney (via the Patriot-News):

"I want to thank our children, our family, our extended family of former Second Mile participants, and all our friends for standing by us through these difficult times. Jerry and I want to express our sorrow for all the hurt that has come to those who have supported us and our beloved Penn State and State College Communities.

"I have been shocked and dismayed by the allegations made against Jerry, particularly the most recent one that a now young man has said he was kept in our basement during visits and screamed for help as Jerry assaulted him while I was in our home and didn’t respond to his cries for help.

"As the mother of six children, I have been devastated by these accusations. I am also angry about these false accusations that such a terrible incident ever occurred in my home. No child who ever visited our home was ever forced to stay in our basement and fed there. All the kids who visited us ate with us and our kids and other guests when they were at our home. Our children, our extended family and friends know how much Jerry and I love kids and have always tried to help and care for them. We would never do anything to hurt them. I am so sad anyone would make such a terrible accusation which is absolutely untrue. We don’t know why these young men have made these false accusations, but we want everyone to know they are untrue.

"I continue to believe in Jerry’s innocence and all the good things he has done. Jerry’s many success stories with his Second Mile kids and positive memories of those kids keep me going. I am asking everyone to please be reasonable and open-minded until both sides of this case are heard, and Jerry has the opportunity to prove his innocence.

"I would like to thank all those individuals who continue to support Jerry and hope they will continue to support us through the conclusion of this very sad time in our lives."

Thursday, Dec. 8 at 12:30 p.m.: Jerry Sandusky posted bail on Thursday after spending the night in jail on new child sex abuse charges.

The Associated Press reports that it is not clear if Sandusky has already left the jail (processing can take some time) but notes that court records show that the ex-Penn State coach used $200,000 in real estate holdings and a $50,000 certified check provided by his wife to post bail.

Under the conditions of his bail, he'll be confined to his home and subject to electronic monitoring. He's due back in court next week for a preliminary hearing. In all, he now faces more than 50 charges of child sex abuse.

Thursday, Dec. 8: Here's the latest horrific detail that is leading news stories about the new round of child sex abuse accusations against Jerry Sandusky: One of the two new accusers says he screamed for help while in the ex-Penn State coach's basement but that no one came to his aid, despite the fact that Sandusky's wife was upstairs at the time.

The Patriot-News reports that the now-18-year-old accuser, known as Victim 9 in the grand jury report, testified to a pattern of sexual assault by Sandusky over a period of several years. Many of those assaults occurred in the basement bedroom of Sandusky's Pennsylvania home, according to the accuser, who claims that Sandusky tried to rape him on at least 16 different occasions and, at times, did penetrate him.

"Sandusky frequently told him he loved and cared for him," the grand jury report reads. "He also told the victim to keep things a secret."

The accuser says that during at least one incident while in the basement, he screamed out for help knowing that Sandusky's wife, Dottie, was upstairs. But neither she nor anyone else came to his rescue.

Wednesday, Dec. 7: Jerry Sandusky was led away from his Pennsylvania home in handcuffs Wednesday after police arrested the former Penn State football coach on new child sex abuse charges brought by two new accusers, the Washington Post reports.

The new accusers came forward in the wake of the earlier allegations against Sandusky. ABC News reports that, according to the state AG, both met Sandusky through his Second Mile charity and have offered accounts of the alleged molestation that are similar to the previous accusations made by others.

The new charges include involuntary deviate sexual intercourse and unlawful contract with a minor. The new charges will reportedly be included in the preliminary hearing already scheduled for next week.

You can read the new grand jury report here.

Tuesday, Dec. 6 at 2:22 p.m.: All eight Sandusky accusers may not testify against Jerry Sandusky next week after all.

Earlier Tuesday, ABC News reported that, according to its sources, all eight males cited as victims in the grand jury report would take the stand during next week's preliminary hearing. But an attorney for one of the eight accusers told the Associated Press later in the day that his best guess was that prosecutors would call six of the eight to testify, including his client.

A spokesman for the state attorney general's office, meanwhile, wouldn't comment on how many accusers would be called to provide testimony against the ex-Penn State football coach, instead saying only that the prosecutors were ready to present the evidence they feel would be needed to send the case to trial.

Tuesday, Dec. 6: All eight males cited as victims in the grand jury report against Jerry Sandusky will testify against the ex-Penn State coach at next week’s preliminary hearing, ABC News reports.

The news is seen as the latest in a string of blows to Sandusky's defense. His lawyer, Joe Amendola, had previously said that the defense believed that it had spoken with one of the eight (they were not actually named in the grand jury report) and that he wouldn’t testify against Sandusky. "The kid is … now grown up, he’s in his 20s," Amendola said last month. "He’s adamant that nothing sexual occurred."

Sandusky, of course, has done himself no favors ahead of the hearings. He has maintained his innocence but nonetheless has admitted to showering with children and to “horsing around” with them.

The preliminary hearing is set to begin Dec. 13 and last for several days.

Thursday, Dec. 1: Jerry Sandusky is maintaining his innocence and has no plans to seek a plea deal with prosecutors as things stand now, the former Penn State defensive coordinator's lawyer said Thursday.

