http://cnninsession.files.wordpress.com/2011/11/sandusky-grand-jury-presentment1.pdf

On page 7 paragraphs one and two, lists the testimony of the “graduate assistant” since identified as Mike McQuery and Joe Paterno to the Grand Jury. Paterno saw McQuery at his home, in which McQuery testifies he told Paterno what he saw (which was anal sex between Sandusky and “Victim 2” in Penn State shower room) but Paterno testifies that he told his boss, the director of athletics at Penn State known as Tim Curley. From there, according to testimony by Curley, the proper channels were not notified namely the police and the Pennsylvania Department of Welfare and Child services. Curley’s supervisor, the business and finance director senior vice president identified as Gary Shultz. The grand jury, on page 11 paragraph 4, finds Curley and Shultz to have committed perjury and that their testimony is not credible. University President Graham Spanier was notified of the Sandusky instance (page 9 paragraph 2 and page 10 paragraph 1) also did not report the instance to the Pennsylvania Department of Welfare and Child Services. According to page 10 to page 11, the grand jury determined by subpoenaed records of the Pennsylvania Department of Welfare and Child Services and found no report filed by any university employee who had knowledge of the incident. On page 7 and page 8, the grand jury mentions that the “graduate assistant’s” (McQuery) testimony to be credible. Schultz, who was in charge of University police did not mention the incident with Sandusky and Victim 2 according to subpoenaed records (paragraph 2 page 10) broke the law by not reporting the incident to police officials. The entirety of the Grand Jury’s presentment can be read at the link above. I highly recommend reading the presentment in order to fully understand the level of charges of Sandusky and the extent of his pedophilia spanning some ten years.

Now, about who should have done what when and how. I am most certain that this post may be contested by many people, and, frankly, I care not. There is a bit of sense that needs to be injected into the sorted mess that darkens Penn State’s executive and athletic departments. When working with adults (in the Commonwealth of Pennsylvania, one is an adult at the age of 18) the laws that apply to them in contrast with the ones that apply to children are very different. I am not completely convinced that Paterno knew that he was obligated to call the Department of Welfare and Children Services if a even slight accusation of abuse occurs between an adult and a minor child in the Commonwealth of Pennsylvania. I am also not convinced that McQuery explained in detail to Paterno what he saw, but instead mentioned as testified by Paterno that there was inappropriate contact between Sandusky and Victim 2. Paterno, as McQuery is, is required by law to mention the incident no matter how vague to his supervisor. In the absence of Paterno’s experience in working with children, he failed to notify the Welfare Department of the abuse reported to him by McQuery. Also, I strongly believe that Paterno has enough intellect and integrity to respond to allegations of pedophilia on campus accordingly. He did tell his supervisor, which by law he is supposed to do, and inexperience prevented him from the knowledge that the Welfare Department needed to be notified. I do not find it credible that McQuery told Paterno in detail of the pedophilia he witnessed, otherwise his reaction would have been more intense. I do believe that McQuery did tell Curley and Shultz the details and that their inactivity in proper reporting was to preserve the reputation of Sandusky whom they both knew and worked with for a number of years. It seems unlikely to me that while McQuery testified he told Paterno, and if he did in fact detail it to Paterno, Curley, and Shultz, eventually reaching Spanier, the reaction would have been appropriate. The failure of Curley and Shultz to correctly report the incident to proper authorities (the police) who would have notified the Welfare Department as law dictates is the greatest injustice to this child. The failure of communication between McQuery, Paterno and Spanier was not the responsibility of Paterno or Spanier. Not being properly informed and failing to report the incident, as well as ignorance of the law, is not an excuse to fail to report the incident. However, in a bid to shield the reputation of a co-worker in light of allegations of pedophilia witnessed first hand by McQuery and related to people who may not have had all the information necessary to report it, I find it unacceptable that at the very least the police were not notified and thus the prevention of Victims 3-11 may have never occurred.

All this begs the question: Should they all have been fired? I simply cannot see that given the information McQuery testified he gave to Paterno that the man would not report it to the proper authorities. Paterno has integrity, while Curley and Shultz who were given the information did not do their jobs as supervisory and executive leadership and engaged in perjury as well as a blatant cover-up should have both been dismissed. Given that Spanier was told that the allegation was not as serious as it was and that it was handled by disallowing Sandusky to bring minors to the athletic department of Penn State by Curley and Shultz, I also think he is absolved considering one could truly view that the pair would have notified the proper authorities of the incident as being a given. I honestly don’t think Spanier or Paterno knew that Curley and Shultz did not report it and would not have known that they didn’t. The pair trusted Curley and Shultz, which was in error in hindsight. Still, if I knew that someone like Sandusky was engaging in pedophilia, I would have called the police myself even though Shultz knew as he was head of the university police. It would be extremely difficult for me to trust Shultz to report it, but then again, I haven’t worked with the man for over a decade. There must be a certain amount of trust one holds for coworkers in order for a team to remain viable and functional. Curley and Shultz violated that trust. McQuery, though found to be credible by the Grand Jury, has some answering to do concerning what he really told Paterno. I believe that McQuery was not truthful in what he actually said to Paterno, otherwise why would he have only mentioned fondling and not the actual extremity of the contact between Sandusky and Victim 2? How come he translated the information differently from what McQuery said he told him? He was not given the proper information, but his failure to notify police of the report even on the information he had demonstrated lack of concern unless, of course, he considered reporting the matter to Shultz as equal to telling the police considering his position and link to university police.

In essence, Shultz and Curley dropped the ball and chose to protect the university and the reputation of a former coach Sandusky. On their hands is the responsibility of Victims 3-11 since they failed to properly report the incident to proper authorities. A pedophile that was witnessed to be engaging in anal sex in a shower on university grounds, no matter where they were, is a crime and a crime that warranted the attention of the police. The only other alternative is that McQuery did not tell the truth while under oath and in fact also failed to contact the authorities on what he saw, even if it was simple phone call to university police unless he thought that telling Shultz was enough. I do believe that the entire truth will find the light of day during Sandusky’s trial for pedophilia, who upon reading the Grand Jury Presentment selected his prey as carefully as any sexual predator would. He used the Second Mile, his charity in caring for young boys at risk, as a palette from which he could harvest victims. When it all boils down, it is his responsibility for their victimization and others in charge who dropped the ball were also responsible in not taking an active role in preventing such abuse and further victimization on Sandusky’s behalf. The amount of shame to be heaped upon these people, especially the failure of McQuery or his father from calling the police also, should be adequately dealt to the responsible parties involved. Something perhaps Penn State may never fully recover from, which is terribly sad and enraging at the same time.

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