Day 3 of Sandusky trial concludes
John McQueary, father of former Penn State football coach Mike McQueary, leaves the Centre County Courthouse today.
Jerry Sandusky helps unload case files from his attorney's car as he arrives at the Centre County Courthouse for the third day of his trial.
Share with others:
BELLEFONTE, Pa. -- Day 3 of the child sexual abuse trial of Jerry Sandusky has concluded, and the prosecution said today that it will be done by week's end.
Alleged Victim No. 5 testified this afternoon, and the judge allowed testimony about an incident with Victim 8, who has not been identified.
Mr. Sandusky, the former Penn State assistant coach, is charged with molesting 10 boys over a 15-year period.
The person identified as Victim No. 5 testified that Mr. Sandusky sexually assaulted him in a Penn State locker room shower in the late summer of 2001 even though in his grand jury testimony he said the incident occurred a full three years earlier.
Today, the man who is now 23, said the act occurred after Mr. Sandusky took him into a sauna. Penn State's previous football building didn't have a sauna. One was built in the Lasch building, however, which opened in 2000.
According to his testimony, the defendant had taken the boy, who was 12 at the time, to a number of football games between 1999 and 2001.
The day of the incident, they had worked out briefly, and Mr. Sandusky said they needed to shower. First, the witness said, they got undressed, wrapped towels around themselves and went to the sauna.
"He parted the towel and he sat back and exposed himself to me," the man said.
They then moved to the showers.
The boy took a shower head at the far end of the room, but he said he could feel the defendant looking at him.
"I noticed his penis was enlarged, but I didn't understand the significance of it back then," he said. "He started coming in my direction. He threw soap in my direction and started lathering my shoulders. I felt his body on my back.
"I kept lurching forward, but I didn't have any farther to go. I felt his penis on my back."
He told the jury the defendant then placed the boy's hand on his penis. The witness said he was able to slide away and left the shower.
Mr. Sandusky was angry, drove the boy home and they did not speak.
He testified he never spoke to Mr. Sandusky again.
After a short break, the prosecution played for the jury an interview Mr. Sandusky gave with Bob Costas in November, which was aired on NBC.
The next witness called by the prosecution was Ronald Petrosky, a custodian in the Lasch football building at Penn State.
He testified that one evening in the fall of 2000, when he entered the support staff locker room to clean the showers, he saw two pairs of legs inside -- one hairy and one that looked like those of a small child.
He left the area to allow them to finish showering, and a short time later, Mr. Sandusky and a small boy walked out, with their hair wet.
"About three-quarters of the way down [the hall], Jerry took the boy's hand," Mr. Petrosky said.
A short time after that, he said a fellow janitor came out, shaking and white.
"I could see that he was upset. His face was white. His hands were trembling."
He said that man, Jim Calhoun, then said, "I just witnessed something I'll never forget the rest of my life. He had this boy, with his hands against the wall, licking his privates."
Mr. Petrosky said his colleague was crying and shaking.
According to the prosecution, Mr. Calhoun is unavailable to testify because he is hospitalized and has dementia. The defense had argued against permitting the testimony, saying it was hearsay. McKean County Senior Judge John Cleland allowed the testimony.
This morning, Victim 7 took the stand and testified that Mr. Sandusky provided him with tickets to Penn State football games from 1995 to 2009.
The witness, now 27, said, like the others, that the defendant befriended him at a summer camp run by The Second Mile, the charity founded by Mr. Sandusky.
Their relationship began with Mr. Sandusky taking him to games, and then evolved into him staying over at the man's home.
He was 10 years old at the time.
The witness testified that Mr. Sandusky would "cuddle" him when he went to bed at night, curling up with his front to the boy's back. Sometimes, he said, the defendant had no shirt on, and he continued, even now chest hair "repulses" him.
The young man told the jury that a couple months after they began doing things together, the defendant took him to shower on Penn State's campus. He said the man tried to shampoo his hair and wash him, but the boy moved away.