The lawyer, Joe Amendola, told the Associated Press that his client has never seriously considered a plea in the case, and that the topic of pleading guilty came up only as a "what-if" scenario involving the possibility of additional charges.

Of course those additional charges could very well be on their way. Sandusky is currently charged with sexually abusing eight boys over a 15-year span, but a new accuser came forward Wednesday and the state's child services agency is said to be investigating two other related cases against Sandusky.

Wednesday, Nov. 30: A new accuser filed a lawsuit against Jerry Sandusky on Wednesday, alleging that the former Penn State defensive coordinator sexually abused him more than 100 times over a four-year period that ended in 1996, and then threatened to harm his family in a bid to keep him quiet.

"I am hurting and have been for a long time because of what happened, but feel now even more tormented that I have learned of so many other kids were abused after me," the 29-year-old plaintiff, referred to only as John Doe in court documents, said in a statement provided to the Associated Press shortly after the lawsuit was filed.

The accuser is the first to file a lawsuit against Sandusky in connection with the child abuse sex scandal, although he is reportedly not one of the eight victims mentioned in the lengthy grand jury report. An attorney for the plaintiff said that he had filed a new complaint with law enforcement officials on Tuesday, but wouldn’t say to which agency.

According to the lawsuit – which also names Penn State University and Sandusky’s The Second Mile children’s charity as defendants – the new accuser met the former football coach through the charity and that he was later sexually abused at the coach’s home, in a university locker room, on trips to Philadelphia and at a football bowl game. The abuse allegedly began when the plaintiff was 10 and continued until he was 14.

A Penn State spokeswoman told reporters that she would decline to comment until after she saw the lawsuit. The Second Mile, however, released a statement saying the charity would "adhere to its legal responsibilities throughout this process. As always, our thoughts and prayers are with the victims and their families."

Wednesday, Nov. 24 at 4:30 p.m.: The latest twist: One of the two new sex abuse allegations against Jerry Sandusky was made by a member of his own family, the former Penn State assistant coach's lawyer said Wednesday.

The Patriot-News, again, with the scoop: "Attorney Joe Amendola said the allegations stem from difficulties within the child's immediate family. He said the assault is alleged to have occurred prior to Sandusky's arrest earlier this month, but was not brought to the authorities attention until after the former Penn State coach was charged."

Wednesday, Nov. 23: The Patriot-News has its latest scoop: Pennsylvania’s Children and Youth Services has opened two new cases of child abuse against Jerry Sandusky in the past 60 days.

The new investigations are noteworthy because, if the allegations prove credible, they would further raise questions about why police waited so long to arrest Sandusky after his first accuser came forward, and whether the delay put additional children in danger.

The Patriot-News explains:

"[T]hese would be the first known cases to be reported since Sandusky’s arrest that involve current children. All of the other publicly known cases of alleged victims coming forward have been adults.

"In Pennsylvania, when an adult comes forward and alleges abuse -- even if it happened when that person was a child -- it’s solely a police matter. CYS only participates in the investigation if the victim is still under 18."

Sandusky is currently free on bail. State officials have been under heavy scrutiny for electing not to detain Sandusky. His attorney, Joe Amendola, supported Sandusky’s freedom when he told ABC News in an interview, “If you believe that Jerry Sandusky was a pedophile, then you had to believe there was a substantial risk. That while you were continuing a three-year grand jury investigation which could've resulted in an arrest with the first boy coming forward three years ago."

Meanwhile, the Associated Press reports that the Pennsylvania court system has announced that all "the judges in Penn State's home county [have] removed themselves from potentially presiding over the child sex-abuse case against former assistant football coach Jerry Sandusky and will be replaced by outside jurists."

Tuesday, Nov. 22: Former Penn State assistant coach Jerry Sandusky’s preliminary hearing has been pushed back a week to Tuesday, December 13, the Associated Press reports.

A posting on the court's website says the delay was meant to accommodate "logistical needs."

Sandusky faces 40 charges of child sex abuse, and is alleged to have sexually abused eight boys over a period of 15 years. At the hearing, taking place in Bellefonte, Pennsylvania, prosecutors will try to prove that they have enough evidence to take the case to trial.

Sandusky’s attorney Joe Amendola told ABC News that he expects more alleged victims to step forward in the coming weeks, and more charges for Sandusky. If that happens, Sandusky’s bail will likely be raise or revoked, possibly leaving him waiting out the days until his trial in jail.

"My concern is if they bring new charges based upon new people coming forth, that bail's going to be set, and he's going to wind up in jail," Amendola said, maintaining Sandusky’s innocence.

The Washington Post reports that Sandusky is currently free on $100,000 unsecured bond. But the judge who set the bail has since faced scrutiny and been reassigned due to ties with The Second Mile, the charity Sandusky founded for at-risk children and allegedly used for access to molest young boys.

According to ESPN, preliminary hearings for Penn State senior VP Gary Schultz and athletic director Tim Curley are still scheduled for Dec. 6. They are accused of failing to properly report suspected abuse and perjury before a grand jury.