Mike McQueary says he's not 100% positive Jerry Sandusky was anally raping a young boy in a Penn State shower back in 2002 ... but he's CERTAIN Sandusky was sexually molesting the child.
McQueary -- a Penn State assistant coach -- took the stand in a preliminary hearing for 2 former PSU officials this morning, and said he became suspicious when he heard skin-on-skin slapping sounds coming from one of the showers.
McQueary says he peeked into the shower and personally saw Jerry and the boy naked in the shower together -- with Jerry grabbing the boy's waist from behind, while the boy was facing the wall.
McQueary says he peeked in the shower several times -- and by the last time, they had separated. But McQueary told the court, "I know they saw me. They looked directly in my eye, both of them."
"Seeing that they were separated, I thought it was best that I leave the locker room," he explained.
McQueary says he went to Penn State football coach Joe Paterno to report the incident the following morning -- but didn't use the words "sodomy" or "anal intercourse."
McQueary says Paterno slumped back in his chair and appeared disappointed, but told Mike he had "done the right thing."
When asked why he didn't report the incident to police, McQueary explained that he had spoken with PSU Vice President Gary Schultz and felt that was good enough because Schultz oversaw the campus police.
"I thought I was talking to the head of the police, to be frank with you," McQueary said. "In my mind it was like speaking to a [district attorney]. It was someone who police reported to and would know what to do with it."
Jerry Sandusky's Legal Move
Worst Strategy Ever
12/13/2011 10:12 AM PST BY TMZ STAFF
Some of the top criminal defense lawyers in L.A. tell TMZ ... they are "astonished" that Jerry Sandusky's lawyer waived his right to a preliminary hearing, because it would have been the only possible way the former Penn State assistant coach could've beaten the child molestation rap.
The lawyers were unanimous -- the prelim was the ONLY opportunity Sandusky's attorney had to test the veracity of the alleged victims before the trial. As one criminal defense lawyer put it, "The prelim is where the lawyer can lock down the victim's story. It's the only time Sandusky's lawyer can probe as to why such a long delay in reporting the crime."
Crimes that are not reported for years create inherent problems for prosecutors, not the least of which are fading memories and exaggerations over time. There's also a "me too" dynamic in these cases -- people riding the wave and saying they were also victims. The prelim is where the defense can mine these weaknesses.
One of the defense lawyers we spoke with scoffed at Sandusky's statement this morning ... that he will fight for four quarters: "Waiving the preliminary hearing is like laying down on the field for the first half of the game."
The lawyer said, "If Sandusky's lawyer is worried about bad publicity, it's not like it could get any worse," adding, "The decision to waive prelim is mind-numbingly stupid."
From Spilling Beans ... For Now
12/13/2011 5:51 AM PST BY TMZ STAFF
Jerry Sandusky just executed a legal maneuver that will keep 8 of his accusers from telling tales of horrific sexual abuse ... but only temporarily.
The former Penn State assistant coach waived his right to a preliminary hearing this AM in his child molestation case. The judge was supposed to hear testimony from Sandusky's accusers and then decide if there was enough evidence to justify a trial. By waiving his right to a prelim, the case will automatically be set for a full trial.
On his way into court, Sandusky said, "We fully intend to put together the best possible defense that we can do, to stay the course, to fight for 4 quarters. We want the opportunity to present our side."
Outside the courthouse, Sandusky's lawyer, Joseph Amendola, told the media, "There will be no plea negotiations. This is a fight to the death."
I Broke My Hip!
12/11/2011 9:00 AM PST BY TMZ STAFF
Joe Paterno fell and fractured his pelvis yesterday -- this according to a source close to his family.
The 84-year-old former Penn State football coach -- who's currently undergoing chemotherapy treatment for lung cancer -- was admitted to a local hospital after taking the tumble at his home, but will not need surgery.
He is expected to make a full recovery.
