that was tim curley.y of course is facing perjury charges here for possibly lying to the grand jury about what mcqueary told him. paterno in this statement saying he informed curren dee well what mcqueary told him, but he didn't go to police either. we are hearing in detail about what paterno knew at the time and that is centering around the hearing and what did penn state officials know? two of them, curley as well as gary schultz. testimony here and riveting and graphic detail and 0 disturbing. >> due to the fact that a lot of people are sending out the tweet that according to what's being read in court, paterno said he knew sandusky had done something inappropriate with the child. is that a part of what we heard today? >> i think what's being read is paterno said he was made aware that mcqueary had said he had witnessed something inappropriate. he told mcqueary he would tell the appropriate people and the right people i believe is what was read in court. according to the deposition and he indeed told t

former penn state athletic director tim curley and former university vice president gary schultz are also at that hearing. they are facing one charge each of failure to report child abuse and perjury. nbc's michelle fran zen joins me now from harrisburg, pennsylvania, michelle, explain the testimony. we want to warn everybody, this is very difficult to hear, but explain what we were hearing from mike mcqueary this morning. >> well, it is, thomas, very graphic testimony, as you mentioned, from assistant football coach mike mcqueary, who back in 2002, was a graduate assistant at penn state. and what he told the grand jury in testimony, he was telling prosecutors today in detail about what he saw and what he said he heard on that day, accusing sandusky of molesting a boy in a penn state locker room, going into detail about how he had heard noises in the locker room and how he had looked in a mirror and saw sandusky with a boy he is under cross-examination right now from schultz and curley's lawyers. of course, the crux of this care the key witness, mcqueer ray a lot of his testimony, pe

paterno said he would pass his concerns to the right people and testified he contacted curley. it. >> that was michelle franzen reporting. in other news tonight, there will be no government shutdown at midnight, but congress has not resolved the big issue of extending payroll tax cuts. the last-minute vote approved a budget running through next september. it hikes the pentagon budget 1%, increases health research also by 1%. but there will be a 5% cut to homeland security programs. both parties want to keep the payroll tax cut gozing, but republicans are tying it to approval of a pipeline from canada which some environmentalists oppose. president obama says if the pipeline is included in the payroll tax bill, he will veto it. >>> the 718 prisoners living on california's death row got another legal reprieve today. a judge threw out the state's new lethal injection protocols that were six years in the making. there's been a moratorium on executions in the state since the three drug injection system used here was ruled potentially cruel and unusual punishment. the judge, consideri

tim curley and gary schultz are arrived at court this morning in harrisburg, facing perjury charges connected to the jerry sandusky de child sex abuse case. the former penn state athletic director and vice president are accused of lying to the grand jury, telling them that assistant football coach mike mcqueary did not inform them he witnessed sandusky having sex with a boy in a locker room shower in 2002. prosecutors' first witness today, mcqueary who appeared calm on the stand as he described in graphic detail what he saw and heard in the locker room that day. he said he first heard noises coming from the shower, looked in the mirror, saw sandusky behind the boy but he went on to tell the court, "i believe jersey -- i believe jerry was molesting him." his testimony is being contradicted by another grand jury witness, a family friend who said that on the night of the alleged abuse, mcqueary told him he only heard noises. the assistant coach told prosecutors he was shocked by what he saw and called his father for advice. he said his next call was to penn state head football coach jo

they called portion of curley and schultz's accounts not credible. they're now facing charges of perjury and failure to report abuse. and that's what today's hearing was about. at the end of it, the judge concluded there is enough evidence to go forward with a trial. hln's mike galanos was inside the courtroom. he joins us now. mike, what was mcqueary's demeanor like on the witness stand? >> reporter: you know, anderson, in a case like this, we've talked so much about mike mcqueary, so i watched him as he walked into that courtroom. because jerry sandusky was the same way a couple of days ago. you watch his every move. same with mcqueary, he's a big guy, about 6'4". he had this demeanor, took a deep breath, walked up to the stand. he was ready to tell his story. i thought he was very credible and very succinct in what he had to say, and very detailed, which makes him even more credible. >> and what kind of response did he get in the courtroom? >> caller: again, to harken back to a couple of days ago when we thought we were going to hear accusers talk

