In retrospect they should have made more thorough documentation but there was some in the form of emails and schultz’ handwritten meeting notes and meeting with counsel Wendell Courtney, etc.. None of that documentation shows a crime was reported by MM. Even MM and his Dad/Dr D didn’t feel the need to call the police that night and file an official report so JS would be arrested and questioned. Instead they treated it as an administrative matter by reporting it to Joe the next day then some school admins a few days later. Curley called MM about a week after their initial chat and asked if he was satisfied and he expressed no dissatisfaction or asked that more be done.
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For a little bit of background, below are some excerpts from MM's and JM's testimony at the 12/16/11 Prelim hearing for C/S/S. IMO this testimony COMPLETELY destroys the state's case against C/S/S, so no wonder John Mcqueary decided to have a random case of Commonwealth dementia (and denied ever being in the courthouse) when asked by Rominger in the JS trial on 06/12 if he could verify his testimony from the Prelim and the Judge didn't seem to think this was odd or hold him in contempt of court, etc and actually defends JM’s lack of memory....WTF????
Take a note of how many parts of the below testimony DON”T match up at all with the current narrative.
Here's the link to the
12/16/11 Prelim (
backup link). Take a look at pages 67-85 (MM cross examination by Roberto) and 140-158 (JM's cross examination by Roberto and Farrell). Really, really fascinating stuff if you read through it.
Page 36: MM states that after his meeting with C/S no one from UPPD or LE came to speak with him. He didn't speak to anyone in LE until the OAG sought him out 9 freaking YEARS later.
(How was MM ok with this lack of LE to get his written statement if he really was 99% sure JS was raping a kid???)
Page 37: MM says TC called him 4 or 5 days later to follow up and told him they revoked JS’ guest privileges and informed TSM
Pg. 83: Q: When you were with Mr. Curley did you say to him – and this was ten days later?
A: Yes
Q: Did you say to him I think we should call the police?
A: No, I would not have said that to him, no
Q: And, in fact, that was consistent, you never said it to anybody in those 10 to 12 days, right?
A: No. sitting right next to Mr. Curley in that meeting in my mind is the police. I want to make that clear. I mean, that’s the person on campus who the police reports to, just so you know
Q: I’m sure Mr. Farrell will follow up with you on that.
Pg. 85: MM never once saw JS around the program with a child since the 2001 incident. Also, when TC followed up with MM by telephone 5 days later to tell him this is what we’ve done and what we’ve decided to do, MM did NOT dispute or oppose or say that they needed to do more.
**Chew on that last one for a few minutes. Apparently the state/freeh/etc. is claiming that C/S should have somehow done more even though the only witness was fine with their course of action…truly unreal.**
Pg. 151 (Farrell cross examination of JM):
Q: Do you recall Dr. Dranov disagreeing with your description of what Mike said when you said it to Mr. Schultz?
A: Not disagreeing, at least at that time, no I don’t – I don’t believe he did
Q: Did he add facts to it or correct facts?
A: We’ve had conversations so many times, it’s difficult to put into place what occurred week one, month one, year ten. And so I feel uncomfortable answer that because I don’t – I can’t say it with 100 percent certainty
Q: In this meeting with Mr. Schultz, did you tell Mr. Schultz that what Mike had seen was a crime?
A: I never used the word crime, I made it, Im sure, clear that it was at least a very inappropriate action and what Mike described to me led me to believe it was sexual in nature.
Q: Okay, so you think the way you described it to Mr. Schultz was at least inappropriate and from what Mike said perhaps sexual in nature?
A: I think Mr. Schultz went away from that meeting with that understanding, yes.
Q: You never used the phase anal sex with Mr. Schultz?
A: Absolutely not
Q: Or the word rape?
A: Not at all
Q: Or the word sodomy?
A: No, not at all
Q: Or the phrase sexual assault?
A: No, not at all
Q: How about the word fondling?
A: I don’t think I would have used it because I didn’t see it. I would be saying what I was told, but I don’t think I would have used fondling.
Q: I apologize for this, but in the discussion with Mr. Schultz did you describe to Mr. Schultz the action of Mr. Sandusky thrusting his groin into a young boy’s rear end?
A: No
Q: Did Mike tell you that?
A: And Mike never said that
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Then there’s this gem from JM:
Pg. 156-157:
Q: Do you recall if you ever expressed any dissatisfaction with Mr. Schultz about the action that was taken or not taken?
A: I wouldn’t make it a personal dissatisfaction. I was – I was dissatisfied with the process that what appeared to be or sounded to me to be a serious reported infraction that we’ve all discussed here, that it appeared on the surface that the system wasn’t doing much about it. I am not in a position to say that Gary Schultz didn’t do anything about it.
**note the way JM describes the 2001 incident as "what appeared to be a serious infraction". Since when is certain child rape/molestation something that appears to be a serious infraction??...it would be a CERTAIN CRIME, not an apparent serious infraction**
Q: Well, did you ever express to Mr. Schultz your dissatisfaction with how the system was proceeding?
A: I cannot say that I ever expressed dissatisfaction to Gary
**WOW, So, according to MM/JM/the prosecution, Gary was supposed to magically conclude that JM was dissatisfied with how the report was handled, even though JM or MM never expressed dissatisfaction to either TC or Schultz? Talk about bizarro world material! These guys can’t read minds, if JM/MM were dissatisfied they should have spoken up**
Page 211 is Schultz GJ testimony, he had the impression 2001 was inappropriate.
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With the above in mind take a look at page 24 from the
6/13/12 testimony from the JS trial. Rominger is questioning JM.
Q: I have a transcript from Friday December 16, 2011, in Daulphin County courthouse. Were you present there?
A: No
Q: I’m going to show you – I’m going to show you a transcript from the Daulphin County proceeding.
A: Ok
Q: Do you recall this, what I would call a preliminary hearing
Q: I’m going to show you a transcript and turn to the list of witnesses. Do you see your name there?
A: Yes
Q: You don’t recall going to a preliminary hearing?
A: No
Q: Okay I’m going to show you what appears to be a certified copy of a transcript. You see your name on it, correct?
A: Yeah I do.
Q: I’m going to show you page 137. You were asked the question and gave an answer. Can you just look at that and see – here – if that’s what you said? And then it follows up over here.
A: I was not in that courthouse to my knowledge, something’s not right here.
Q: All right, you don’t think you said this?
The Court: He just said that, Mr. Rominger, let’s go.
Rominger: Your Honor, can we approach?
The Court: No
By Rominger:
Q: So you are saying you didn’t testify –
The Court: He just said that, Mr. Rominger
By Rominger
Q: -- In Daulphin County Courthouse? I’m going to show you another excerpt from that transcript.
The Court: Mr. Rominger, he just said he wasn’t there.
Mr. Rominger: Your Honor, I’m having some difficulty because according to the Commonwealth he was there.
The Court: He said he wasn’t there, Mr. Rominger. I don’t know what more I can say to you.
**Truly unreal the Judge went along with that B.S. and had no problem with JM contradicting what the Commonwealth’s own transcripts were saying…W…T….F!!**