NBC: Former Penn State president could face charges in Sandusky case

Disturbing details emerged at the sexual abuse trial of former assistant Penn State football coach Jerry Sandusky. During the emotional testimony, the first witness who was identified in court documents as 'Victim 4,' said he was a teenager when the abuse began. NBC's John Yang reports.

Updated at 8:36 p.m. ET: Pennsylvania prosecutors are considering criminal charges against former top Penn State University officials for allegedly concealing what they knew about the conduct of former assistant football coach Jerry Sandusky, law enforcement told NBC News.

As Sandusky's trial began Monday on 52 counts alleging that he abused 10 boys over 15 years, the sources said investigators had obtained new evidence, including internal university email messages and other documents.

Prosecutors made their first public reference to the material in a court filing Monday, saying they included a file on Sandusky that was “created, maintained and possessed” by former Penn State Vice President Gary Schultz.


In addition, prosecutors said, the recently discovered emails “contradict” the testimony of Schultz, former athletic director Tim Curley “and others” before a grand jury about what they knew about an allegation of possible sexual misconduct by Sandusky.

Full coverage of the Jerry Sandusky trial

A spokeswoman for Curley and Schultz said their lawyers had not yet seen the new filing by prosecutors and couldn’t comment on it. Both men were charged with perjury for their testimony regarding Sandusky last November.

Legal sources tell NBC the emails and documents were recently discovered by investigators for former FBI director Louis Freeh, whose firm has been hired by Penn State to conduct an internal investigation into the school’s handling of the Sandusky matter.

The documents, the sources say, show that former university President Graham Spanier and others discussed whether they were obligated to tell authorities about a 2001 allegation involving a late-night encounter in a Penn State shower room between Sandusky and a young boy, both of whom were naked.

The documents allegedly show that university officials even did legal research on whether such conduct might be a crime. But in one email exchange, Spanier and Schultz agreed that it would be "humane” -- to Sandusky -- not to inform social services agencies, two sources said.

Spanier, who was fired last November, hasn't been charged in the investigation. He recently sued Penn State seeking access the emails, saying he needed to inspect them to “refresh his recollection” before granting an interview to Freeh’s investigators. His lawyers did not respond to a request for comment.

The allegation had come from then-graduate assistant Mike McQueary, who testified he saw Sandusky in a Penn State shower room with a young boy committing what he thought was a sexual act. He was so disturbed, he said, that he called late Penn State coach Joe Paterno at home the next morning. Both Schultz and Spanier testified they didn’t report the McQueary allegation because they viewed it as an account of mere “horsing around” rather than sexual abuse.

McQueary — who is expected to testify for the prosecution at Sandusky's trial — originally testified to a grand jury that he saw Sandusky in the shower with a young boy in March 2002. An email revealed Monday indicates that Spanier, Schultz and Curley discussed what McQueary allegedly saw and whether to report it more than a year earlier.

In a statement to NBC News on Sunday, lawyers for Schultz and Curley said "the information confirms that Tim Curley and Gary Schultz conscientiously considered Mike McQueary's reports of observing inappropriate conduct, reported it to the University President Graham Spanier and deliberated about how to responsibly deal with the conduct."

Schultz, who headed the campus police at the time, previously testified to a grand jury that he knew about another alleged incident involving Sandusky and a young boy in a shower in 1998. That report was investigated by local authorities but never led to charges.

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They should all be charged. Any bum who doesn't protect a child should be sent up the river. Let's see protect a child from a perverted monster or protect a football program. And this was a tough call??? Who are these people??? Didn't any of them have a moral compass or guts???

Oh I love football too and it's all about guts and none of these people had any guts. Useless, wastes of space .Try and convict them all. Totally useless, self serving, spineless. They make me sick.. For the poor victims, hang in there, no one will believe any of the defense's stories.

  • 2 votes
Reply#59 - Mon Jun 11, 2012 10:08 PM EDT

The God at Penn State is Football. No question, that is what happened here. No one wanted to see the football program "injured" so they brushed all this sordidness under the rug and pretended it was all OK, and it was so for many years. Think how many kids were destroyed by Sandusky alone, now consider that there were probably other perps who realized Sandusky was getting away with it, and joined in. These guys usually belong to "clubs" and pass around their victims, I am told, and if not physically, at least in photos and videos. I think Sanduskys wife is complicit, because this happened in their home, and she denies knowing anything about it. Yet at leat one kid describes screaming for help when he was sure she was home. It makes me sick. I hope they hang them all out to dry!

  • 2 votes
Reply#60 - Mon Jun 11, 2012 10:20 PM EDT

These dirtbags knew and hushed it up, just like bishops and cardinals who hid priests' raping of altar boys for decades. Prosecute them.

