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Gene J. Puskar / AP
Former Penn State assistant football coach Michael McQueary arrives Tuesday at the Centre County Courthouse to testify in Jerry Sandusky's child sexual abuse trial.
ANALYSIS
Jerry Sandusky's lawyers failed to blow holes in the testimony Tuesday of former Penn State assistant football coach Michael McQueary, allowing prosecutors to score a big win in their child sexual abuse case.
Beginning with its opening statement, the defense has tried to demonstrate that the alleged victims have been coached to implicate Sandusky and have financial motives to make up their stories.
McQueary powerfully undermined that theory Tuesday. If he saw Sandusky in the shower with a young boy in a compromising position — and the jury will not doubt that he did after his testimony — then it seems much less likely that the young men were motivated by greed or prosecutorial influence.
But the defense missed several easier opportunities to show problems with McQueary's account.
Ex-coach McQueary testifies 'no doubt' he saw Sandusky having sex with young boy
Full coverage of the Jerry Sandusky trial
Wes Oliver is a professor at Widener University who teaches criminal law and procedure. This fall he will join the faculty of the Duquesne University School of Law as a professor and director of the school's criminal justice program.Rather than zero in on significant discrepancies in McQueary's accounts of when the incident occurred — given in previous testimony before a grand jury and in a hearing in December — the defense started off with a weak point: that McQueary previously claimed to have seen Sandusky and the boy in the shower two times rather than the three he described Tuesday — once in a mirror, again directly and a third time after he slammed a locker door to make it known that they were being observed.
Sandusky's lawyers also failed to confront McQueary about his reluctance to intervene in the situation.
McQueary has said he did not ask Sandusky what was going on and did not call the police the night of the incident. McQueary, in fact, volunteered the fact that he did not physically intervene during his cross-examination Tuesday, but the defense seemed almost oblivious to the gift McQueary handed them amid the devastating answers he provided to their other questions.
When Sandusky's lawyers did get around to asking McQueary about the inconsistent dates he has offered in the past, their pattern of questions allowed him to give an easy explanation.
Rather than confront McQueary directly with his testimony at a preliminary hearing during which he expressed absolute certainty about the date, the defense simply asked about his prior testimony in general. That let McQueary remind jurors that in interviews, he has also expressed uncertainty about whether the events occurred in 2001 or 2002 and declare that he did not dispute the prosecution's timeline of events.
Perhaps most seriously, the defense failed to establish that McQueary could not have seen the most serious crimes he believes he saw because of the relative height of Sandusky and the young man he saw in the Penn State shower.
At a hearing in December involving perjury charges against former Penn State athletic director Tim Curley and former senior vice president Gary Schultz, different lawyers skillfully pointed out that McQueary could not have seen any sex unless Sandusky had been holding the boy in the air.
The failure of Sandusky's lawyers to address that testimony may lead the jury to conclude that Sandusky did engage in sex with the young man — even though at the end of the Curley-Schultz hearing, it seemed clear that McQueary's testimony was insufficient to prove that any sex occurred.
Finally, the defense was unprepared for McQueary's cross-examination. Apparently expecting him to say yes, defense lawyer Karl Rominger asked McQueary whether he had played in a golf tournament run by Sandusky's foundation after having witnessed the alleged shower ecounter. But McQueary said he did not play, and Rominger was not ready with documentation to challenge him.
McQueary's account Tuesday had real problems, but it was not effectively challenged, and his testimony ended up being a slam dunk for the prosecution.
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Leave a Comment:
These lawyers and the writer of this article are stupid. They can play games with the difference in height or anything else they did or did not challenge. McCreary saw them having sex and reported it to Joe Paterno. McCreary had nothing to lie about at that time.
Why is this scumbag released on bail. Corbett, PSU, $$$$ America the joke.
I am going to need another heart transplant to add to my $30,000,000. taxpayer payed health care for life (soon to be called Obama Care)
Love you all,
Dick Cheney & the Koch Brothers
McQueary's accounts seem very odd. He appears more interested in covering his own statements and lack of actions. Witnesses are the least reliable on any evidence.
The problem I am having with this whole situation is the local Police knew a lot about this, the local DA knew about this, and even the State Attorney General knew something about this for years. What a mess.
