Indictment of ex-Penn State president reveals disturbing details of how PSU dealt with Sandusky

Dan Wetzel
Yahoo Sports

Almost exactly one year after indicting Jerry Sandusky, Penn State athletic director Tim Curley and vice president Gary Schultz, the state’s attorney general, Linda Kelly, both extended and tightened her noose Thursday with bold new criminal charges backed by sickening new information.

Former Penn State president Graham Spanier was indicted by a grand jury on eight counts of perjury, obstruction and endangering welfare of children after escaping charges a year ago. Additional charges of felony obstruction, conspiracy and endangerment were also filed against both Curley and Schultz, who are still awaiting trial on perjury and failure to report a crime.

View gallery

.

Graham Spanier, pictured with Joe Paterno in Oct. 2011, faces eight criminal charges. (AP)

As for Joe Paterno, the legendary football coach also in the middle of the 2001 decision to not turn Sandusky over to authorities, Kelly offered no comment on whether he would've been indicted. He's dead.

"That's the end of it," Kelly said at a noon media conference.

For everyone else, the horror story continues, the new charges and details laid out in a pounding 59-page grand jury "Presentment of Facts" which should produce fresh outrage over the potential cover-up of Sandusky's acts.

"This was not a mistake, an oversight or a misjudgment," Kelly said. "This was a conspiracy of silence by top officials at Penn State, working to actively conceal the truth, with total disregard to the suffering of children."

[Related: War of words between governor, Spanier]

The new information is almost as disturbing to read as Sandusky's initial acts. Kelly always maintained the case was an ongoing investigation and said additional documents and witnesses came forward over the last year. That included material from Penn State, which she said was non-compliant to requests and a subpoena until after the initial indictments were handed down, Spanier and company were removed from power and the school's board of trustees demanded all employees comply with the investigation.

"The grand jury issued a subpoena in December 2010 but pertinent emails and other key evidence were never turned over until April 2012, after these men had left their jobs," Kelly said.

That includes obvious non-compliance with subpoena 1179, half-hearted searches for any documents involving Sandusky – including not going through files in the athletic department, where he worked for decades – and Spanier's blatant mischaracterizations to employees, board of trustee members and eventually a grand jury about his knowledge of the situation, most of it refuted by testimony from his own university attorney.

If you thought the Penn State part of the Sandusky scandal was bad, it just got worse. And any closure Monday's one-year anniversary of the initial indictments might bring have been reopened.

Spanier, through an attorney, declared his innocence and claimed these charges were a politically motivated attempt by Gov. Tom Corbett to take focus away from Corbett's slow perusal of the case when he was attorney general. Kelly, the attorney general, is a lame duck not seeking re-election next week and says the timing is based on the conclusion of the grand jury.

View gallery

.

Jerry Sandusky is serving a 30-60 year prison sentence. (Reuters)

Sandusky, a former Penn State defensive coordinator, is in prison for at least 30 years, convicted in June for sexually abusing 10 boys over a 15-year period. He was transferred Wednesday to a supermax facility in the southwest part of the state where he'll serve out his time in what is essentially solitary confinement. He plans on appealing his conviction, according to his attorney.

This case revolves around the decision to not turn Sandusky over to proper authorities after assistant coach Mike McQueary came forward in February 2001 telling first Paterno and then Schultz and Curley that he saw Sandusky in an otherwise empty Penn State locker room shower in an "extreme sexual position" with a young boy. Spanier was included on an email chain discussing what should be done.

Sandusky was investigated in 1998 by local police after a State College boy said he was lured into the showers and Sandusky hugged and rubbed his naked body on him from behind. No charges were filed but the grand jury believed an allegation of similar conduct by an unrelated, and in this case adult witness should have been treated seriously.

Instead Sandusky remained free for an additional decade where he continued to abuse children, sometimes on the Penn State campus where he retained access to athletic facilities, the football locker room and football games. Children identified at Sandusky's trial as Victims Nos. 1, 3, 5 and 9 were all abused during this period of silence. Civil attorneys say they have identified additional victims who may file suit against Penn State.

[Related: Jerry Sandusky to reside in maximum security prison]

The grand jury appeared stunned by the differing ways that Schultz, Curley and Spanier dealt with the 1998 and 2001 allegations. In the first case, the boy and his father went directly to the police, meaning Penn State officials could only monitor developments. And monitor they did. Schultz, who oversaw the university police department, was in nearly constant contact with his police chief, Tom Harmon, over the situation and the two had extensive discussions about Sandusky even though the case was being handled by local, non-university police. They met within 36 hours of the initial charge and over the course of a month, Schultz took extensive notes, discussing the likelihood of genital contact between Sandusky and the boy and wondering in print, "is this opening of Pandora's box? Other children?"

