That is the most pathetic claim I have seen yet. Apparently, their testimony was good enough to get Sandusky indicted, and Paterno fired. Yet you say it was very flawed.
It disgusts me to no end to see people fall to such evil depths to defend the enabling of child rape.
McQueary told three substantially different stories. In one, he SAW the rape. In another, he saw nothing but just heard "slapping noises." IIRC, his third story had him witnessing nothing. The third can be disposed of as self-serving to avoid job consequences, not from Joe Paterno but from the university. As to the first two stories, they are entirely inconsistent with one another. A defense attorney worth his salt would leave the pieces of McQueary's witness corpe in the gutter on the way home.
Again, IIRC, the janitor NEVER testified.
What made the case against Sandusky was the willingness of actual victims to testify against him. It would take a very strange man to be willing to lie under oath in claiming to have been anally raped.
Finally, suppose that McQueary actually saw or heard something worth investigating. Why did he not investigate? If he actually saw the felony of child rape or heard anything unequivocally demonstrating such a crime, two things would have happened: McQueary (1), who had played for Penn State just a few years before and was about 24 years old and had shoes on his feet, would have reacted normally and kicked the crap out of Sandusky's genitals and got the kid out of there on his way to (2) the telephone to report the incident to the nearest State Police barracks. I am betting that McQueary had every reason to trust McQueary under those circumstances. What kind of man is McQueary to let a child get raped in his relatively immediate vicinity and do NOTHING, not even tell his father, until several days had passed? As a result, I do not believe that authorities were ever able to identify thst victim. Paterno could only speculate as to whether McQueary witnessed anything. Jury likewise. Paterno reported skeptically to the campus police and the campus authorities per his contract.
Trust that there are other perps out there who have done a masterful job of covering their tracks. That is what disgusts me. You could not prosecute the dead Paterno because he died. You can prosecute the living perps and you should.