A new voice: Former Second Mile boss Jack Raykovitz gives his first public testimony in Sandusky scandal
By
Charles Thompson | cthompson@pennlive.com
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on March 21, 2017 at 9:10 PM
Jack Raykovitz, former executive director of the now-defunct Second Mile youth charity, took the witness stand Tuesday in the criminal trial of former Penn State president Graham Spanier.
It was the first time Raykovitz, a man near the center of the
Jerry Sandusky child sex abuse storm in many ways, has testified publicly in more than five years of court proceedings.
Spanier is battling charges that he deliberately
failed to take a 2001 eyewitness report of sexual abuse by Sandusky to police or child welfare authorities, a missed chance that permitted Sandusky to prey on other boys for years.
His attorneys have countered that Spanier and his lieutenants
made an earnest effort to deal with a bad situation. It did not succeed, they concede, but that doesn't make their judgment call criminal.
Raykovitz was called Tuesday to tell jurors about the message he received from former Penn State Athletic Director Tim Curley after Spanier, Curley and former vice president Gary Schultz collectively opted not to take
the February 2001 allegation against Sandusky to police.
Curley reported an incident to Raykovitz that March, the former charity director and licensed psychologist said, but it was a PG version of something that the witness, Mike McQueary, has consistently testified was something far worse.
Curley, Raykovitz testified, only told him someone had observed Sandusky - the longtime Penn State coach who was Second Mile's founder, public face and chief fundraiser - in a shower with a young man and "felt uncomfortable."
The incident was investigated, Raykovitz said he was told, and nothing inappropriate was found. Nevertheless, Curley stated that Penn State was telling Sandusky that he was no longer welcome to bring Second Mile kids onto the campus.
The conversation, Raykovitz said under questioning from Chief Deputy Attorney General Laura Ditka, included none of the details
McQueary testified even Tuesday were part of his report: like "slapping sounds," or "skin-to-skin contact" or sexual positions.
In fact, Raykovitz said he was left with the impression that the incident in question involved a teenager, rather than what McQueary has stated he felt was a pre-pubescent boy between the ages of 10 and 12.
Raykovitz said he had a follow-up meeting with Sandusky as a result.
There, he advised Sandusky that, given child abuse cases coming to light at the time from the Boy Scouts and the Roman Catholic Church, if he showered with someone after a workout going forward, he should wear swimming trunks.
As if to draw a bright line between Curley's report and actual sexual abuse, Ditka then asked Raykovitz about the Second Mile's response to a much more direct allegation of abuse against Sandusky in 2008 - the report that would ultimately trigger the grand jury investigation.
That call from Clinton County Children and Youth Services office, Raykovitz said, was effectively the end of Sandusky's relationship with the Second Mile: "We separated him from all programs after that."
Some of Raykovitz's testimony has been pieced together in the past through the grand jury presentment and interviews with Second Mile board members, but this was the first time the charity's leader testified in public.
Raykovitz is a bit of a lightning rod in the case.
Some Penn State friends and alumni are bitter that prosecutors brought charges against Spanier and his top lieutenants, fueling the narrative that they believe has unfairly tarnished the Paterno Era at Penn State.
In their view, it was the leaders of the youth charity where Sandusky was finding his victims that are more culpable.
No one at The Second Mile - which dissolved in the wake of crushing publicity from the Sandusky scandal - has been charged with any crimes.
Sources who participated in the Sandusky probe have said the agency was examined in 2012, but state officials initially deferred to federal investigators exploring aspects of the Sandusky case.
Former Attorney General Linda Kelly's staff, who had been working with the Freeh team investigating Penn State's role in the scandal, focused on what they felt was a cover-up by top leaders there.
By the time state investigators had complete that leg of the investigation, former Attorney General Kathleen Kane took office, and the focus became Kane's promised review of her predecessors' handling of the Sandusky probe.
By now, statute of limitations rules would seem to rule out the prosecution of any Second Mile officials, if there was a case that warranted it.
Under cross-examination Tuesday, Spanier's attorneys made clear Raykovitz had only heard from Curley about the 2001 incident, and that their client had never talked to him about it.
In addition, to buttress the defense case that Spanier never realized McQueary's allegations were of a sexual nature, attorney Sam Silver also got Raykovitz to agree that - based on what he knew of the 2001 incident - it was something worth reporting to Second Mile board leaders, but not something that needed to be reported as an incident of child abuse.
In other words, the defense can suggest, one of Central Pennsylvania's pre-eminent charities for at-risk kids treated the McQueary report much like Penn State's leaders did.