Schultz kept Curley and Spanier updated throughout in a constant flurry of emails. It was common for Spanier to be informed of high-profile crimes that might reach media attention, according to staff testimony. While one email from Curley said he spoke to "the coach" there is no certainty that he meant Paterno since many emails often used purposefully vague terms. In 1998, however, Sandusky was still employed as defensive coordinator. It's difficult to imagine Paterno wasn't told.

When a local district attorney declined to charge Sandusky, his police report "was not filed under a typical criminal investigation, but was rather assigned an Administrative number. That would make the report very difficult to locate unless someone specifically knew identifiers of the case." This, numerous police agreed, was highly unusual.


On Feb. 10, 2001, McQueary came to Paterno's home and told him what he saw.

View gallery

.

Mike McQueary came forward in Feb. 2001, telling PSU officials what he saw. (AP)

"Paterno informed the grand jury that McQueary described Sandusky fondling or doing something of a sexual nature to a young boy in the Lasch Building showers," the presentment reads. The next day, a Sunday, Paterno told Schultz and Curley about what McQueary said he saw.

The action here was strikingly different. In the first case the victim of a crime went to the cops. In the second case a witness to a crime went to Paterno. With police not already investigating, the administrators had time to plot a course. Schultz, the indictment alleges, "almost immediately called" Wendell Courtney of the McQuaide Blasko Law Firm which does extensive work as an outside counsel for the school. That decision suggests he was aware of the severity of the situation.

Courtney billed Penn State for 2.9 hours of work that Sunday. The reasoning according to the bill: "Conference with G Schultz re reporting of suspected child abuse; Legal research re same; Conference with G Schultz."

On Feb. 12, Schultz called Chief Harmon and asked about the status of the paperwork from 1998 Sandusky investigation. Namely was it still around and thus potentially discoverable. Harmon emailed back later that it was still there. Schultz never mentioned the new allegation of criminal sexual conduct on campus to his own chief of police.

It took an astounding seven to 10 days for Curley and Schultz to even bother speaking with McQueary to get his story directly. Even then, according to the presentment, the meeting lasted just 15 minutes and neither Curley nor Schultz asked a single question.

In the meantime Curley, Schultz and Spanier were in contact via email about how to approach the situation and whether to alert child welfare. Most of these emails, including Curley seemingly changing course after a meeting with Paterno and Spanier claiming discussing things with Sandusky directly was the more "humane" way, have been reported extensively.

They are no less painful to read in this context.


Later, when the three-year grand jury investigation began, the administrators were no less cooperative. They ignored major parts of a subpoena, offered little to no information and appeared most concerned about protecting themselves. Even after the trio, and Paterno, knew Sandusky was under investigation and each man had testified to the grand jury, Sandusky still maintained access to Penn State facilities and brought children, dubbed "guests," to football games.

It was revealed at Sandusky's June trial that he and his wife, Dottie, sat in a Beaver Stadium luxury box at a game, Paterno's last, the week before the Nov. 2011 indictment.

Then there was Schultz maintaining a folder in his office labeled "Sandusky" which he instructed one of his administrative assistants through the years to "never look" inside. On the day of his indictment, he had the file removed from his office and brought to his home.

View gallery

.

Joe Paterno's influence over the administrators factored in alleged cover-up. (AP)

The entire web laid out in the grand jury indictment is a horrific portrayal of self-preservation, arrogance and heartless conduct by administrators. The long-awaited charges against Spanier only amplify the situation.

While last summer Spanier went on a show of force public relations blitz – including his lawyer ripping the school's own Freeh Commission report – he'll have a far more difficult task answering these pointed questions at trial, especially with many of his public statements at odds with testimony from university lawyers, staffers and police.

For Schultz and Curley, the state has even more damning evidence they'll have to defend against at trial.

This does nothing to exonerate Paterno. It only raises additional questions about whether his influence over the administrators played an even more direct role in the slow, hapless non-investigation of Sandusky in 2001. Maybe it did, maybe it didn't. Perhaps testimony at trial will provide additional clarity.

The trials of Schultz and Curley, scheduled for January 2013 in Harrisburg, will almost certainly be moved back. Attorney General Kelly said she wants all three men tried together. Spanier will deserve extended time to prepare.

So this could drag out into fall of 2013 or even beyond, a never-ending nightmare for Penn State as the alleged criminal actions of its one-time leaders get uglier and uglier and uglier.

