We’re Going to Trial: All Charges Stick in Curley/Schultz/Spanier Preliminary Hearing

Onward State ^ | July 30, 2013 | Kevin Horne

[Uncle Chip]

After two days of testimony, we’re officially going to trial.

Judge William Wenner ruled instantly after closing arguments this afternoon that all charges against Gary Schultz, Tim Curley, and Graham Spanier will stick.

A trial date has not been set yet but is anticipated for the spring. Yahoo’s Dan Wetzel reports that legal experts think the contentious trial could last up to two months.

“It’s a tragic day for Penn State University for sure,” Judge Wenner said while making his ruling.

AG Investigator Anthony Sassano was the last witness to testify. He was one of the first investigators to interview Mike McQueary as part of the Sandusky investigation.

The three attorneys attempted to paint a picture of coercion by the prosecution to get exaggerated statements by McQueary to make for a better case against Sandusky.

Curley’s co-counsel Brian Perry asked Sassano to explain why Sandusky was acquitted of deviate sexual intercourse in the McQueary victim case in an intense line of questioning that had to be interrupted by Wenner.

“From Day one, Mike McQueary never said he saw penetration,” Sassano said. “He said he saw Jerry Sandusky behind a boy in a position he believed was penetration. They only way we would know is if the victim came forward or McQueary saw it.”

Perry wasn’t the only attorney to go after McQueary’s testimony. Spanier’s attorney Elizabeth Ainslie put it bluntly in her closing remarks.

“I believe Mike McQueary is making it up as he goes along,” Ainslie said, arguing that McQueary’s uncorroborated and inconsistent testimony is the only evidence against her client. “But in the end, he says nothing about Dr. Spanier. The evidence against Dr. Spanier is all innuendos and farfetched inferences.”

[FlJoePa]

That presentment is a work of fiction as it claims Mike McQueary witnessed a rape in the shower. Mike McQueary never testified to any such thing. It was also suspiciously leaked to the media in a manner to attract more victims and also spurn outrage (which it obviously did).

I firmly believe that Linda Kelly’s AG office is going to be in some real hot water over that document before all this is said and done.

[Nifster]

I do not pretend to follow Pennsylvania law. All sorts of people are mandated reporters that do not fit the ‘thought of’ as typical. Why are you trying to protect men who encouraged a win at all costs attitude to pervade PSU? With Paterno, Sandusky is nobody.

[FlJoePa]

I guess I don’t understand where this myth that PSU had/has a “win at all costs” attitude towards it’s football program.

For years they have been a model program - even used by the ncaa as a model for other schools to emulate. They graduate 80% of their players and are the only division 1 school to never have had a major violation.

PSU has always been proud of it’s football program - and ALL their student athletes. But certainly never more so than any comparable school.

As far as protecting TC, GS, and GS - I simply don’t think they did anything wrong. In hindsight, sure you can say if they’d have done this, then that wouldn’t have happened, etc... But not at the time, given the information they were provided.

This is a very emotional issue, and I think they are paying an exorbitant price for that - especially when compared to the local and state agencies, as well as the second mile itself - who truly failed those kids (and continue to to this day). JMO of course.