McQueary email: I did go to the police

STATE COLLEGE, Pa. - A day after the former Penn State assistant football coach who is charged with sexual abuse of boys declared his innocence in a television interview, an email surfaced from a key witness against him, saying he stopped an alleged attack in the team's showers.

Mike McQueary, the graduate assistant who a grand jury report said saw Jerry Sandusky allegedly sodomizing a boy in the locker room, said he stopped the act and went to police. That added confusion to the already emotionally raw situation that has enveloped Penn State University and resulted in the firing of coach Joe Paterno, the ousting of president Graham Spanier and charges of perjury against the athletic director and a former senior vice president.

The Nov. 8 email from McQueary to a friend, made available to The Associated Press, said: "I did stop it, not physically ... but made sure it was stopped when I left that locker room ... I did have discussions with police and with the official at the university in charge of police .... no one can imagine my thoughts or wants to be in my shoes for those 30-45 seconds ... trust me."

A university official told CBS News Tuesday that, to her knowledge, no police report was filed.

Complete Coverage: The Penn State Scandal

McQueary is a former player and current assistant coach who was placed on indefinite paid leave last week after school officials said he had received threats. Emails sent to him seeking comment were not immediately returned.

He told the friend that he felt he was "getting hammered for handling this the right way ... or what I thought at the time was right ... I had to make tough impacting quick decisions."

Speaking publicly for the first time Tuesday, McQueary told CBS News chief investigative correspondent Armen Keteyian that his emotions were "all over the place" and he was "just kind of shaken." But he wouldn't comment further on the scandal, saying "the whole process has to play out. I just don't have anything else to say." (Watch video above.)

The grand jury report issued Nov. 5, the day Sandusky was charged with 40 criminal counts for alleged sexual abuse against eight boys over 15 years, goes into considerable detail about the March 2002 incident. McQueary was putting sneakers into his locker late on a Friday night when, the jury said, he saw Sandusky having sex with a young boy.

He left, "distraught," and contacted his father and then head coach Joe Paterno, jurors said. McQueary later met with athletic director Tim Curley and vice president Gary Schultz to describe what he had seen, the grand jury said. Curley and Schultz are charged with not alerting authorities to the report and lying to the grand jury. Paterno lost his job last week, but has not been charged and is not considered a target of investigators, state prosecutors have said.

As a result of the scandal, Curley and Schultz have left their posts, and university president Graham Spanier was also forced out of his job. U.S. Steel said Tuesday Spanier has resigned from its board, where he had been a director since 2008.

On Monday night, Sandusky said in an NBC television interview that he showered with and "horsed around" with boys but was innocent of criminal charges, a statement that has stunned legal observers. Sandusky's comments, they said, could be used by prosecutors trying to convict him of child sex-abuse charges.

"Mr. Sandusky goes on worldwide television and admits he did everything the prosecution claims he did, except for the ultimate act of rape or sodomy? If I were a prosecutor, I'd be stunned," said Lynne Abraham, the former district attorney of Philadelphia. "I was stunned, and then I was revolted."

6 Photos

Who's who in the Penn State child sex abuse scandal

Abraham, who led a grand jury probe involving 63 accused priests from the Philadelphia archdiocese, was retained this week to lead an internal investigation of The Second Mile, the children's charity founded by Sandusky, from which he allegedly culled his victims.

Sandusky told NBC News' "Rock Center" he was not a pedophile, but in retrospect should not have showered with boys.

"I could say that I have done some of those things. I have horsed around with kids. I have showered after workouts. I have hugged them, and I have touched their legs without intent of sexual contact," Sandusky told Bob Costas. "I am innocent of those charges."

When Costas asked him whether he was sexually attracted to underage boys, Sandusky replied: "Sexually attracted, no. I enjoy young people, I love to be around them, but, no, I'm not sexually attracted to young boys."

Sandusky apparently decided to talk to Costas by phone Monday at the last minute, with the blessing of his attorney, Joseph Amendola, who was in the studio.