proceed against tim curley and gary schultz. former assistant coach mcqueary said he saw sandusky in a shower assault a young.and reported it to curley and schultz and they deny this. >> perjury cannot be just one person's word against anothers. >> the task at han today for the commonwealth was to present -- hand today for the commonwealth was to present enough evidence to show the court that the charges should be held. >> sandusky is charged with 52 counts of child sex abuse that allegedly took place over 15 years. he waived his right to a preliminary hearing tuesday. >>> a pretrial hearing in maisch mayor for the soldier accused of give -- maryland for the soldier accused of giving government secrets to wikileaks. the officer decided not to recuse himself. if convicted, manning faces up to life in prison. >>> lawmakers are desperate to start their holiday recess, but they've got some unfinished business. the house passed a massive spending bill to avert a government shutdown. now it's up to the senate to get government approva

paterno contacted athletic director tim curley. about ten days later he and school vice president gary schulz questioned mcqueary about the incident. both men are charged with lying to a grand jury about the seriousness of what mcqueary told them about the alleged sexual assault. mcqueary "no question in my mind i conveyed to them i saw jer write a boy in the showers and it was severely sexual acts and it was wrong and over the line." in a relentless 70-minute cross-examination, defense attorneys for curley and schulz tested mcqueary's memory time and time again searching for inconsistencies, repeatedly asking why he never went to the police. mcqueary responded that he went to that he thought he was talking to the police when he spoke with schulz, the supervisor of campus police. attorney tom farrell represents schulz whoup is vise it had campus police. >> he would have told the police. >> reporter: but in the end, prosecutor marc costanzo said the state made its case in large part thanks to an unflappable mcqueary. >> mike mcquear

today the judge heard curley's grand jury testimony also read back.ed whether mcqueary reported seeing an act of sodomy, curley told the grand jury, absolutely not. as for schultz, he told the grand jury he recalled mcqueary saying that sandusky may have grabbed the boy's genitals while wrestling. schultz also testified that the allegations were "not that serious." then, essentially, nothing happened. neither curley nor schultz, panerto nor mcqueary notified campus or local police or state child welfare authorities as the law required. when asked by the lawyer why he didn't notify the police, schultz said he thought he was notifying the police, because schultz oversaw the campus police. again, nothing happened. the grand jury found mcqueary a reliable witness. they called portions of curley and schultz's accounts not credible. they're now facing charges of perjury and failure to report abuse. and that's what today's hearing was about. at the end of it, the judge concluded there is enough evidence to go forward with a trial. hln's mike galanos was insi

paterno testified that he contacted curley. also testifying today mcqueary's family and police officials. in harrisburg, pennsylvania, michelle franzen, wbal-tv 11 news. >> the time is 6:10. are you shocked at the soaring cost of your electric bill? why where you live could determine how much you pay. >> and if you want a healthy lifestyle for the new year, the latest in holiday fitness gifts coming up. >> john collins has your insta-weather plus forecast after this break. after this break. stay with us. [ female announcer ] this time of year you have a lot of festive meals. and safeway helps make every holiday meal a special occasion. so you can make all of your gatherings, just as merry as can be. get a boneless beef loin ny strip roast for just $5.99 a pound. plus save on gift card multipacks. right now get 15% off of $40 itunes multipack. safeway. >> pretty nice morning this morning. of again, that is on the way out. lake-effect snows showing up on the radar. also on the radar, centered on chicago at this stage. snow shower

curley was placed on leave and schultz returned to retirement. our scott broom is in harrisburg, apartment for today's proceedings and -- pennsylvania for today's proceedings and he'll have the latest at 9news now at 5:00 p.m. >>> the court-martial began today for army private bradley manning. manning is accused of engineering the massive wikileaks release of classified documents. his court-martial is being held in fort meade, maryland. this morning the defense asked the military judge hearing the case to remove himself because military judge lieutenant almonzo also is a prosecuting attorney in the federal case against wikileaks. manning is accused of -- manning is accused of downloading classified documents on iraq and then handing them over to the website. he could face life in prison if convicted. >>> authorities on the eastern shore of virginia are investigating how five people died in a trailer. sheriffs were called to a road in the county yesterday evening for a report of an attempted suicide. when deputies arrived, they found the five bodi

gary schultz and athletic director tim curley who denied charges they lied to authorities. again tonight fair warning, this is tough material. the whole case has been that way from the start. we begin tonight with our national investigative correspondent michael isikoff from state college, pennsylvania. >> reporter: once the starting penn state quarterback, now a star witness for the government, mike mcqueary took the witness stand today and graphically described seeing a naked jerry sandusky engaged in what he called extreme sexual activity with a young boy. "the boy was up against the wall" mcqueary testified. "jerry was directly behind him in a very, very close position. i believe jerry was sexually molesting him." mcqueary slammed his locker door shut, causing sandusky and the boy to separate and look him directly in the eye. mcqueary's testimony is key for the case against two former penn state officials, athletic director tim curley and senior vice president gary schultz, both charged with lying about what mcqueary told them about the incident and failing to report it

