joining me now is former district attorney of lawrence county, pennsylvania, matthew mangino. mr. good to have you with us tonight. >> thanks for having me. >> when the now assistant football coach mcqueary witnessed this, he was 28 years old at the time. and in cases of rape or activity such as this, is it legally acceptable to witness and not report it directly to police? >> well, there's really no legal obligation for just the average citizen to report a crime that they may have witnessed. in this particular situation because he worked for a university he had an obligation to report it and he followed what his obligation would have been, which would have been to report it to his immediate supervisor, who was joe paterno. >> so he would be under no legal obligation whatsoever to report that he witnessed something that was clearly against the wall -- against the law? >> his legal obligation under the mandated reporter law in pennsylvania would have been to report that abuse that he observed in the workplace to his immediate supervisor, which is what he did. now, that's his legal

. >>> now let's bring in matthew mangino, former district attorney of lawrence county, pennsylvania.. mangino, the change of the judge -- in changing judges, the statement from the court system pointed out that the new judge has absolutely no connections with the school, the charity, or any of its representatives. what's your reaction to this move today? >> well, i think it's a wise move, ed. it appears that the center county courts had asked that an outside magistrate be appointed. center county has 150,000 people.vÑçóo[]% there are six magistrate judges and four trial judges there. it would be difficult to find somebody who's not an alum, not a donor, not a season ticket holder, not a volunteer or lecturer at penn state. going outside of the county was the prudent thing to do. >> i want to ask you about an e-mail that surfaced in which penn state assistant coach mike mcquery said he did have discussions@m%q!uájtp!out the incident back in 2002, but today state college police chief tom king told nbc news, "absolutely not. we don't have any records of him coming to us." what do you ma