Homer, the Univ of Pa, or whatever it's called and their football program were considered gods, saints, the almighty. Nobody wants to rock a boat filled with riches. As far as McQueary is concerned, I think he probably had such loyalty to the school, but still knew he should tell someone. And, he was dealing with his superiors. He probably was so shocked to witness the rape of a child by one of his superiors, it had an effect on his senses. That scumdusky has left so many people scared for life. We can all debate the "what if's" till doomsday and still disagree on what happened. I hope there really is Karma.
now go after Corbett since he allowed this to continue
Hey Ive got a new term...." I think I just got Sanduskey'd in the locker room shower."
My question is.....why did these "kids" keep going around the pervert......I mean, I know that if some old dude tried to graped my tally wacker I'd been out of there in a heart beat. That's just me.....maybe they were huh
" confused " ...I mean it's not like these kids were six years old.
WoolMan - I have been wondering the same thing. If it happened once, why would you ever go back? Unless you liked it on some level?
I kind of disagree with that statement. As a survivor of rape and sexual abuse myself, there are a lot of complex emotions behind why victims continue to stay around. I completely understand the viewpoint of wanting to get out of there and be nowhere near someone like that. But look at it this way: This guy was a well known coach who was very respected. To be that one kid that turned him in and ruined his life, knowing it was all your "fault"...that's a lot to put on a child. I had the exact same thoughts about my step dad. My mom married him and seemed happy. If I blew the whistle on him he would go to jail and my mom might lose everything because he wasn't around to help. At 12 years old, that was a lot to think about and a very heavy burden to handle.
You obviously have never been in or lived around Penn state or in College Park. These guys: Paterno and Sandusky were heroes.....the kids were from single mom households and were poor or troubled. They looked up to these heroes as did everyone else. And 12, 13, 14 year olds are KIDS. What were they supposed to do? They were probably confused as hell.
WoolMan
Unless you have been in their situation you should not question their reasons for staying. Why do women stay in an abusive marriage? Why do alcoholics keep drinking? Why can't fat people loose weight? It is easy to ask a question like yours from your easy chair.
Is it possible Sandusky's lawyer doesn't want him to get off? (You should pardon the expression.) He's get's paid regardless.
Ma'am, it would not surprise me, in either context (LOL)
I've supported the Big Ten all my life (Go Hawkeyes!!) and even to this day still respect the legacy that Coach Paterno left, even though now the whole thing is in shambles and dragged through the mud simply because of Mr Sandusky and his actions. For the sake of anything right and worthy in this day and age, I sincerely hope they find this guy guilty and lock him up forever and an eternity. The whole thing is sickening beyond belief. I don't quite get the strategy his defense has decided to run with, and it really doesn't matter - it's bound to fail big time.
No matter what happens, Mr Sandusky will go down.
Who wrote that article? A wannabe high profile defense attorney anticipating an appeal? Maybe the defense was being careful not to inflame the jury. Anyway, for a jury the issue is: credibility. If these victims are speaking from their hearts, and it certainly appears they are, it's NOT the defense attorney's fault- the the fault of the CRIMINAL they are representing!
Have to lift the boy in the air? Most 14 year old boys are not short. How tall is Sandusky? I think the defense didn't want McQueary to describe slapping noises, moaning and groaning, or thrusting. When you are an adult you know a sexual act when you see one. You don't have to see penetration.
that pinhead mcqueary should be in a cell right next to jerry. he should have beat the crap out of jerry right then and there and then called the police.
John5651. You got that right!
I don't understand why it seems like it is going to take mountains and mountains to put this guy away. If I would have sex ONE time with ONE underage boy, I would be put away for years. So why does it seems like this guy could be found not guilty??? There is already plenty to put him away for life!!!
Sandusky should go to prison, and feel what its like to be violated anally, like every day, for the rest of his life. He'll likely die a horrible death at the hands of inmates who take a negative view of men who molest young children.
Still, the young boys who were molested will continue to have issues, but at least they'll know their tormentor is getting his due!!
Sandusky is the WORST KIND OF TRASH.
Checkered - This homo will probably like it!
JerseyJoe,
Please understand that pedophiles are different than homosexuals. Pedophiles prefer children. Homosexuals and lesbians prefer mates closer to their own age.
BIG difference.