they called portion of curley and schultz's accounts not credible.hey're now facing charges of perjury and failure to report abuse. and that's what today's hearing was about. at the end of it, the judge concluded there is enough evidence to go forward with a trial. hln's mike galanos was inside the courtroom. he joins us now. mike, what was mcqueary's demeanor like on the witness stand? >> reporter: you know, anderson, in a case like this, we've talked so much about mike mcqueary, so i watched him as he walked into that courtroom. because jerry sandusky was the same way a couple of days ago. you watch his every move. same with mcqueary, he's a big guy, about 6'4". he had this demeanor, took a deep breath, walked up to the stand. he was ready to tell his story. i thought he was very credible and very succinct in what he had to say, and very detailed, which makes him even more credible. >> and what kind of response did he get in the courtroom? >> caller: again, to harken back to a couple of days ago when we thought we were going to hear accusers talk w

they didn't believe curley and schultz. evidence that supports mcquery's version of events. it's also worth pointing out dr. dranoff, the individual whose testimony is key here, also has his own self-interest in not saying he heard that sandusky was seen doing this because then he would have had an obligation to report it as well. >> we'll get this in court under oath. thank you, michael isikoff and buzz bissinger. >>> let me finish with the deal with the devil the republicans are on the verge of striking. you know what i'm talking about. [ female announcer ] that's the all-natural sugar she puts on her grapefruit. but is she eating sugar this week? maybe she wants the all natural, zero calorie stuff. but if you're wrong, you're insinuating she's fat. save yourself. it's only natural. with less chronic low back pain. imagine living your life with less chronic osteoarthritis pain. imagine you, with less pain. cymbalta can help. cymbalta is a non-narcotic treatment that's fda-approved to manage chronic musculoskeletal pain. o

so finally, when i sat down with curley and schultz, i told them exactly what i saw. for mcqueary's conduct that we're not aware of. of course, i'm speculating about that. i have no idea. it's secret, the grand jury testimony, but we're going to get a look into that secret process today to see why the grand jury indicted for perjury. >> there's obviously a lot of talk about you know, former head coach joe paterno not doing enough as well. could we see more cases? >> paterno's involvement is interesting. he's ill now, but could have come in as a potential witness on this as well. i don't think you're going to see paterno indicted for perjury or anything like that. i have a feeling we're done with the paterno part of the case. except the fact that he ruled penn state and it's really the explanation in the end, why did these guys not act? why would they look to cover up? paterno was king. football was king. >> right. >> and it's a company town. and i think a lot of people are afraid they'd lose jobs if the football team was put out of business. that's sort of the back st

curley and schultz will face trial on perjury charges related to the sandusky scandal. the decision comes after graphic testimony from assistant coach mike mcqueary. he talked about how he saw sandusky molesting a young boy in 2002 and reported it to his superiors. prosecutors say curley and shall slide to the grand jury about what mcqueary told them. the defense argues there were not informed of the seriousness of the matter. you will see a recap of the testimony and evidence following tonight's news. ♪ >> $50 million is how much money maryland is getting to improved early learning programs. nobody knows how and where the money will be spent. tim tooten joins us with more on the story. that is good news. >> they made the pitch for the money in october along with 35 other states. it is one of nine that made the cut. the check is in the mail. the state must are spending the money by the first of the year. -- the state must start spending the money by the first of the year. >> pre-k programs like this will benefit from the early learning grant. a good deal of the money is

are those two -- are curley and schultz going to be held for trial on friday? definitely.at puzzles me is why the prosecution would put on the victims. it's a very dangerous strategy. it is unnecessary because it gives the defense attorney another shot to drive a hole through their credibility. i don't know why they're doing it. >> let me ask you about paterno. do you have confidence he got a clear account of this horror? in the first instance? >> you know, we don't know. we don't know. we know what paterno said. he said it was something of a sexual nature. it may have been fondling, it may have been horseplay. i still find it hard to believe that if mcquery is telling the truth, i believe he is, that he wouldn't have said to joe, joe, you won't believe what i saw. >> but he didn't see it according to what he told his relatives, buzz. he says, we're getting this account in the first instance he didn't tell an eyewitness account. he wasn't an eyewitness. he was sort of an eyewitness but didn't see the rape, if you will, itself. let me go to mike on this. what do we know of

