Curley, Schultz testify in Spanier trial as prosecution rests

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HARRISBURG, Pa. -- For the first time since the Jerry Sandusky child sex abuse scandal broke in 2011, former Penn State administrators Tim Curley and Gary Schultz testified under oath in open court.

Both were originally co-defendants with former university President Graham Spanier. On Wednesday, more than a week after they each pleaded guilty to misdemeanor counts of endangering the welfare of children, Curley and Schultz testified about the exchanges they had with their former boss about the 1998 and 2001 shower incidents involving longtime football assistant coach Jerry Sandusky.

At the heart of their testimony was an email from Febraury 27, 2001, in which the three discussed a "3-point plan" to alert Sandusky and the proper authorities that former graduate assistant Mike McQueary had spotted Sandusky in a shower with a young boy earlier that month.

Curley, Schultz, and Spanier agreed to a plan which involved them alerting Sandusky's Second Mile youth charity, telling the Pennsylvania Department of Public Welfare, and also, Sandusky himself.

"This approach is acceptable," Spanier replied to one of the e-mails. "The only downside is if the message isn't acted upon and then we become vulnerable for it, but we can address that down the road."

Schultz testified Wednesday he thought "everything was handled" by Spanier at the time. "I honestly thought we followed the three-step plan," he testified.

"Who told you that?" quizzed Chief Deputy Attorney General Laura Ditka.

"I can't say for sure but I believe it was President Spanier," Schultz replied.

Prosecutors are trying to prove Spanier prevented or interfered with a report to authorities about Sandusky's 2001 shower incident, as alleged by McQueary, and also that he conspired with Curley and Schultz to prevent the report from being made.

Schultz and Curley both indicated Spanier was aware of Jerry Sandusky's possible transgressions as early as 1998. A report that Sandusky was naked in the shower with a boy and "bear-hugging" was investigated with no charges filed.

When Schultz and Curley met with Spanier on February 12, 2001, Schultz kept hand-written notes about the meeting. They indicate the 1998 report had been discussed.

"It involved Sandusky again," Schultz testified. "You thought he had learned his lesson? You see this (2001 report) and think, damn, he didn't."

The three decided then that Curley would approach Sandusky, and if he admitted to having a problem, DPW would be contacted.

However, Curley never spoke with Sandusky, according to Schultz.

In his testimony, Curley spoke of his meeting with Mike McQueary in the days after the February 2001 shower incident. Curley, who had trouble recalling numerous moments involving the 1998 and 2001 incidents, said McQueary did not use the word "sexual" to describe what he saw with Sandusky and the young boy in the Lasch Building shower on February 9.

However, McQueary testified on Tuesday that when he met with Curley and Schultz, he told the two he "saw Jerry molest a boy. It was sexual and over the line."

Curley indicated under cross-examination from Spanier's defense attorney Sam Silver that "We did what we thought was appropriate," based on the facts they had at the time.

Silver is claiming state attorneys are trying to criminalize a judgment call, made by the trio.

Schultz was the prosecution's final of 15 witnesses. He testified after a five-minute, emotional testimony from a "John Doe," who identified himself as a sexual abuse victim of Sandusky in the summer of 2002.

The victim, now 28, claims Sandusky molested him in a Penn State locker room shower.

Both Schultz and Curley admitted it was a mistake to not inform DPW at the time, adding however, they did not believe Sandusky's acts were sexual in nature until the grand jury presentment was released in 2011.

Spanier's defense team opens court Thursday at 8:30 a.m.

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