Other popular content on the Yahoo! network:
Florida youth coaches charged with pee-wee football gambling ring
Steve Nash hurt as Lakers fall to 2-0
Ex-MLB pitcher Pascual Perez murdered during robbery attempt
Y! Finance: Sandy sends gas prices plunging

  • Trip Tips: Brazil's beachless metropolis is a foodie's paradise

    By Todd Benson SAO PAULO (Reuters) - If your idea of Brazil is beaches and bikinis, São Paulo is not the place to go. But if you're a seasoned traveler who tends to shun traditional tourism hot spots for urban adventures off the beaten trail, then … More »

    Reuters - 3 minutes 0 seconds ago
  • Jeff Teague hits ridiculous (and controversial) running-out-of-bounds 3 as Hawks beat Pacers for 2-1 lead (Video)
  • Icher impresses in cold Day 1 at Swinging Skirts

    Icher impresses in cold Day 1 at Swinging Skirts

    Karine Icher of France birdied four of her first seven holes and finished with a 6-under 66 on Thursday to take the lead in the inaugural Swinging Skirts LPGA Classic. The start was delayed two hours because of fog and play was suspended because of … More »

    AP - Sports - 7 minutes ago
  • Moyes left all at sea by scale of United job, says former coach

    Moyes left all at sea by scale of United job, says former coach

    (Reuters) - David Moyes lost his job as Manchester United manager because he ignored advice and failed to appreciate the scale of the job, said Rene Meulensteen, a former coach at the Premier League club. Moyes was sacked on Tuesday after a … More »

    Reuters - 7 minutes ago
  • World sports diary April 26 - May 3

    April 25 (Reuters) - World sports diary from April 26 - May 3 - - - - SATURDAY, APRIL 26 SOCCER Premier League (1400 unless stated) Southampton v Everton (1145) Fulham v Hull City Stoke City v Tottenham Hotspur Swansea City v Aston Villa West … More »

    Reuters - 10 minutes ago
  • Hawks take 2-1 lead on top-seeded Pacers

    Hawks take 2-1 lead on top-seeded Pacers

    As the final seconds ticked off the clock, the Atlanta Hawks celebrated and their fans serenaded the Indiana Pacers with chants of ''Overrated!'' Game 3 did nothing to change that perception. The top-seeded Pacers are on the ropes again at the hands … More »

    AP - Sports - 11 minutes ago
  • Teague scores 22, Korver 20 to lead Hawks past top-seeded Pacers 98-85 for 2-1 lead in series

    Teague scores 22, Korver 20 to lead Hawks past top-seeded Pacers 98-85 for 2-1 lead in series

    ATLANTA - As the final seconds ticked off the clock, the Atlanta Hawks celebrated and their fans serenaded the Indiana Pacers with chants of "Overrated!" The top-seeded Pacers are on the ropes again at the hands of the eighth-seeded Hawks, who … More »

    The Canadian Press - 11 minutes ago
  • Postgame: Frank Vogel

    Postgame: Frank Vogel

    Frank Vogel talks to the media following the Game 3 loss to the Hawks. … More »

    NBA.com - 21 minutes ago
  • No Bills cheerleaders in 2014 after suit

    No Bills cheerleaders in 2014 after suit

    Pack up the pom-poms in Buffalo, because the Bills will be playing without the support of their official cheerleaders this year. Stephanie Mateczun, whose company manages the Buffalo Jills cheerleading squad, said Thursday she has suspended … More »

    AP - Sports - 23 minutes ago
  • Phelps loses to Lochte in comeback meet

    Phelps loses to Lochte in comeback meet

    Michael Phelps is 0 for 1 in his comeback to the pool. The 22-time Olympic medalist lost to Ryan Lochte in the 100-meter butterfly final at the Arena Grand Prix on Thursday night. Phelps was second in 52.13 in his first meet since retiring after … More »

    AP - Sports - 27 minutes ago
  • Westbrook's Amazing Three

    Westbrook's Amazing Three

    Russell Westbrook gets fouled and buries an amazing 3-pointer during the 4th quarter. … More »

    NBA.com - 27 minutes ago
  • Michael Phelps beaten in first comeback final

    Michael Phelps beaten in first comeback final

    By Julian Linden PHOENIX (Reuters) - Michael Phelps suffered a narrow loss to old rival Ryan Lochte in his comeback to competitive swimming on Thursday, but still showed enough to suggest he will be a force to be reckoned with. Racing for the … More »