  • 2 votes
Reply#62 - Mon Jun 11, 2012 10:35 PM EDT

The entire football program needs to be shut down completely at Penn State! The one and only reason why these incidents were never reported was to coverup and protect the integrity of the program... It's all a sham and anyone involved with it are nothing but facilitators...So innocent children are nothing compared to the almighty program? Shut the damn thing down now!

  • 2 votes
Reply#63 - Mon Jun 11, 2012 10:44 PM EDT

Meta,

Take your pills and go nighty, night...

  • 2 votes
#63.1 - Mon Jun 11, 2012 10:51 PM EDT

Metazip.....Wow. I was going to say some hurtful things to you, but you are so dumb, that I feel sorry for you.

  • 1 vote
#63.2 - Mon Jun 11, 2012 11:49 PM EDT
Reply

They should all go down for this! A bunch of do nothing over paid idiots!

  • 2 votes
Reply#64 - Mon Jun 11, 2012 10:53 PM EDT

They? I think "they" did all go down for this... Paterno, Spanier, Curley, Schultz, McQuery, Sandusky... did I miss anyone?

Guess I don't get the "overpaid" part of your statement. You concerned more about how much they are paid than the charges of molestation and failure of leadership?

    #64.1 - Mon Jun 11, 2012 10:56 PM EDT

    No, They should all go down because if they don't, true justice will not have been served.

    I'm sure one day many more people will be implicated when someones guilt compels them to expose all that they know, as they should.


    NO MORE TAX DOLLARS FOR PENN STATE !

    • 2 votes
    #64.2 - Mon Jun 11, 2012 11:09 PM EDT

    Zipper....

    ???

    And... no this will not stop the flow of tax dollars to Penn State. WHAT are you smoking??

    • 1 vote
    #64.3 - Mon Jun 11, 2012 11:21 PM EDT

    Don't get your reply, they have not all gone down and out,just a few. They all need to be charged, Just saying they were overpaid at their level, not to diminish the gross molestation.

      #64.4 - Mon Jun 11, 2012 11:30 PM EDT

      Scott... Penn State probably has 12-15 thousand employees. Who are you referring to as "They have not all gone down".

      I work at another large university and been in higher ed administration for a very long time. Therefore, I am wondering who else you feel should be accountable in addition to the top dogs who have already taken a hit.

        #64.5 - Mon Jun 11, 2012 11:36 PM EDT
        Reply

        Sandusky must receive the full consequence of the REAL law, not the political handslapping. He has destroyed countless lives; his universities reputation; Joe Paterno lost his life in part over the secret he had to keep; and our country is more damaged by the permission granted these sick people who molest our children and destroy their confidence and belief in their own value. Sandusky and his ilk, must reap the consequences of his sickness. He is a destroyer no less than a flesh eating virus.

        I can only pray that the people of the entire country . . . not just Pennsylvania . . . will speak out LOUDLY if this man gets away with any of his crimes. It is more than disgusting. It is a NATIONAL DISGRACE.~

        • 1 vote
        Reply#65 - Mon Jun 11, 2012 11:23 PM EDT

        Very well said!! Totally agree...

        The question remains whether the jury will agree with us. I want to learn the truth. Not some fabricated lies or deception. We'll see...

        I really doubt this will turn out the way we expect. In today's world, no one can predict how a trial will end.

          #65.1 - Mon Jun 11, 2012 11:27 PM EDT

          "Joe Paterno lost his life in part over the secret he had to keep"

          Joe didn't HAVE to keep any secrets, it was a choice he made.

            #65.2 - Tue Jun 12, 2012 12:46 AM EDT
            Reply

            PLEASE SIGN AND SHARE THIS PETITION TO HAVE CASEY ANTHONY TRIED IN FEDERAL COURT. CREATED 4/14/12.

            Double jeopardy is subject the dual sovereignty doctrine. It states that a person can be tried for the same crime twice if he or she is being tried by more than one distinct, sovereign government. A person can be tried by the federal government and by a state government for the same crime. Both entities are distinctly sovereign units that have their own sets of laws and their power derived from different sets of people.

            The petition addresses the DOJ policy that guides them in deciding whether or not to bring federal charges against someone after a person has already been tried by a state.

            www.change.org/petitions/lanny-a-breuer-assistant-attorney-general-criminal-division-try-casey-anthony-in-federal-court-for-the-murder-of-her-daughter

            or go to change.org and search for BREUER

              Reply#66 - Mon Jun 11, 2012 11:27 PM EDT

              Click above ad as advertising; it is.

