According to MM's testimony to Roberto in the 12/16/11 prelim, he wasn't 100% sure what they were doing (which contradicts what he said in his OAG statement that he was certain). He could only say what he thought they were doing. There's a big difference. That is my guess as to why Dr. D didnt feel what MM said that night was solid enough to involve police or CYS.
Heres a breakdown of the testimony. After reading this does it sound like MM was trying to urgently get police involved?? I don't think so...
Pg. 72: MM never used the words anal intercourse or anal sodomy when explaining what he saw to Joe. Here's the actual Q & A b/c I think it's important. Also note how MM keeps saying "I would have told..." instead of "I told him....."
Q: Did you explain to him anal intercourse?
A: No. I would have explained to him the positions they were in roughly, that it was definitely sexual, but I have never used the words anal or rape in this -- since day one.
Q: Right, and you didn't use those words because you weren't sure that that is what was happening in the shower, right?
A: Ma'am. I'm sure I saw what I saw in the shower. I'm sure of that. I did not see insertion or penetration and I didn't hear protests or any verbiage but I do know what I saw and the positions they were in that -- and it was very clear that it looked like there was intercourse going on, ma'am.
Q: But you would not say for sure that that's what you saw?
A: I’ve testified that I cannot tell you 1,000 percent sure that that’s what was going on
Q: Well, let’s just say 100 percent sure
A: Okay, 100 percent sure
Q: Okay, you can’t say that?
A: No
Pg. 74:
Q: And you went to Coach Paterno in lieu of, not in addition to, going to police that night?
A: I went to coach Paterno first
Q: Okay, did you go to police that day of – the day you spoke to Mr. Paterno?
A: No
Q: Did you go the next day?
A: No I did not
Q: Did you make any conclusion to Coach Paterno about what was happening
A: Yes, it was extremely sexual, yes
Q: Did you say extremely sexual in nature?
A: In nature?
Q: Yes
A: I can’t remember if I said the word in nature or not ma’am. I don’t know that
Q: Did you ever use the word fondling?
A: I’m sure I did to help describe what I was seeing. I’m sure I did use the word fondling, yes ma’am
Q: Okay, did you see any type of fondling with Mr. Sandusky’s hands on the boy?
A: No, I’ve already stated that when I saw his arms wrapped around the boy, that I could not see his hands. The bodies were blocking --
Q: Okay
A: -- his hands so I cannot say that I saw Mr. Sandusky’s hands on a boy’s genitals, no ma’am.
Q: So you can’t – how would you describe fondling, I’m sort of confused here
A: Fondling is touching someone in a sexual way. I don’t know if that’s the exact definition, but that’s what my definition is.
Q: Okay, so that’s what you thought you saw
A: Yes ma’am.
Q: Okay
A: without a doubt
Q: Okay, now when you talked with Mr. Paterno and he told you what he was going to do, he was going to – did he tell you what he was going to do?
A: Yes ma’am. As I already stated, he said that he needed to think and contact some other people and that he would get back to me.
Q: Okay, and did you ask Coach Paterno if those other people meant the police?
A: No ma’am. I did not ask him that.
Q: And did you say to Coach Paterno, coach, I really appreciate it and I also think we should call the police
A: No, I did not
**again, another WTF piece of MM’s testimony that doesn’t jive with him being certain a sex act occurred that night**