    Reuters - 29 minutes ago
  • Westbrook's Big Three

    Westbrook's Big Three

    Russell Westbrook draws the foul and sinks an incredible three-pointer. … More »

    NBA.com - 29 minutes ago
  • Lolo's track transition continues at Drake Relays

    Lolo's track transition continues at Drake Relays

    Lolo Jones will continue her quick transition from bobsled to track this weekend with a hometown advantage. Jones will compete Friday at the Drake Relays in her native Des Moines, just two months removed from an 11th-place finish as a brakeman for … More »

    AP - Sports - 30 minutes ago
  • Everest climbing season in disarray as climbing teams cancel and more Sherpas leave base camp

    Everest climbing season in disarray as climbing teams cancel and more Sherpas leave base camp

    KATMANDU, Nepal - Nepal's attempts to salvage the Mount Everest climbing season took another hit Friday as more Sherpa mountain guides packed and left the base camp for their village homes a week after the deadliest disaster on the world's highest … More »

    The Canadian Press - 31 minutes ago
  • Senna had so much to offer, says sister

    Senna had so much to offer, says sister

    By Andrew Downie SAO PAULO (Reuters) - For Brazilians of a certain generation, the death of Ayrton Senna is not unlike September 11 or the assassination of John F. Kennedy. "It’s funny, it doesn’t seem like it was 20 years ago," hissister Viviane … More »

    Reuters - 34 minutes ago
  • Reds' Simon accused of sexual assault

    Reds' Simon accused of sexual assault

    A woman who said Cincinnati Reds pitcher Alfredo Simon sexually assaulted her in a Washington hotel a year ago when the team was in town to play the Nationals is suing the player for $15 million. The woman, identified as Jane Doe, filed the civil … More »

    AP - Sports - 36 minutes ago
  • Everest climbing season in disarray after deaths

    Nepal's attempts to salvage the Mount Everest climbing season took another hit Friday as more Sherpa mountain guides packed and left the base camp for their village homes a week after the deadliest disaster on the world's highest mountain. Their … More »

    AP - Sports - 38 minutes ago
  • Udrih Spins and Hits

    Udrih Spins and Hits

    Beno Udrih spins off his defender to the rack and finishes with a layup. … More »

    NBA.com - 40 minutes ago
  • Phelps loses to Lochte in 100 butterfly final at comeback meet in Arizona

    Phelps loses to Lochte in 100 butterfly final at comeback meet in Arizona

    MESA, Ariz. - Michael Phelps is 0 for 1 in his comeback to the pool. The 22-time Olympic medallist lost to Ryan Lochte in the 100-meter butterfly final at the Arena Grand Prix on Thursday night. … More »

    The Canadian Press - 44 minutes ago
  • Cruz extends RBI streak, Orioles win

    Cruz extends RBI streak, Orioles win

    TORONTO (AP) -- Chris Davis had two hits and three RBIs, Jonathan Schoop homered and the Baltimore Orioles beat the Toronto Blue Jays 11-4 on Thursday night. … More »

    AP - Sports - 52 minutes ago
  • Pacers vs. Hawks: Game 3

    Pacers vs. Hawks: Game 3

    Jeff Teague scores 22 points and dishes out 10 assists as the Hawks knock off the Pacers in Game 3. … More »

    NBA.com - 52 minutes ago
  • Phelps beaten in first comeback final

    Phelps beaten in first comeback final

    By Julian Linden PHOENIX (Reuters) - Michael Phelps suffered a narrow loss to old rival Ryan Lochte in his comeback to competitive swimming on Thursday, but still showed enough to suggest he will be a force to be reckoned with. Racing for the … More »

    Reuters - 59 minutes ago
  • Martin shoots course record 62, leads by two in New Orleans

    (Reuters) - Ben Martin fired a course record 10-under-par 62 to take a two-stroke lead in the opening round of the $6.8 million Zurich Classic of New Orleans on Thursday. Martin made light of gusting afternoon winds to reel off 10 birdies, capped … More »

    Reuters - 1 hour 0 minutes ago
  • Toronto Blue Jays fall back to .500 mark after 11-4 loss to Baltimore Orioles

    TORONTO - The Toronto Blue Jays wasted a quality start by Drew Hutchison and fell back to the .500 mark by dropping an 11-4 decision to the Baltimore Orioles on Thursday night at Rogers Centre. Hutchison worked six solid innings and left the game … More »

    The Canadian Press - 1 hour 1 minute ago
  • Conley's High Scoop Shot

    Conley's High Scoop Shot

    Mike Conley drives to the basket and sinks an amazing shot. … More »

