This week, in Dauphin County Courthouse, Graham Spanier was on trial for three felony counts. Two for child endangerment, and one for conspiracy.
Two weeks ago, his alleged co-conspirators, Tim Curley and Gary Schultz, pleaded guilty to a lesser charge — misdemeanor child endangerment. Neither were granted deals, although Curley was told that if sentenced, with appropriate medical documentation, he may be allowed to serve his sentence on house confinement (he has cancer). On Wednesday, they both testified on behalf of the prosecution.
Tim Curley
Tim Curley, I would label a hostile witness. Uttering the words “I do not recall” at least 15 times when asked about specific conversations, and only testifying to what was found in emails they had thought were lost. Gary Schultz was, in my opinion, mostly honest, though to protect his reputation and to try and leave reasonable doubt, he waffled on some of his testimony — using the words “I believe” and “I can’t say for sure.”
Under direct examination, Tim Curley confirmed that Joe Paterno was who he was referring to as "coach" in the 1998 emails.
In an email from Curley to Schultz and [PSU president Graham] Spanier at 5:24 p.m. captioned "Joe Paterno," Curley reports, "I have touched base with the coach. Keep us posted. Thanks." As the investigation progressed, Curley made several requests to Schultz for updates. On May 13, 1998 at 2:21 p.m., Curley emailed Schultz a message captioned "Jerry," and asked, "Anything new in this department? Coach is anxious to know where it stands." Schultz forwarded Curley's note to [university police chief Thomas] Harmon, who provided an email update that Schultz then forward to Curley
Curley testified that he kept Joe Paterno apprised of the status of the investigation in 1998.
Perjury?
Notes detailing an initial three point plan, wherein they would alert The Second Mile, notify Department of Public Welfare, and talk with Jerry, were displayed and the prosecution asked Curley who came up with the plan. When asked directly whether Graham Spanier was involved in coming up with the plan, Curley testified “No.” The prosecution then handed him the transcript from his plea testimony, given just days before, and asked him to review what he said. Once he did, they took the paper back and asked him again whether Graham Spanier was involved in coming up with the initial plan and he mumbled “Yes.”
Plans Change
That initial plan was later changed:
Curley writes: "After giving it more thought and talking it over with Joe yesterday, I am uncomfortable with what we agreed were the next steps. I am having trouble with going to everyone but the person involved. I would be more comfortable meeting with the person and tell them about the information we received and tell them we are aware of the first situation,"
Spanier replies: "This approach is acceptable to me. The only downside for us is if the message isn't heard and acted upon, then we become vulnerable for not having reported it."
When questioned by the prosecution who “Joe” was in this email, Curley confirmed that it was Joe Paterno. However, he went on to say that the change in plans was his decision alone. In both cases, it is my belief in witnessing the testimony, that Tim Curley was protecting both Graham Spanier and Joe Paterno.
Curley testified that the term “horsing around” came from Joe Paterno — could not say whether Mike McQueary used that term, but did say that McQueary never said it was a sexual assault. When asked by the defense why he pleaded guilty, Curley said “I should have done more.”
Gary Schultz
Gary Schultz took the stand and, for the most part, told the truth, in my opinion. He said that he kept Graham Spanier in the loop about the 1998 investigation, noting that it was something he thought the President should be aware of. He testified that he did NOT go to Joe Paterno’s home on Sunday, February 11, 2001, but rather was told by Tim Curley on Monday morning prior to attending the President’s Council later that day. Schultz said that he immediately thought about the 1998 investigation — in a “nanosecond.”
The prosecution showed Schultz a copy of his notes — he was an ardent note taker in meetings. Schultz said he had taken these notes during his initial conversation with Curley when Curley told him with Joe Paterno had said as well as notes he took in the meeting with Graham Spanier after the President’s Council Meeting that Monday, February 12, 2001. The initial plan he, Curley, and Spanier came up with was to notify The Second Mile (the Charity Jerry had founded and was now consulting for), notify the Department of Public Welfare (the same organization that was involved in the 1998 investigation), and talk with Jerry by that Friday. Curley was to take the lead and Schultz testified that the bullet point “TMC to keep me informed" was a directive from Graham Spanier for Curley to keept Schultz in the loop since Spanier was going out of town.
