Penn State officials released on bond after charges they failed to report suspected sex abuse

Tim Curley (center) and Gary Schultz are charged with failing to report and lying about accusations against Jerry Sandusky.
Tim Curley (center) and Gary Schultz are charged with failing to report and lying about accusations against Jerry Sandusky. (LAURENCE KESTERSON / Staff Photographer)
Posted: November 08, 2011

HARRISBURG - Two top Pennsylvania State University officials were released on $75,000 bond Monday after surrendering to face charges that they failed to report suspected child sexual abuse by a former assistant football coach and lied about it to a grand jury.

Prosecutors said head coach Joe Paterno was not a target of the ongoing inquiry, but they stopped short of offering similar assurance for other university officials.

Senior vice president Gary Schultz and athletic director Tim Curley stand accused of failing to alert police to complaints that former defensive coordinator Jerry Sandusky had sexually abused boys.

In interviews outside the courtroom, attorneys for both men vigorously defended their clients' innocence and attacked prosecutors for pressing a weak case.

"These men are the best of men," said Thomas Farrell, who represents Schultz.

Multiple developments unfolded Monday in a scandal that has rocked one of the nation's leading universities:

Pennsylvania Attorney General Linda Kelly said there could be more victims than the eight cited by the grand jury. She asked an unidentified boy who in 2002 was reportedly assaulted in a football shower room to come forward.

On news programs and Internet sites, demand rose for Penn State officials to provide a full and detailed accounting. A representative for university president Graham Spanier said he was in meetings and unavailable to respond to questions. More than 700 people signed an on-line petition calling for his dismissal.

Kelly and her staff would not say whether Spanier was a target of the inquiry. Spokesman Nils Frederiksen said, "There are individuals who were witnesses and cooperated with the investigation. All other issues are under active investigation."

U.S. Education Secretary Arne Duncan said he was "extraordinarily angry" over the allegations. "The fact that this was allowed to go on for so long is mind-boggling to me," he told the Associated Press in a videotaped interview.

Sandusky faces more than 40 counts covering 15 years. He has maintained his innocence and is free on $100,000 bail.

The grand jury said he assaulted boys sexually through his charity for at-risk youth, the Second Mile. Much of the abuse occurred at Penn State athletic facilities or during university-related events.

The grand jury described numerous incidents in which witnesses spotted Sandusky in compromising positions with boys. In each case, the accusations seemed to go nowhere.

"When you go through this case, there aren't many heroes involved," State Police Commissioner Frank Noonan said.

Paterno, the winningest Division I football coach in the history of the National Collegiate Athletic Association, was not charged, and the grand jury report did not implicate him.

Steve Garban, chairman of the university's board of trustees, said neither Spanier not Paterno would have to resign. "No," he said. "No. We are where we are. Graham is still running the university, and Joe is still the coach."

The board has a regularly scheduled public meeting at 9:45 a.m. Friday at the Nittany Lion Inn in State College.

Law enforcement officials charged that Curley and Schultz learned of Sandusky's behavior in 2002 but failed to report it to authorities and later provided false testimony to the grand jury. Both stepped away from their jobs late Sunday after the charges were announced.

Curley asked to be placed on administrative leave so he could devote time to his defense, and Schultz will go back into retirement.

Kelly, speaking to reporters Monday, called the inquiry "ongoing and active. . . . We are determined to quickly respond to any new witnesses or any additional information that may appear."

She said she wanted to find a boy whose assault was witnessed in March 2002.

The witness, assistant football coach Mike McQueary, then a 28-year-old graduate assistant, testified that he entered the Lasch Football Building's locker room to drop off sneakers and was surprised to find the lights and showers on. He looked into the shower and saw a naked boy, about 10 years old, with his hands against the wall, being subjected to anal intercourse by a naked Sandusky, the grand jury said.

McQueary left, called his father, and decided to report the incident to Paterno. The next morning, the grand jury said, McQueary went to the coach's home in person and "reported what he had seen."

Paterno called Curley to his home the next day and reported that McQueary had seen Sandusky "fondling or doing something of a sexual nature to a young boy," according to the grand jury.

About 10 days later, McQueary was called to see Curley and Schultz and told them what he had seen.

Curley and Schulz assured McQueary they would look into it, the grand jury said. Curley contacted McQueary several weeks later, saying that Sandusky's keys to the locker room had been confiscated and that the incident had been reported to the Second Mile.

University police never questioned McQueary, and there was no other inquiry until he was called before the grand jury in December 2010.

Schultz told the grand jury that while McQueary's report alleged inappropriate sexual conduct, the allegations were "not that serious," and he and Curley "had no indication that a crime had occurred."

According to the grand jury, Curley denied being told that Sandusky was seen in a sex act with the boy; Schultz said he was "unsure" about what he was told.

On Monday, Schultz and Curley arrived in separate cars for a 20-minute court hearing. At the defense table, Curley appeared relaxed and smiled at his wife, Melinda. Schultz was alone.

Their attorneys tried and failed to have the men released on their own recognizance. Both attorneys said the law covering the reporting of suspected sexual abuse of minors did not apply to their clients.

"They did what they were supposed to do and reported it to their bosses at PSU," said Farrell, Schultz's attorney, who alleged "prosecutorial misconduct" in the case against his client.

Caroline Roberto, who represents Curley, said it was "unconscionable" for prosecutors to bring such a case against her client. The duty-to-report charge constitutes a summary offense, "like a speeding ticket," she said.

Schultz, 62, and Curley, 57, will seek to have the charges dismissed, their attorneys said.

Before Curley and Schultz stepped down Sunday, Spanier had given them his "unconditional" support.

"I have known and worked daily with Tim and Gary for more than 16 years," Spanier said in a statement released Saturday. "I have complete confidence in how they handled the allegations about a former university employee."

On Monday, calls to more than a dozen Penn State trustees were routed to Garban, the board chairman since 2010, who said the university will seek "a completely independent review."

"We still pride ourselves on the integrity [of the board] and continue to emphasize that," he said. "We will do what we believe is in the interest of this university and the Commonwealth. If you do the right thing it will take care of itself. You guys, in your media frenzy, will eventually pass."


Watch the arraignments of Tim Curley and Gary Schultz at www.philly.com/curley


Expanded Coverage Inside

Students, faculty struggle in the aftermath. A12.

Paterno, PSU brass dropped the ball on this one. Editorial, A20.

Attorney General Linda Kelly is "all about the case." B1.

News trucks converge on Beaver Stadium. Sports, D2.


Staff writer Michael Matza contributed to this article.

Contact staff writer Jeff Gammage at 215-854-2415, jgammage@phillynews.com; or on Twitter @JeffGammage.

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