"What was especially astonishing about Sandusky's interview is — and this will be the big moment in court — is when he stumbled over the question about whether he was sexually attracted to children," said crisis management expert Eric Dezenhall, who runs a Washington consulting firm. "That may not be legal proof that he's guilty, but it is certainly not helpful, to struggle with the question."

The state grand jury investigation that led to Sandusky's arrest followed a trail that goes back at least 13 years, leading to questions from some quarters about whether law enforcement moved too slowly.

The grand jury report detailed a 1998 investigation by Penn State police, begun after an 11-year-old boy's mother complained that Sandusky had showered with her son in the football facilities. Then-District Attorney Ray Gricar declined to file charges.

Another apparent missed opportunity came in the 2002 incident that McQueary reported to Paterno.

The case took on new urgency about two years ago, when a woman complained to officials at her local school district that Sandusky had sexually assaulted her son. School district officials banned him from school grounds and contacted police, leading to an investigation by state police, the attorney general's office and the grand jury.

Gov. Tom Corbett took the case on a referral from the Centre County district attorney in early 2009 while he was serving as attorney general.

He bristled Tuesday when asked whether it was fair for people to criticize the pace of the probe.

"People that are saying that are ill-informed as to how investigations are conducted, how witnesses are developed, how backup information, corroborative information is developed, and they really don't know what they're talking about," he told reporters.

The attorney general's office declined to comment on the pace of the investigation.

The Patriot-News of Harrisburg reported Monday that only one trooper was assigned to the case after the state took it over in 2009. After Corbett became governor early this year and his former investigations supervisor in the attorney general's office, Frank Noonan, became state police commissioner, seven more investigators were put on it, the newspaper said.

Noonan's spokeswoman, Maria Finn, said Tuesday that manpower was increased in the case this year, but she could not confirm the numbers reported by the newspaper.

"The investigation, at the time, was gaining momentum," Finn said. "There were more leads, there were more things to do at that point. It's not that the state police weren't doing anything and Noonan comes in and changes things."

With the case now drawing global media attention and potential civil litigants watching from the sidelines, Sandusky went on the offensive in the NBC interview.

"I would knock my client over the head with a two-by-four before I would let them do it, but it cuts both ways," said criminal defense lawyer Mark Geragos, who represented O.J. Simpson and other celebrity defendants. "If prosecutors use it, it can end up being testimony without cross examination."

He called the Penn State matter an unusual case that may call for unusual tactics, given the "instantaneous uproar to convict the guy."

Penn State's trustees have hired the public relations firm Ketchum, which through corporate communications director Jackie Burton said only that "the details of all our client assignments are confidential."

Paterno, who authorities say fulfilled his legal responsibilities and is not considered an investigative target, has hired Washington lawyer Wick Sollers. Sollers told the AP on Tuesday he was "not in a position to comment just yet."

Also Tuesday, lawyers for Schultz and Curley issued a statement in which they said it was "a travesty" that prosecutors sought to delay their clients' preliminary hearing until next month.

"Mr. Curley and Mr. Schultz are anxious to face their accusers, clear their good names and go on with their lives," said attorneys Caroline Roberto and Tom Farrell.

The attorney general's office declined to comment.

The State Employees' Retirement System released records Tuesday showing Paterno's long service at the university theoretically puts him in line for a pension of more than $500,000 a year, according to an Associated Press analysis. The formula used to determine benefits makes him eligible for a pension equal to 100 percent or 110 percent of the average of his three highest-salary years, although there are other factors that will influence his final amount, including how much he withdraws in a lump sum, legal limits to benefits and whether he designates a survivor to receive benefits after he dies.

The New York Times reported Tuesday night that Paterno transferred full ownership of his house to his wife, Sue, for $1 in July. The couple had previously held joint ownership of the house. Paterno's attorney Wick Sollers told the paper in an e-mail that the transfer had nothing to do with the scandal but was part of an ongoing "multiyear estate planning program."

