The quick action by high school staff members in Clinton County in response to reports of a possible sexual assault by Sandusky is in marked contrast to the reaction of top officials at Penn State University, who had actually received a first-hand report of a sexual attack by Sandusky seven years earlier.
"One of the most compelling and disturbing pieces of testimony in this investigation came from an eyewitness to a late-night sexual assault that allegedly occurred in March of 2002, in the locker room of the Lasch Football Building on the University Park Campus," Kelly said. "Hearing what sounded like sexual activity in the showers of a building that was supposed to be empty, a graduate assistant reportedly observed Sandusky sexually assaulting a naked boy who appeared to be about 10 years old."
According to the grand jury, the graduate assistant had returned to the football building that evening to put a new pair of sneakers in his locker and to retrieve some recruiting films, only to be surprised that the lights were on in the locker room and showers were running. The assistant immediately recognized Sandusky.
Kelly said the assistant, who was extremely upset about what he had seen, immediately called his father to relate what he had discovered. Together, the two decided that the assistant should promptly report the incident to head football coach Joe Paterno.
The next morning, the assistant telephoned Paterno and then went to Paterno's home to explain what he had seen. Paterno testified that he then called Penn State Athletic Director Tim Curley and met with Curley the following day, explaining that a graduate assistant had reported seeing Sandusky involved in sexual activity with a young boy in the showers at the Lasch Building.
Kelly said that approximately one and a half weeks later, the graduate assistant was called to a meeting with Curley and Gary Schultz, who was Senior Vice President for Finance and Business at the University. At that time, the assistant again recounted what he had witnessed Sandusky doing to a young boy in the showers of the football locker room.
"Despite a powerful eyewitness statement about the sexual assault of a child, this incident was not reported to any law enforcement or child protective agency, as required by Pennsylvania law," Kelly said. "Additionally, there is no indication that anyone from the university ever attempted to learn the identity of the child who was sexually assaulted on their campus or made any follow-up effort to obtain more information from the person who witnessed the attack first-hand."
Kelly said that rather than reporting the matter to law enforcement, Curley and Schultz agreed that Sandusky would be told he could not bring any Second Mile children into the football building. That message was also reportedly related to Dr. John Raykovitz at the Second Mile (Past Executive Director and Executive Vice-President and currently the President and CEO of the Second Mile).
"Despite this so-called 'ban', which was reviewed and approved by University President Graham Spanier without any further inquiry on his part, there was no effective change in Sandusky's status with the school and no limits on his access to the campus," Kelly said. "Sandusky's 'emeritus' position, alleged negotiated as part of his 1999 retirement, provided him with an office in the Lasch Football Building; unlimited access to all football facilities, including the locker room; access to all recreational facilities; a parking pass; a university Internet account; listing in the faculty directory and numerous other privileges - he had remained a regular presence on campus."
During testimony before the grand jury, Schultz acknowledged that he was aware of a 1998 University Police investigation that also involved allegations of sexually inappropriate behavior involving Sandusky and young boys in the football showers, but did not pursue the matter further and did not seek any additional review in light of the new report in 2002.
The grand jury also noted that the 1998 report involving Sandusky and boys in the showers was reviewed by University Police and Child Protective Services, with the blessing of Wendell Courtney, who at the time served as University Counsel and was (and remains) counsel to The Second Mile - though no criminal charges were ever pursued.
Kelly said the grand jury determined that Curley and Schultz had provided false testimony while discussing their response to the 2002 report of a child sexual assault in the football showers.
Specifically, the grand jury found that Curley committed perjury in repeatedly denying that he had ever been told that Sandusky had engaged in sexual misconduct with a child.
Additionally, assertions by Schultz that the allegations concerning Sandusky were "not that serious" and that he and Curley "had no indication that a crime had occurred" were in direct contradiction to other testimony and constituted perjury.
The grand jury found that portions of the testimony provided by both Curley and Schultz were not credible.
"The failure of top university officials to act on reports of Sandusky's alleged sexual misconduct, even after it was reported to them in graphic detail by an eyewitness, allowed a predator to walk free for years - continuing to target new victims," Kelly said. "Equally disturbing is the lack of action and apparent lack of concern among those same officials, and others who received information about this case, who either avoided asking difficult questions or chose to look the other way."
Kelly said that despite the false testimony and "uncooperative atmosphere" encompassing some Penn State University and Second Mile officials, investigators from the Attorney General's Office and State Police gradually uncovered a pattern of other potential sexual assaults by Sandusky.
The grand jury eventually identified a total of eight young men who were the targets of similar sexual advances or assaults by Sandusky, starting in 1994 and continuing through 2009. All of the victims first encountered Sandusky through Second Mile activities.
