From Pennlive:
BELLEFONTE - Former Penn State President Graham Spanier, perhaps offering a preview of coming attractions, testified publicly for the first time Thursday about his handling of
the Jerry Sandusky child sex abuse scandal.
Spanier took the stand in
former assistant football coach Mike McQueary's whistleblower suit against the university.
Measuring his words very carefully throughout, Spanier portrayed himself as an executive who never really got too immersed in the details of McQueary's initial eyewitness report to Joe Paterno on Sandusky.
Rather, he said, he was busy with fundraising and other duties of the presidency and content to let his senior lieutenants, Tim Curley and Gary Schultz, take the lead on the issue - especially after he had been led from them to believe that the incident was based on nothing more than "horsing around."
Spanier also reitereated his prior public assertions that he had no recollection of hearing about a separate 1998 shower allegation against Sandusky that had been investigated by university police.
The former president, one of many Penn State figures who saw his career abruptly interrupted by the Sandusky scandal, is likely a key witness in McQueary's quest for damages over what he sees as mistreatment by Penn State.
But Spanier, with Curley and Schultz,
is also a defendant in a separate criminal case stemming from the former administrators' handling of McQueary's report.
Spanier first was asked about the 1998 case.
He said Thursday that he was travelling out of the country at the time Schultz, his senior vice president for business and finance, sent his email reporting that the 1998 case had been closed without charges.
Spanier said that he would not have had access to the email during his trip. He also said he has no recollection of seeing it upon his return.
"That was probably the one circumstance where I didn't go back and try to read every email, because my schedule was pretty busy," Spanier said.
Spanier added that even if he had seen the 1998 email, because since Schultz had marked the matter as closed he likely would not have followed up on it.
Spanier was then confronted with the now-infamous February 2001 email exchange between he, Schultz and then-Athletic Director Curley about the allegation McQueary had reported.
The former president told the jury, under questioning from McQueary's attorney Elliot Strokoff, that he had initially heard about McQueary's report from Curley and Schultz after a Feb. 12, 2001 president's council meeting.
Spanier said it was described to him only as "horsing around," and that at the time they decided on two "interventions:
* Telling Sandusky that he was not welcome to bring Second Mile youth into campus facilities any more.
* And to make sure the leaders of the former Penn State defensive coordinator's youth charity, the Second Mile, knew of that decision.
Strokoff noted that conversation would have occurred the day after Schultz had already
consulted with then-Penn State counsel Wendell Courtney about obligations to report possible child abuse.
But Spanier said that consultation with Courtney was never mentioned in his discussion with Curley or Schultz.
He also said he was comfortable reaching a decision on how to handle the allegation without hearing directly from McQueary or ordering further investigation because it was only characterized as "horsing around,"
It seemed, he said, "like an adequate level of intervention."
Strokoff moved onto the now-infamous
email exchange from February 2001 between Curley, Schultz and Spanier in which the three men came to a final determination on how they would handle the Sandusky matter.
The trio is facing failure to report and child endangerment charges because they did not take McQueary's report to police or child welfare officials.
Strokoff quizzed Spanier on many specifics about Curley's initial email from Feb. 27, 2001, which seems to allude to prior concerns about Sandusky.
But Spanier stated several times that he did not know precisely what Curley's reference was to when he wrote about telling Sandusky the administrators were aware of "the first situation," about offering Sandusky help with his "problem," or references to reporting to "the other organization," which prosecutors have defined as child welfare officials.
"You're asking me to explain what someone else wrote, and I'm not sure I can do that," Spanier said.
Strokoff countered that Spanier, in his own response, had signalled his approval of Curley's approach.
Clarifying that point, Spanier stated that Curley had been designated the lead on the Sandusky matter, and he was basically giving his approval to Curley's revised approach.
Noting that he had also been travelling for much of the time between the first conversation and the emails traded two weeks later, Spanier said: "I'm sure I was thinking: 'You have the lead on this. I'm comfortable with your approach. Please proceed with handling it.'"
Spanier has always insisted that he had never known that the incident McQueary had seen in the Lasch Football Building that winter was sexual in nature.
That's why, he added, he was comfortable with Curley's suggestion.
"It didn't occur to me that it was something that warranted an investigation," Spanier said.
Before breaking for lunch, Strokoff began questioning the former president on the statement he issued in defense of Curley and Schultz when they were initially charged with perjury and failure to report in November of 2011.
McQueary has argued that that statement defamed him, as the former administrators initial accuser.
Spanier made plain that he issued the statement based both on what he remembered of the 2001 allegation, and his longstanding relationship with both men.
"I knew what they said to me, therefore I knew what I thought was the truth," Spanier said.
"I thought it was an unbelievable injustice that these two guys - who are like Boy Scouts - would be charged with a crime... That's what was in my head."
Spanier, who was still on the stand at lunch break, was preceeded on the stand by Tom Harmon, who was chief of Penn State's university police at the time.
Harmon spoke as he has in prior court proceedings, testified to his communications with Schultz and Curley over the 1998 shower incident involving Sandusky and a different boy.
The email chains show that Schultz and Curley clearly knew about the 1998 investigation, which did not result in charges against Sandusky at that time, and that Spanier was at least copied on the information.
The existence of that incident - and the administrators' knowledge of it at the time, is a building block for the criminal charges pending in from McQueary's 2001 report.
McQueary, 42, alleges he's been treated unfairly by Penn State in the aftermath of his public emergence as a key prosecution witness against Curley, former PSU President Graham Spanier, and former senior vice president for business and finance Gary Schultz.
McQueary's suit says the cumulative effect of inaction by the three former administrators
to his initial eyewitness account against Sandusky, has branded him as part of a cover-up.
As a result, he believes, his name has become radioactive in college football coaching circles.
Spanier, Curley and Schultz still face
child endangerment charges in Dauphin County court.
Sandusky was convicted in June 2012 of the serial sexual abuse of 10 different boys between 1994 and 2008. He is currently a minimum 30-year state prison term.
McQueary, a State College native who played and coached for the late and legendary Paterno, seeks damages of $4 million to replace expected lost income as a major college coach.