Momentum appears to be building among state lawmakers for a legislative response to the legal issues raised by the investigation. State Rep. Eugene DePasquale, D-York, called on Corbett to appoint a special investigator to look for answers that fall outside the criminal investigation. Rep. Jake Wheatley, D-Allegheny, said legislative leaders should appoint a joint House-Senate committee with subpoena power to review state law that addresses mandatory reporting of suspected child abuse.

Sandusky's next court date is Dec. 7, when he is due for a preliminary hearing in which a judge would determine if there's enough evidence for prosecutors to move forward with the case.

[Tim2710]

The email in which McQueary wrote that he did contact the police originally further weakens his credibility given that the police deny that he contacted them.

His credibility is already suspect given that Paterno and the 2 administrators agree that McQueary did not tell them that it was anal sex, just horseplay.

Also, McQueary continued to appear with Sandusky at charity events after the shower incident. If he was so disgusted by Sandusky, why would he continue to associate with him?

The Grand Jury report is too incomplete to draw firm conclusions. The Grand Jury transcript may contain key details.

The defense has not even had a shot yet to refute any of the charges.

It is interesting that Sandusky's lawyer claimed that the boy McQueary saw in the showers with Sandusky is willing to testify that it was just horsing around.

[lin1945-2009]

Mike McQueary is fighting for his life . . . his career . . . his reputation . . . his livelihood . . . but it is too little too late. He should have been pro-active on March 1, 2002. After that, letting a rape continue, made him a coward. Listening to his father, John McQueary, was stupid. MMcQ was an adult. He was old enough and educated enough to make the right decision for the good of the young boy. MMcQ didn't do that. He and papa decided MMcQ's future as a coach was at stake and took the low road . . . shame on them. Then for more than 9 years MMcQ went about business . . . to support the pedophile Sandusky's charity by attending with Sandusky three weeks later and again a few months later. Guess it didn't bother MMcQ that he watch Sandusky R A P E a 10-year old boy. It didn't bother John McQueary, Paterno and on up the ladder to the president of Penn State. There is no going back, Mike. You will be accused of perjury if you change your testimony before the grand jury. You could be charged like some of the others. You should have asked your mother what was the right thing to do. For now Mike McQ should stop talking. The real time for talking was on March 1, 2002. Now it is too little too late. Sorry, Mikey, you blew it! Big time!

[Catintheshoe]

I moved from Pa several years ago. The attitude and stupidity you are seeing in this Penn State debaucle was rampant in State and local government and business. The moral decline in the state was bad then and appears to have gotten worse. I was glad to see Ed Rendell go as Gov,but it appears that this Gov,who had knowledge of the Penn State mess was part of the problem when he was AG.Not a big surprise!
A blue state in more ways than one, dropped my Democratic party affiliation and now my Penn State proud. Advice to my family and friends left behind. Think about looking at some new colors.

[luvbrews]

Family and friends are great in PA, but, I also left PA because of the moral decline in the State and local government. It is common place to get "pay-offs" to lean a certain way or turn a blind eye. Now someone did say this can happen in any State. However, since I have moved greater than 15 years ago, and I live in a small community, I doesn't happen to the extent it does in PA. No. The feds need to look into every County in PA for corruption. In my case an attorney should have been AT LEAST sanctioned----but nothing happened all the way up the ladder. I have researched info that in other States he would have lost his license. Not in PA. I am an adult, but the victims in the Sandusky case were CHILDREN!!! for heavens sake. Look how low they have sunk. But this is what happens when you first let adult cases go---it moves onto children.

