The singular problem with this idea of "at the time" which I apply to Gary (not sure if Tim or Graham were aware of WC advice) and not Joe is that they were informed by a lawyer to report it. Plain and simple. That must be included in the information they had at the time. A lawyer said (paraphrasing before people freak out) "hey if you REALLY want to be sure about it, just report it". We can speculate why they didn't follow WC's advice, but the fact is that's part of their info and they ignored it. He didn't say "well if Jerry doesn't hear you, then report him" or any other qualifier, he just said to be safe, call the authorities.
Now
@rmb297 Ray has written about the possibility of a report being made, unfounded/screened out, and expunged. The problem there is that Gary has never, IIRC, state unequivocally that a report was definitely made. This is a problem for me. He has said he thinks maybe one was, or that Graham told him it was handled. Why didn't Gary document this as he did with the other items and plan? It just doesn't make sense to me.
First, Gary's memory of what happened in 2001 is hazy at best. Also consider that none of the three who testified on January 12th 2011 didn't sit down and compare notes about what happened.
Gary's memory at the trial improved quite a bit -- having quite excellent recall that he started writing his 2/12/2001 note as he spoke with Tim, then finished writing it after meeting with Graham. Of course, Spanier is mentioned nowhere in the note.
There are other questionable statements, such as a meeting at the BJC on 2/25/2001 with Spanier and Curley that neither Spanier nor Curley recall.
As for why Gary didn't document his 2001 report. How do you know he didn't?
This is a case built on lies and deceptions.
Recall that Cynthia Baldwin handled all of the information going from PSU to the OAG's office.
So....
In the Commonwealth's opening, the attorney stated
"thank the Lord Gary Schultz was a very good note taker" -- but there are hardly any notes at all when you consider all of the meetings that took place.
a) No notes regarding call from Tim Curley on 2/11/2001.
b) No notes re: discussion with W. Courtney on 2/11/2001. A rather important discussion that NEITHER individual has notes about.
c) No notes re: discussion with T. Harmon on 2/12/2001.
d) NOTES exist for 2/12/2001 mtg w/T. Curley (and allegedly Spanier) and
reference report to DPW.
e) No notes exist for 2/18/2001 mtg w/Tim Curley
f) No notes exist for 2/19 or 2/20 mtg w/Mike McQueary. Gary is a great note taker, but doesn't have a single note from this meeting. Impossible.
g) NOTES exist for 2/25/2001 mtg w/T.Curley (and allegedly Spanier) and
reference report to DPW
h) No notes exist for later mtg w/J. McQueary & J. Dranov
The only notes from 2001 just so happen to mention DPW and are “inculpatory.”
Any notes that could be exculpatory are missing. That’s not an accident.