Sandusky is a pedophile - it seems his attorneys are convinced of this fact as well - let's move on with his due consequences and uphold justice for his vicitims, sadly children.
As part of Sandusky's sentence I propose he takes a World Tour of the most infamous prisons and be allowed to "share loving gestures" with the general population in each and every one of them.
What is the purpose of this article ? Are we suppose to feel sorry for Sandusky ? I find it disturbing.
Janiece Abernathy Peeples,
I find YOU disturbing. Where do you get off saying this article is in any way sympathetic for Sandusky?
People don't realize that for every san-douchebag, there 's hundreds or even thousands out there like him.
To the writer - your analysis wrong. There are no holes in McQueary's testimony. Why you may ask? What in the hell would his motive be to testify? He gains nothing from this. This is damaging to himself in many ways. He looks like a complete buffoon b/c he did not do anything when it happened. He gains nothing from testifying and could lose much. B/c of his testimony the university will likely be sued. It is a lose-lose for McQueary. Therefore, he has finally righted his wrong and is testifying. You need to retract your article! Or maybe go back to law school.
mmm11,
Uh, maybe he saw a young boy being penetrated anally by Sandusky in a shower??? Maybe he wants JUSTICE for this kid???
mmm....DUH!!!
Check Demon
You owe mmm11 an apology. Read his comment. Again. Completely. Slowly.
Unfortunately, Sandusky is getting off on hearing his victims re-tell their stories about his crimes against these innocent and defenseless children. You can see that goofy, almost slobbering, glassy-eyed look he gets on his face, it is hideous. This man is an evil and arrogant pedophile and McQuery and Sandusky's wife, are as guilty as he is for not speaking up. We saw Joe Paterno's guilt eat him alive from the inside out, RIP Joe. The victims need everyone's support, they are the only ones with the courage to come out and tell their stories. My heart breaks for them. We need to just let this play out and let Sandusky get the karma he created, trust me, it will be more than anything we can imagine.
Sandusky's arrogance only tells me that in his little deviant world this was the norm. I wonder how many more were in this sick world while their wives were home pouring another scotch and soda. The damage is already done. Laws have been changed due to this case. If you see a crime in the workplace. You must immediately dial 911. Not pass it off to your superiors. This is the tip of the iceberg. It truly makes you wonder how big this is..All this alcoholism. drug addiction.anger.. On a brighter note, there is no bigger disinfectant than sunlight. .
Any defense attorney will lose in this case, there are 10 boys who came forward I am sure there are more. Mcquery is the main course of the prosecutor. Any witness will nail Sandusky to the coffin. Without him this will not go further. Evil has been defeated. I am glad this came to light.
Sandusky's behavior, and thinking as well, is almost a textbook example of primary pedeophilia. As a forensic psychologist I have seen these psychopaths before. Sandusky needs life in maximum security, with no possibility of parole. Period. End of story.
One of two things will happen to this homosexual pedophile; he'll either be inducted into the NAMBLA hall of fame or he'll get kicked out of NAMBLA for getting exposed. BTW; REC-2439781 is correct!!!!!
Nice soundbites, but you are just plain wrong unless you can prove he is a homosexual. Of course you know this has nothing to do with homosexuals, but you had to get your agenda in. Nice. Wrong, ridiculous, and ignorant. Actually kind of pathetic you can't stick to the topic here.
This is a very sick man we are discussing here.. the sooner he is brought to justice, the better.... let me just say, this trial is just starting to heat up.... let's see what the defense team has up their sleeve!
On a side note: I wonder how Penn State is handling this crisis? This ALL happened on their watch and some of it happened on that campus!!
One of the problems I see in this article is not so much ineffective counsel but how can anyone who wasn't in the showers that evening testify to what McQueary didn't see? Are they serious? Clearly, McQueary saw Sandusky. He saw enough and could provide sufficient details. But, again, how can anyone who wasn't there "skillfully point out" what McQueary could not have seen? That is ludicrous, at best. If Sandusky was making motions with his body and was all wild about it, turning, twisting and so forth, how could McQueary miss seeing who the movements were toward? McQueary was walking about in the shower area from different angles. What would prevent McQueary from seeing Sandusky raping the child, and from knowing exactly what Sandusky was doing? It doesn't sound as if Sandusky was shy about it at all; it sounds as if Sandusky didn't care if anyone saw him.