what does this mean for curley and schultz? you think they are headed to trial?> i think they are. keep in mind this is a preliminary hearing. the state does not have to prove the case beyond a reasonable doubt now. they have to do that later at trial. the question is only whether there is sufficient evidence to bind them over for trial. 95% of the time in a preliminary hearing that evidence is there and i think it is here and i think it will be held over. i want to caution everyone we haven't heard their side of the story. that will cosm out at trial. >> we saw a little bit on the screen earlier why mcqueary said he did not report the alleged rape to the police. like you said earlier, if you see anything like that, you should call police immediately. sitting right next to curley, schultz, in my mind that is the police. i want to make that clear. he believed in his mind that he was already talking to police. then he said he didn't necessarily in his conversation with paterno say that there was penetration or use any type of language like that out of respect for t

they didn't believe curley and schultz.other evidence that supports mcqueary's version of events. it's also worth pointing out that dr. drainoff, the individual whose testimony is key here, also has his own self-interest in not saying that he heard that sandusky was seen doing this because then he would have had an obligation in this as well. >> thank you very much michael and buzz. >>> when we return, a faustan deal with the deal. you're watching "hardball" only on msnbc. ♪ [ male announcer ] how could switchgrass in argentina, change engineering in dubai, aluminum production in south africa, and the aerospace industry in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 75% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. [ whooping ] ♪ it was the best day ♪ it was the be

>> curley and schultz' lawyers claim they were not told about the sexual details. mcqueary's testimony may be contradicted by a family friend that says on the night the alleged abuse occurred mcqueary told them he only heard noises. he's facing criticism he did not do enough to stop the abuse. he said he was distraught and turned to his father for advice but did not go to police. instead he met with joe paterno and testified he conveyed to paterno what he saw. paterno said "he saw an older person fond ling a young person and identified the man as jerry sandusky." paterno said he told mcqueary he would pass the information to the right people and testified he contacted curley. the grand jury witness whose account may conflict with mcqueary was not called to the stand. wbal-tv 11 news. >> 9:09. 39 degrees on tv hill. the maryland zoo is here with an animal. i think i already told you. >> it's an alligator. >> it is pretty cool. pretty neat. >> make someone feel lucky this holiday season. the maryland lottery has exciting gift ideas. that's coming up. >> temperatures

tim curley, the school's long time athletic director. prosecutors in court argued boat men failed to report alleged -- both men failed to report alleged abuse to authorities and lied to a grand jury investigating jerry sandusky. >> the task that was at hand today for the commonwealth was to present enough evidence to show the court that the charges should be held. that was done in my opinion very smoothly. reporter: telling his side of the story to the public for the first time, assistant coach mike mcqueary who says he witnessed sandusky raping a boy. mcqueary testified i heard rhythmic slapping sounds, two or three slaps that sounded like skin on skin. mcqueary claims he told schultz when he saw thinking that schultz would know what to do because schultz was in charge of campus police. sandusky is charged with 52 counts for allegedly abusing boys over 15 years. he waived his preliminary hearing tuesday. >> we waive the opportunity to present our side. we couldn't do that today. reporter: mcqueary has not been charged in the case but ha

ten days later, mcqueary met with tim curley and gary schultz, who supervised campus police. i thought i was talking to the head of police frankly. i conveyed to them i saw jerry with a boy in the showers and it was severely sexual. in a 70-minute cross-examination, defense lawyers repeatedly test mcqueary's memory. they also questioned his credibility in and out of court. >> we believe that at the trial in this matter, the question will be whether mike mcqueary has the credibility to -- to overcome the perjury high level of proof that is necessary for the commonwealth. >> reporter: now thanks to mcqueary, schultz and curley are headed to trial on perjury trials. the judge ruling there was probable cause that they had lied about the seriousness of what mcqueary had told them. >> armen keteyian, thank you. appreciate it. >>> for more on the case we turn to casey jordan, a criminalologies. why now would the university or the prosecutors rather be going after these university officials instead of sandusky? >> well, of course, all eyes are on sandusky but, remember, the allegatio

the hearing for curley and vice president gary schultz. by sandusky that was investigated by penn state police and referred to a local d.a. back in 1998. the d.a. declined to prosecute. four years later is when mcqueary saw something in the showers. he told the athletic director about it and the vice president in charge of campus police. a man who was in the loop on the claim four years prior. no matter how mcqueary described it, you'd think a foghorn would have gone off, alarm bells would have sounded and an investigation launched at the time that he brought this to their attention in 2002. but that's not what happened. instead, six more years passed and it wasn't an adult who brought this to an end. it was a young man who had been victimized. he's paid a price for his courage and as "the patriot news" newspaper said this weekend, regarding victim number 1, his story gave others the strength to come forward to share their stories with authorities. together, their testimonies have built a mountain of evidence against sandusky and led to th