                #66.1 - Tue Jun 12, 2012 12:00 AM EDT
                Reply

                But in one email exchange, Spanier and Schultz agreed that it would be "humane” -- to Sandusky -- not to inform social services agencies, two sources said.

                *shakes head*

                What kind of bizarre world do these two guys live in?

                • 2 votes
                Reply#67 - Mon Jun 11, 2012 11:41 PM EDT

                A world that they control with delegated authority. There are few administrators more powerful than President, Athletic Director, and the guy who controls financial affairs (Schultz).

                I think the email will be shared with the public after the trial. I want to see the arrogance of these fools first hand...

                • 3 votes
                #67.1 - Mon Jun 11, 2012 11:56 PM EDT
                Reply

                How does this situation differ from the Catholic higher-ups who covered for sexually abusive priests? At some level, more than one person abused those boys. What's worse, they knew from a previous incident that Sandusky had a possible proclivity for sexual abuse or at the lease inappropriate behavior. Unbelievable they decided not to contact social services as a "humane" gesture to Sandusky. I hope they are criminally charged, and Penn State gets sued in civil court.

                • 3 votes
                Reply#68 - Mon Jun 11, 2012 11:44 PM EDT

                It looks like Spanier, Curley and Schultz might face additional charges.

                I'm pretty sure Penn State is gong to get sued in civil court. That's where the responsibility and deep pockets lie. I'll bet they settle out of court...

                • 3 votes
                #68.1 - Mon Jun 11, 2012 11:51 PM EDT

                That's where I hope other victims come forth after any settlements are made. They will be able to start new cases against Penn State and the SOB criminals that aided through silence, a child molester.

                GREAT SCHOOL......SEND YOUR KIDS THERE. ( I wonder what happens when your daughter gets raped, oh yea.....nothing ).

                • 3 votes
                #68.2 - Tue Jun 12, 2012 12:08 AM EDT

                Zipper,

                Are you a Pitt Grad? I'll cut you a break if you are.. although I think Pitt grads have a lot of class too. But they hate Penn State. Otherwise, you're behaving like an @!$%#.

                Sometimes I think you have something of value to contribute. Then you digress...

                At the least, say something of value...

                  #68.3 - Tue Jun 12, 2012 12:13 AM EDT
                  Reply

                  Holy cow! There was another shower incident in 1998 that was also reported and was known by authorities prior to the shower incident that happened later. This is the first time I have ever seen that reported.

                  • 2 votes
                  Reply#69 - Tue Jun 12, 2012 12:03 AM EDT

                  Yes, these guys are a real piece of work.

                  • 2 votes
                  #69.1 - Tue Jun 12, 2012 12:10 AM EDT

                  Zipper...

                  Wow! That is brilliant!! A cliche' at best!! So creative!!

                    #69.2 - Tue Jun 12, 2012 12:17 AM EDT
                    Reply

                    LG-267159, and Michael Johnson-2683868 sure seem upset that the school is in trouble over this.

                    Your tax dollars have been used to rape and molest young boys Cindy Riachi, and to protect the child molester and those trying to protect him.

                    SCREW PENN STATE -

                    • 2 votes
                    Reply#71 - Tue Jun 12, 2012 12:21 AM EDT

                    Zipper,

                    Just stop the rants. It just keeps getting worse.... There have been some comments worthy of discussion from many. Say something of value rather than slinging sh*t to see if it sticks.

                    Penn State will live on and continue to be a great public research university in spite of this. And Penn State grads will prosper. And Penn State football will continue to succeed both in academics and athletics.

                    You on the other hand will continue to troll message boards.

                    Neither Michel or LG have to say screw you. Because you are already screwed....

                      #71.1 - Tue Jun 12, 2012 12:30 AM EDT
                      Reply

                      I'm having some question here as to how anyone can really question the motive of these (once young innocent boys) men. Some of them were SEEN in the shower with an adult male ---> not even a coach that might have 'needed' a shower after a workout/practice?? And now THEY are being accused of seeking money? Does no one believe this case is about those days? I keep reading - "I'm not going to cast any judgement till the end". Really? By saying that you already have cast judgement and you've decided Sundusky and his just as guilty cronies aren't guilty.

                      As an adult that has been molested over the years by my f-i-l and getting NO ONE (he's such a nice man, he wouldn't do that) to believe me, I can only imagine the lack of belief and abandonment to any of them, (young boys) and now of course no one wants to believe them (the molested ones) because to do so will incriminate themselves (those in authority) because they did nothing! They'll just point at others - forgetting while doing that they have 3 fingers pointing back at themselves!