Jerry Sandusky's Wife
My Husband Is INNOCENT
12/8/2011 1:40 PM PST BY TMZ STAFF
Jerry Sandusky's wife is standing behind her man ... claiming he NEVER raped any boys and insists all of his accusers are making up their stories.
For the first time since the allegations went public, Dottie Sandusky has released a statement through her husband's lawyer ... claiming she never witnessed Jerry sexually abusing anyone ... and doesn't believe any of the allegations.
In her statement Dottie says she's been "shocked and dismayed by the allegations made against Jerry."
She adds, "As the mother of six children, I have been devastated by these accusations. "
"Our children, our extended family and friends know how much Jerry and I love kids and have always tried to help and care for them. We would never do anything to hurt them. I am so sad anyone would make such a terrible accusation which is absolutely untrue. We don't know why these young men have made these false accusations, but we want everyone to know they are untrue."
As we previously reported, Dottie helped bail her husband out of jail this morning after he was arrested on suspicion of sexually abusing two more young boys.
Wife Helps Post
12/8/2011 8:24 AM PST BY TMZ STAFF
Jerry Sandusky's wife helped the former Penn State coach post his $250,000 bail this morning -- one day after Jerry was arrested for allegedly raping two additional young boys ... this according to court records.
The records show Sandusky's wife forked over a $50k personal check ... in addition to Jerry using $200,000 in real estate holdings to post the bail.
The court ruled that Sandusky will be confined to his home ... and he is not allowed to have any contact with any witnesses or victims related to the child sex abuse case.
10:24 AM PST -- Sandusky has been released from custody.
Mug Shot Released
12/7/2011 2:59 PM PST BY TMZ STAFF
Jerry Sandusky's booking photo has just been released.
As we previously reported, Sandusky is currently locked up in a Pennsylvania county jail after failing to make $250,000 bail.
He was arrested today after two new accusers came forward -- claiming the former Penn State assistant coach sexually abused them as children.
Additional Sex Abuse Charges
12/7/2011 10:35 AM PST BY TMZ STAFF
Jerry Sandusky was handcuffed and removed from his Pennsylvania home earlier today ... after he was hit with 9 NEW sex abuse charges from 2 new accusers.
According to Attorney General of Pennsylvania, the 2 new accusers each say they met Sandusky through the The Second Mile -- an organization for at-risk youth that Sandusky founded.
Officials say, "As in many of the other cases identified to date, the contact with Sandusky allegedly fit a pattern of ‘grooming’ victims ... Beginning with outings to football games and gifts; they later included physical contact that escalated to sexual assaults.”
One of the new accusers, who is now identified as Victim 9, claims he met Sandusky in 2004 ... and alleges that bizarre behavior such as hugging, rubbing, cuddling and tickling escalated to sexual assaults ... some of which were performed in the swimming pool and Jacuzzi of a hotel near Penn State.
The other new accuser, identified as Victim 10, claims he was 10-years-old when Sandusky would have “wrestling” sessions in the basement of the coach's home -- which escalated to oral sex.
The Attorney General announced that Sandusky was charged with 4 new counts of involuntary deviate sexual intercourse and 2 counts of unlawful contact with a minor, all felonies which are each punishable by up to 20 years in prison and $25,000 fines.
Sandusky was also charged with 1 count of indecent assault and 2 counts of endangering the welfare of children, all third-degree felonies which are each punishable by up to seven years in prison and $15,000 fines.
1:20 PM PT: Sandusky has been transferred to a Pennsylvania county jail after failing to make bail.
12:12 PM PT: Bail has been set at $250,000.
8 Alleged Victims to Testify
... According to Report
12/6/2011 8:49 AM PST BY TMZ STAFF
All 8 alleged victims mentioned in the explosive Jerry Sandusky grand jury report will testify against the former Penn State defensive coach at a preliminary hearing next week ... this according to ABC News.
Sandusky's lawyer had previously stated that his legal team had contacted the person who was allegedly raped in the Penn State locker room ... and that person insisted nothing ever happened.