Schultz testified that he was frustrated with Curley in not following the plan in a timely matter. Days passed by and nothing had been done. He hadn’t talked with Sandusky, he hadn’t informed the Second Mile, and when Schultz went on vacation, he asked his secretary to follow-up with Curley. It was while he was on vacation that the plan changed. That’s when Curley, according to the emails, met with Spanier, and then Joe Paterno — and the infamous “after giving it more thought and talking it over with Joe yesterday,” Curley was no longer comfortable with all three parts of the plan. He would still talk to Jerry, and still tell the Second Mile, but now, the contacting the Department of Public Welfare was optional.
An option they never took.
The Second Mile
Jack Raykovitz testified that Tim Curley called him to set up a meeting. At that meeting Curley told him that an employee had seen Sandusky in a shower with a boy and was uncomfortable. Curley told him the incident was investigated and nothing was found. Curley was informing Raykovitz because he wanted Raykovitz to make sure Sandusky understood that he was not to bring any more boys to Penn State campus. Raykovitz stated that when he talked to Sandusky, Sandusky seemed confused by this information, saying he understood that he couldn’t bring any more boys into the Lasch building — even asking Raykovitz, “nowhere on campus?” Raykovitz said he told Sandusky he may want to talk to Curley again and confirm, but Curley told him nowhere on campus.
The Price
((Descriptions from the Sandusky trial *after 2001— may be triggering))
Victim 1*
I remember his haunting eyes, how small he looked on the witness stand, the way his body shook with sobs as he told the packed courtroom how he was abused, how he hid underneath the pool table and in closets, trying to get away. How he finally told a school counselor, but they didn't believe him.
Victim 2(the 2001 victim — still unknown to this day)
The little boy who was pinned against the wall of the shower, being raped by Jerry Sandusky. Who looked up and saw a man who was there to save him-"He looked up at me, like he was surprised to see me in there" Mike McQueary said. But then he walked away.
Victim 3
The combat veteran who was mentored, then abused, and then abandoned by Jerry Sandusky when he became too old for his liking. "I'm mad" he said. "I'm enraged, I'm hurt ... he could just forget about me like I was nothing after I was sent away."
Victim 4*
The 28 year old man who was both a surrogate son and a victim of Jerry Sandusky. I pictured him as the investigators described him when they went to his home-curled up into the fetal position on the end of his couch.
Victim 5*
The soft spoken young man, who cried-along with his family who were seated in the gallery-as he told the story of the one time he found himself alone with Jerry Sandusky. The terror he felt as he tried to get away from him. "I felt his body on my back. I kept lurching forward but I didn't have anywhere to go."
Victim 6
The young man whose mother called University police in 1998 after her son came home with wet hair, who couldn't remember what happened to him after he was lifted into the shower head.
Victim 7
The young man who was tiny as a little boy-the size of an 8 year old when he was 12. The boy who resisted Sandusky's grooming, and then felt rejected and ostracized by him. I thought I had done something wrong, he said.
Victim 8
The boy that a Penn State janitor saw being sexually abused in the shower by Jerry Sandusky. I saw him as I pictured him in my mind, as I heard the testimony of Ronald Petrosky. "I saw him take the little boys hand, and then the two of them walked away"
Victim 9*
The 18 year old boy who looked so young and vulnerable as he took the stand. Who said he screamed for help when he was getting raped in Jerry Sandusky's basement, but no one ever came. Who said that he bled after his attacks, but took care of it himself. He tried so hard to be tough and get through it alone.
Victim 10
The foster kid who was told he would never see his family again if he didn't do what Jerry wanted. He went on to a life of crime, but then got his act together, got married, and is expecting his first child. I pictured him cradling his newborn in his arms, putting his mouth to his ear and whispering softly "I would never hurt you"
The Verdict
Graham Spanier was found guilty of one count of child endangerment. Found not guilty on the second count of child endangerment or conspiracy.