                      Recently someone else FINALLY came forward (in my situation) ... and I truly believe if and when it goes to a court, many more will come out of the wood work. Sadly it always takes more than one in an abuse case.

                      And there are those of you that say "I know many families/men whose lives have been ruined by false accusation" ... that is true, HOWEVER I know far more people whose lives have been ruined because no one would believe them.

                      ANYONE that knows anything, is just as guilty, as the one doing the molesting, if they do nothing to stop it.

                        Reply#74 - Tue Jun 12, 2012 12:42 AM EDT

                        CCB-1458346

                        Au contraire', the Vatican has EVERYTHING to do with this. The Catholic Church, as an institution has knowingly and willingly allowed pedophiles to run rampant among its parishes (and high ranking) offiicials within the church. It has nothing to do with religiosity; rather, it's all about the money. The Catholic Church has spent millions upon millions of dollars in hush money, trying to buy off the victims' silence. Penn State only serves as a microcosm of what Catholicism has embraced, greed and avarice. There are recent reports of illegal financial shenanigans within the Vatican itself, which of course are being "hushed up". The Pope's personal butler has been arrested in conjunction with ongoing investigations. The parallels of institutional immoral conduct between these two entities is obvious. The Holy See has turned a blind eye to its problems. If discussing the realities involved is indeed "Catholic bashing" then so be it. Penn State is just a manifestation of the core problem, preserving the status quo. At ANY cost. Shame on them.

                          Reply#75 - Tue Jun 12, 2012 12:55 AM EDT

                          The Vatican has everything to do with this? Are you nuts?

                          Its pretty easy to compare similarities. Much more difficult to prove...

                          Too far out...

                            #75.1 - Tue Jun 12, 2012 12:57 AM EDT
                            Reply

                            Anyone who knowingly LOOKS the other way when child is being RAPED< for it is all rape, no matter how you sugar coat it or justify it, anyone who looks the other way while a child is raped or abused is UNTRUSTWORTHY and should NOT be in any position except as a lackey, and definitely , not one of importance.

                              Reply#76 - Tue Jun 12, 2012 12:59 AM EDT

                              How about fired instead of lackey? And by the way... arrested and prosecuted!!!

                                #76.1 - Tue Jun 12, 2012 1:06 AM EDT
                                Reply

                                Paterno should have been fired! All you former jocks who have stars in your eyes when you look at these old men coaches...ugh....Molestation, rape and incest is at epidemic porportions in this world...it is fathers, teachers, coaches, brothers, uncles etc....IT HAS TO STOP and these sick cowards HAVE to be exposed....I had two very dear friends molested as children and it is no joke...these men go around looking like decent people on the outside BUT they are animals...barbarians...so sick and so disgusting...what is wrong with men? (not all, I know).....Like they did not evolve fully, I am thinking.

                                  Reply#78 - Tue Jun 12, 2012 1:38 AM EDT
                                  LooooongDeleted

                                  What a "crock," i.e., Paterno's "responsibility!" Whatever happened to doing the "right, moral thing to protect the children?" Forget the "letter of the law," he (Paterno) knowingly and willingly turned a blind eye on the welfare of children, for God's sake!

                                    Reply#82 - Tue Jun 12, 2012 2:42 AM EDT

                                    Well, the later incident in which he got caught in the shower was around spring break so I assume he picked his times wisely.

                                      #82.2 - Tue Jun 12, 2012 3:25 AM EDT
                                      Reply

                                      Why didn't cardinal law get prosecuted? He was "more" guilty than Penn State administrators.

                                        Reply#83 - Tue Jun 12, 2012 2:47 AM EDT
                                        Mara Fredvia FacebookDeleted

                                        I wouldn't be surprised if the board of trustees knew about the allegations as well. They may have fired people to protect their own butts.

                                          Reply#85 - Wed Jun 13, 2012 2:14 PM EDT

                                          Penn Sate had better get the DEATH PENALTY from the NCAA. The leadership OBVIOUSLY JS and OTHER PEDO SUPPORTERS, fostered and covered up wonton and blatant acts of pedo sodomy. That may be ok with you, but not for the rest of civilized society. Did you not read where the SON OF SANDUSKY was about to destroy him on the stand? Did you not HEAR the inteview with Bob Costas? You are disgusting if you support this institution or its coaches one iota. After the student body RIOTED when its beloved pedo-enabling coach got canned, and the first victim got so many threats HE HAD TO MOVE FOR HIS OWN SAFETY. If the NCAA does not smack Pedo State, then it should never discipline any other school for ANYTHING.

                                            Reply#86 - Thu Jun 21, 2012 12:07 PM EDT
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