He also said Mr. Sandusky came up behind him, pressing his naked front to the boy's naked back and gave him a bear hug, lifting him off the shower floor.
"I was kind of ashamed about it," he said. "I didn't want anyone to know. Probably most importantly, I didn't want my parents to keep me from going to games."
Around 1997, the witness said Mr. Sandusky stopped calling him to go on outings.
"I had thought I did something wrong and was very upset about it," he said. "I thought I did something that offended him or made him angry."
On cross examination by Joe Amendola, the man said that he has hired a civil attorney with whom he's met 10 to 15 times. He has not paid the lawyer. Mr. Amendola said the attorney is also representing another alleged victim.
The defense also presented the witness with inconsistencies between his testimony with the grand jury and in court today. During his previous testimony, the young man said he "didn't think" there had ever been any physical contact with the defendant in the shower.
He also said Mr. Sandusky never touched his penis under his pants at the grand jury, but today testified otherwise.
The witness said that since the grand jury in April 2011, he has gone to counseling, which has triggered new memories from the time in question.
The young man said that he continued to request football tickets from the defendant until 2009, and that he didn't harbor any ill will toward the man at that time.
Mr. Amendola also showed the witness an application for a scholarship he filled out with The Second Mile in 2004. In it, he wrote, "Jerry Sandusky, he has changed my perceptions in life in a positive way. . . He is such a kind and caring gentleman, and I will never, ever forget him."
He later said he didn't develop any hostility to the man until recently.
Earlier today, the man identified in the second grand jury presentment as Victim No. 10 testified that Mr. Sandusky performed oral sex on him on one of his first visits to the man's home.
Unlike previous testimony from two alleged victims in the child sexual abuse trial of the former Penn State assisant football coach, the witness, who is now 25, said he and the defendant began wrestling in the basement and the man pulled his shorts down and began performing oral sex on the boy who was age 11 at the time.
"What did you do?" asked Senior Deputy Attorney General Joseph McGettigan.
"I freaked out, got scared."
The event lasted a couple minutes.
"He told me if I told anybody I would never see my family again," the young man said. A short time later, Mr. Sandusky said, "He apologized for saying that and told me he didn't mean it and he loved me."
The witness did not describe the same evolving grooming pattern that the earlier accusers testified about. He also said Mr. Sandusky took him home afterward, and he did not sleep over.
The boy met the defendant through a summer camp program in 1997 at The Second Mile.
On cross-examination by defense attorney Joe Amendola, the man admitted he served 23 months in state prison for robbery and had also been arrested for theft. He also testified that he was the roommate of another Sandusky accuser at a Second Mile camp.
He came forward after the initial set of charges were filed against Mr. Sandusky.
The first witness of the day was John McQueary, the father of former Penn State graduate assistant Mike McQueary.
John McQueary testified about the night his son arrived at his home, telling him that he had seen Mr. Sandusky in the locker room showers in a sex act with the defendant.
On cross-examination by defense attorney Karl Rominger, John McQueary could not recall testifying at the preliminary hearing for Penn State athletic director Tim Curley or Vice President Gary Schultz. Even after being shown a copy of the hearing transcript, listing him as a witness, as well as viewing pages of his own testimony, the man denied testifying there.
Mr. Rominger asked Mr. McQueary if he knew what a mandatory reporter is (categories of people who are required to report possible sexual abuse), and the answer was no. Mr. McQueary was the CEO of a medical group at the time of the 2001 incident.
Mr. Rominger asked him what it would have taken for him to tell his son to call 911 that night.
"He would have had to tell me he saw someone injured, screaming, hurt. I don't know what he would have had to tell me. You're asking me to say 'what if'," Mr. McQueary said.
Mr. Rominger asked the judge if the lawyers could go to sidebar, but the judge refused.
"He said he wasn't there, Mr. Rominger. I don't know what else to tell you."