    NBA.com - 1 hour 9 minutes ago
  • Prince Down the Lane

    Prince Down the Lane

    Tayshaun Prince drives the lane for the finger-roll finish. … More »

    NBA.com - 1 hour 10 minutes ago
  • Swimming-Phelps beaten in first comeback final

    * Phelps narrowly beaten by Lochte in comeback race * Still satisfied with return despite loss * Qualifies for national titles later this year (Updates after final) By Julian Linden PHOENIX, April 24 (Reuters) - Michael Phelps suffered a narrow … More »

    Reuters - 1 hour 13 minutes ago
  • Golf-Martin shoots course record 62, leads by two in New Orleans

    Ben Martin fired a course record 10-under-par 62 to take a two-stroke lead in the opening round of the $6.8 million Zurich Classic of New Orleans on Thursday. Martin made light of gusting afternoon winds to reel off 10 birdies, capped off by a … More »

    Reuters - 1 hour 17 minutes ago
  • Blatter wants to revive 6+5 proposal

    Blatter wants to revive 6+5 proposal

    FIFA president Sepp Blatter wants to revive his so-called 6+5 proposal which would force clubs to field at least six players from their own country. The idea won the backing of the FIFA Congress in 2008 but was ditched after it fell foul of … More »

    Reuters - 1 hour 21 minutes ago
  • Fresno St. finalizes DeRuyter extension

    FRESNO, Calif. (AP) -- Fresno State coach Tim DeRuyter has signed a contract extension that runs through 2018 worth at least $7.5 million. … More »

    AP - Sports - 1 hour 22 minutes ago
  • The day Senna grabbed F1's attention

    The day Senna grabbed F1's attention

    By Alan Baldwin LONDON (Reuters) - While Formula One remembers Ayrton Senna on the 20th anniversary of his death at Imola, happier memories of another race 10 years earlier highlight just why the great Brazilian is still so sorely missed. The 1984 … More »

    Reuters - 1 hour 25 minutes ago
  • Senna's simple grave a magnet for fans 20 years on

    Senna's simple grave a magnet for fans 20 years on

    By Andrew Downie SAO PAULO (Reuters) - Ayrton Senna is as discreet in death as he was lively in life. The last resting place of Brazil's most charismatic Formula One champion is marked by a brass plaque on a circular lawn, surrounded by almost … More »

    Reuters - 1 hour 27 minutes ago
  • Ayrton Senna's Formula One career

    Ayrton Senna's Formula One career

    (Reuters) - May 1 marks the 20th anniversary of the death of Brazil's triple Formula One champion Ayrton Senna in the San Marino Grand Prix at Italy's Imola circuit. The following details the main points of his career: - - - - * Born Ayrton Senna … More »

    Reuters - 1 hour 29 minutes ago
  • Ryan Nelsen sympathetic to Moyse, believes fired Man U boss will succeed elsewhere

    TORONTO - Toronto FC manager Ryan Nelsen was quick to offer sympathy — and support — to fired Manchester United boss David Moyes. "He's very good at what he does," Nelsen said Thursday after practice. "And what (Roberto) Martinez is doing at … More »

    The Canadian Press - 1 hour 36 minutes ago
  • Teague Beats the Buzzer

    Teague Beats the Buzzer

    Jeff Teague drains an amazing 3-pointer during the fourth quarter. … More »

    NBA.com - 1 hour 38 minutes ago
  • Wings' Zetterberg in lineup vs. Bruins

    Wings' Zetterberg in lineup vs. Bruins

    Henrik Zetterberg is in the lineup for the Detroit Red Wings in Game 4 against the Boston Bruins. Jonas Gustavsson is, too. Red Wings coach Mike Babcock told reporters that doctors would ultimately decide if Zetterberg could play Thursday night … More »

    AP - Sports - 1 hour 40 minutes ago
  • Westbrook for Three

    Westbrook for Three

    Russell Westbrook comes off the screen to drain his first three-pointer of the game. … More »

    NBA.com - 1 hour 47 minutes ago
  • Korver's Big Three

    Korver's Big Three

    Kyle Korver gets fouled and buries a 3-pointer from the wing. … More »

    NBA.com - 1 hour 49 minutes ago
  • Martin shoots course-record 62 at Zurich

    Martin shoots course-record 62 at Zurich

    A few weeks ago, Ben Martin had missed seven of eight cuts and figured he'd better make some changes. On Thursday, Martin treated a tiny late-afternoon gallery to a course-record round, shooting a 10-under 62 in the first round of the Zurich … More »

    AP - Sports - 1 hour 52 minutes ago