[Jolie_A]

McQueary is full of it, I think. No where in the grand jury summary report does it state that he called the police. I would think he would have certainly included that in his testimony, if it were true. Again, instead of being an honest, courageous man, McQueary does not address the public directly with these assertions that he contacted the police but sends it to a friend to "do with it what you want" for leaking to the press. What a coward. Own it McQueary. Either you didn't do enough or you called the police. Have the cajones to speak for yourself and provide proof you called the police--name the officer you spoke with and the time/date you spoke to him. Ask them to confirm that you reported the abuse. What McQueary is inferring by his email is that the police were told by him that Sandusky anally raped a 10-year-old boy and they did nothing about it. I would think the media should be reading the full grand jury testimony by McQueary in the actual transcript of the full proceedings and asking the police department if there is a record of McQueary reporting the crime to the police, instead of only reporting McQueary's say-so second hand. Is McQueary referring to Penn State University police or the actual, independent police department?

[Sagae444]

And if he stopped a rape, wouldn't he have taken the victim to seek medical attention???? McQueary's story is the most bizarre thing about the scandal and the credulity of the news media in repeating it is surprising.

[Nettielee1]

Penn State is immune from state disclosure laws. That is why the investigation needs to go beyond the state. A serious investigative reporter needs to get on this story. These issues will not be resolved internally, nor will they be able to address it at the state level. The cover up is wide and deep.

[Lindag10]

This reeks of a massive cover-up by the powers that were in charge at Penn State. They didn't want any "nasty scandal" to affect their reputation. I tend to believe McQuerry as he was at the bottom of the ladder and Joe-Pa and the top administrators at the university squashed this in the hope it would never come out. Sad.

[luvbrews]

I agree with you! And not only cover-up from penn State, but apparently the judicial system. I always thought PA had a GOOD OLE BOY system in its Judicial system---but this beats all. The DA dropped the ball or was paid off in 1998 and now McQueary states he spoke with police in 2002 and again NOTHING happened. Oh and lets not forget the Judge who has left him out without even an ankle monitor---and he lives next to a school--what kind of dingbat is that Judge. She needs to step down. Just goes to show, if you have power or money in PA you can pay off anybody for anything.

[JavMD]

i would go on to say if you have power and money in any State, ...it works for u

[Jhihmoac]

"I said something! I saw something!" Yeah right, delayed reaction...

[karek40]

Went to his boss and the police, what more is he supposed to do?

[Samlv]

So, Joe Pa is completely exonerated by this information. He was told the day AFTER that there was a crime and a police report. He passed that up the line.

I hope Joe Pa is reinstated now, and his name goes back on the Big 10 trophy.

[thechooch1]

Samlv did you read the short article? Where does it say Paterno reported the sodomy to police? Paterno isn't "exonerated" because he didn't report it to police and Sandusky still had access to both children and Penn State facilities.

[brownie211966]

I DOESN'T SAY THAT. IT SAYS THAT McQUEARY NOW IS SAYING THAT HE ENGAGED TO STOP IT AND MADE SURE THAT IT WAS STOPPED BEFORE HE LEFT THE LOCKER ROOM. AND WENT TO THE POLICE. DID HE LEAVE AFTER SANDUSKY AND THE KID DID OR BEFORE. WHY LEAVE THE CHILD THERE WITH THE GUY THAT SEXUALLY ABUSING HIM.DUH!!!!

[Jenna1955]

I'm confused! First it was all over the media that McQuery witnessed Sandusky raping a child in the shower and did nothing but tell his Dad. He and his Dad went to Joe Paterno who notified university superiors. Now he's saying that he stopped the assualt and notified police??? Will we ever know the truth???

[DarkMarcsun]

Hypothetically let's say he walked in and stopped them like he claims and told police, and let's say the police did nothing
or covered it up.

Unless the DA was ready to make arrests it's possible that part of that testimony was sealed or redacted so let's say they let him go home but then former police start contacting him "you tell what you know you're a dead man" etc.

So now he goes into witness protection because the cops in college station are just as dirty. Not saying it's true just saying it's a possible explanation that fits everything he's said so far and would also explain why PSU can't and won't fire him.

[DarkMarcsun]

State College not college station. My bad.

[KTSP10]

Yes, it would speak to those "complexities" PSU didn't want to get into, when asked about McQ's status at the University.