But according to ABC, that person -- and all of the rest -- will say they WERE abused when they take the stand.
The prelim is set to begin on Dec. 13. Jerry is currently facing 40 counts of child sex abuse.
Paterno Never Questioned Me
About Child Abuse
12/3/2011 5:30 AM PST BY TMZ STAFF
Accused child molester Jerry Sandusky claims Joe Paterno never once confronted him about Sandusky's alleged rape of a 10-year-old boy in 2002 inside a Penn State locker room, despite having knowledge of the incident.
In an interview with the New York Times, Sandusky claims the former head coach also never spoke to him about a similar molestation complaint in 1998, investigated by the Penn State campus police. Sandusky said, “I never talked to him about either one. That’s all I can say. I mean, I don’t know.”
Paterno was fired last month, after failing to report the incidents to police.
During the interview, Sandusky insisted he never sexually abused any child, claiming prosecutors have "taken everything that I ever did for any young person and twisted it to say that my motives were sexual or whatever."
Sandusky has been charged with 40 counts of molesting eight boys over 15 years and is currently free on $100,000 bail.
New Accuser in Sex Scandal
Reveals Horrifying Allegations
11/30/2011 8:15 AM PST BY TMZ STAFF
More disturbing allegations in the Jerry Sandusky scandal -- now, a 30-year-old man has filed a lawsuit against the former Penn St. coach for sexually abusing him more than 100 times when he was a kid.
The accuser -- who is only being identified as 'John Doe' -- is NOT one of the 8 victims listed in the grand jury report that rocked Penn State -- but his story seems to fall in line with the rest of the allegations.
According to John Doe's lawyers, the alleged victim claims he met Sandusky through the Second Mile charity when he was 10-years-old ... and was abused by the coach more than 100 times between 1992 and 1996.
Doe claims the abuse occurred in multiple locations -- including the Penn State locker room, the Sandusky home, and also during a road trip to a bowl game.
8:30 AM PST -- The accuser has released a statement about the suit ... saying, "I don’t want other kids to be hurt and abused by Jerry Sandusky or anybody like Penn State to allow people like him to do it—rape kids!"
He adds, "I never told anybody what he did to me over 100 times at all kinds of places until the newspapers reported that he had abused other kids and the people at Penn State and Second Mile didn’t do the things they should have to protect me and the other kids."
John Doe says he hopes his lawsuit will encourage other victims to come forward and "get help and help protect others in the future."
Linebacker Video KILLED
Over Sandusky Appearance
11/19/2011 5:30 AM PST BY TMZ STAFF
A Joe Paterno approved instructional football video has gotten the death sentence from distributors over a segment involving Jerry Sandusky interacting with young boys ... one of whom may have been among the alleged victims.
The video -- titled, "Joe Paterno: Linebackers" -- was released in the late '90s and features Sandusky running a hands on tackling drill with a group of young boys. A screen shot from the video appears above.
According to the infamous grand jury report in the Sandusky case, the person identified as Victim #4 participated in "a video made about linebackers that featured Sandusky."
The name of the video is not mentioned in the testimony, but we can't seem to find any other instructional video about linebackers that features Sandusky.
Now, TMW Media Group has pulled the video off of its website -- and a rep tells us the company will no longer offer the video for sale strictly because of Sandusky's involvement.
Diagnosed with Lung Cancer
11/18/2011 1:22 PM PST BY TMZ STAFF
Joe Paterno has been diagnosed with a treatable form of lung cancer ... this according to his son Scott.
Scott just released the following statement: "Last weekend my father was diagnosed with a treatable form of lung cancer during a follow-up visit for a bronchial illness. He is currently undergoing treatment and his doctors are optimistic that he will make a full recovery."
Scott added, "As everyone can appreciate, this is a deeply personal matter for my parents, and we simply ask that his privacy be respected as he proceeds with treatment."