he told a grand jury he saw sandusky raping a boy but curley and schultz remember inappropriate conduct. >>> police are trying to figure out what caused a accident that killed a parkville high school sophomore before 3 in the afternoon on the corner of putty hill and wilson avenues. 16-year-old ryan chase was hit by two cars as he was trying to cross the street. both drivers are cooperating with police and so far no charges have been filed. >>> this morning, ryan chase's family is trying to come to grips with the loss. his cousin talked to abc 2 news and told us about the 16-year- old and abc2 news corinne redman is here with part of the story. >> reporter: well, he comes from large family with roots in east baltimore. many family members gathered at a home on elwood devastated by the news. he just turned 16 earlier this month. family members say his brother is a baltimore city police officer. they say he walked on east putty hill avenue about every day to and from school. and he would have been well aware the stretch of road could be dangerous at times. family members shared memories o

when he meets with curley, why is mike mcqueary, the eyewitness, not there?say. he's not there, why? because paterno wanted to control the flow of information. >> buzz, you're right, we have discussed that. and i have said to you that i think it's far too serious a matter to play whisper down the lane and for one individual to assume responsibility for that version of events and pass it on to somebody else. to be a contrarian, i guess i could say because mcqueary has so soft-pedalled it, that paterno didn't fully recognize what he had on his hand. i know you don't buy into that. >> i don't buy into that because i think paterno slumps into his chair, according to friday's -- what was read into the testimony on friday. he slumps in his chair. he says to mcqueary, i'm sorry you had to see that. so mcqueary must have told him something. now, he did not use the words able intercourse out of respect for the coach. but obviously paterno saw some disturbing. you get the eyewitness, you get mcqueary there and you say, look, this is what mike so and the whole tenor of

gary schultz and tim curley did not look good.n to not investigate, to not identify who this boy was, and gary schultz, he's the head of police, erin. and no investigation with him, and there are quotes from him, oh, these allegations weren't that serious. you couple that with what we heard from mike mcqueary. it's not altogether fair, because mcqueary's there in person, they're reading the testimony. but it was such a stark contrast, again, making mcqueary all that much more believable. >> thank you very much, mike galanos. let's bring in cnn legal analyst jeffrey toobin. >> it's horrible to listen to. isn't it unbelievable? >> it is horrible to listen to. >> it gives me the creeps. >> it does. but you know one thing, when this whole debate had happened, because mike mcqueary said he had saw it in the grand jury testimony, and then some of his friends told us, well, he just heard it, but this is what you needed to hear. something like this would be emblazoned on your eyes forever. and he remembers, i saw it in the mirror, i took

gary schultz and tim curley did not look good.ion to not investigate, to not identify who this boy was, and gary schultz, he's the head of police, erin. and no investigation with him, and there are quotes from him, oh, these allegations weren't that serious. you couple that with what we heard from mike mcqueary. it's not altogether fair, because mcqueary's there in person, they're reading the testimony. but it was such a stark contrast, again, making mcqueary all that much more believable. >> thank you very much, mike galanos. let's bring in cnn legal analyst jeffrey toobin. >> it's horrible to listen to. isn't it unbelievable? >> it is horrible to listen to. >> it gives me the creeps. >> it does. but you know one thing, when this whole debate had happened, because mike mcqueary said he had saw it in the grand jury testimony, and then some of his friends told us, well, he just heard it, but this is what you needed to hear. something like this would be emblazoned on your eyes forever. and he remembers, i saw it in the mirror, i too

curley and schultz lied about what mcqueary told them. mcqueary's testimony was damaging. >> did he describe something that was necessarily a sexual act? >> curley and schultz's lawyers claim they were not told about the sexual details. it may be contradicted by another witness and family friend who says on the night it occurred, mcqueary says he only heard noises. he faces criticism. he was shocked and distraught and turned to his father for advice but did not go to police. instead, he met with head football coach, joe paterno and conveyed what he saw. paterno said he identified the man as sandusky. he said he would pass the concerns with the right people and testified he contacted curley. also testifying, mcqueary's father. in harrisburg, pennsylvania, michelle franzen, news 4. >>> another round of delays on metro this weekend. on the red line, every train will end at dupont. orange line trains will share a track between east and westphals church. blue line trains between the armory and addison road. on the yellow line, trains will only