sarah, let's just start with mike mcqueary in that graphic. horrible, horrible testimony. was he a credible witness? >> reporter: very interesting, john. he was an interesting witness because he came across as having -- very assured of himself, even when it didn't bode so well for him. he was very, very confident in saying that he definitely thought it was a crime. very confident in saying that, yes, he left that locker room with that boy standing naked alone in a shower with jerry sandusky and he didn't hesitate really for any of the answers. there were times on the stand where he sat there and stared at the defendant and they looked away, which is usually the opposite in court. usually the defendants stare at the witnesses who can't make eye contact. it was a very interesting dynamic in the courtroom. i do think he came across as incredibly believable because he was so seemingly honest about things that don't necessarily make him look so great. but it was very interesting to see him up on the stand so confident, leaning forward, very self-assured, and you have to kind of

well, the fate of schultz and curley may hinge on the day's star witness, mike mcqueary. e red hair. he testified about alleged abuses that he saw -- that is the operative word -- back in march of 2002. hln's mike galanos was in the court. and mike, mcqueary went into some graphic detail, and i know the whole debate coming into this had been, did he see it, did he just hear it? what really happened? what did he say today? how strong was his testimony? >> reporter: i thought it was very strong, erin. i thought he was very credible. he walked in with a demeanor, like, this is my day to tell the story. and we got that extra detail that, number one, that there were three different looks. and also, the sounds. first off, it was the sounds, the rhythmic slapping. he thought a sexual sound. he was embarrassed right out of the gate. then he walks to his locker and catches a glimpse out of a mirror, and through that reflection he says he saw jerry sandusky with this young boy, and he believes he's molesting the young boy. can't believe it. takes a beat, and then takes another look

well, the fate of schultz and curley may hinge on the day's star witness, mike mcqueary. the red hair. he testified about alleged abuses that he saw -- that is the operative word -- back in march of 2002. hln's mike galanos was in the court. and mike, mcqueary went into some graphic detail, and i know the whole debate coming into this had been, did he see it, did he just hear it? what really happened? what did he say today? how strong was his testimony? >> reporter: i thought it was very strong, erin. i thought he was very credible. he walked in with a demeanor, like, this is my day to tell the story. and we got that extra detail that, number one, that there were three different looks. and also, the sounds. first off, it was the sounds, the rhythmic slapping. he thought a sexual sound. he was embarrassed right out of the gate. then he walks to his locker and catches a glimpse out of a mirror, and through that reflection he says he saw jerry sandusky with this young boy, and he believes he's molesting the young boy. can't believe it. takes a beat, and then takes another loo

there are at least three, if not more, versions of mike mcqueary's story that are floating around outthere a chance that the defense could go after mcqueary in that hearing today? >> oh, i think you'll see the defense very aggressively going after mcqueary. the xweshgs how aggressive will the judge allow them to be? >> right. >> but bear in mind, everything depends on mcqueary's statement that he told them certain things. the most damaging being that he actually witnessed the child being raped in the shower. now, if he told that to them or one of them, and they didn't report it, they're going to be guilty, or at least one would be guilty of perjury. now, if mcqueary told other versions to other people it will undermine his believability or credibility. but here's the ultimate question -- we don't know what's going on in the background here. does the prosecutor have more evidence? we don't know everything that mcqueary told the grand jury. i'll give you an example. suppose mcqueary said to the grand jury, yes, i told different things to different people, because i was humiliated by the

it is basically mike mcqueary versus them. and the version of the story that has been told now by this doctor, this witness, seems to be more in line with gary schultz and tim curley, than it does with mike mcqueary and that case hinges completely on the fact that the grand jury found mike mcqueary to be more credible than tim curley and gary schultz. >> sarah ganim, thank you for that account. appreciate that. all of this taking place while we're also learning about former penn state head football coach joe paterno. and that he may be back in the hospital. a source close to the family says paterno slipped and fell at his home last night and has a fractured pelvis. paterno lost his job after sandusky was charged with child sex abuse. and during this week, when the preliminary hearing is scheduled now, our susan candiotti had a candid conversation with the attorney representing one of the accusers. >> wearing his court ordered ankle bracelet, jerry sandusky will leave his home tuesday to face his accusers for the first time. a

and mike mcqueary said he only heard things.e of the details of his story are different than some of the details he provided to that grand jury, and to police, in his written statement. so we'll have to see what happens friday. but i'm not sure that that's as big of a deal tomorrow when there is ten different cases against jerry sandusky, ten different alleged victims, and that's only one of them. >> all right, thank you very much. we'll be talking with you tomorrow. >>> now a story out of broward county, florida. dramatic footage of a bitter divorce and custody battle gone wrong. it all began when 39-year-old salvatore tried to pick up his son for visitation. he was shot twice by his 66-year-old mother-in-law, cheryl kepner. ten boys so far have formally accused sandusky of sexually abusing them while they were participating in his charity, the second mile. sandusky denies the allegations. he is currently free on $250,000 cash bail. in state college, sarah, good to see you again. who's expected to testify tomorrow? >> we know t

assistant mike mcqueary told the court he told penn state officials about the abuse.y hostin on the case, this was a preliminary hearing for two former penn state officials accused of covering up this alleged rape. had the news this judge in harrisburg now ruling these men will go to trial. what role did mcqueary's testimony play today, do you think? >> well, he was certainly the star witness today. he was unflappable, unflinching, unequivocal. he certainly stuck to what we thought he was going to say, brooke, in front of the grand jury, he indicated that he saw jerry sandusky in a bathroom, with a boy who appeared to be 10 years old and he believed he saw some sort of sexual active you the. he explained that he did not necessarily see intercourse, but he felt that he saw something that went over the line, sexual in nature and reported exactly what he saw, not only to gary schultz, tim curley, but to his father, who testified today by the way, and supported his son and supported what his son had told him. i think all in all, mcqueer riff the star witness today. >> tod

michelle, assistant coach mike mcqueary has been on the stand.eading some of the testimony. it's, frankly, hard to even read. >>> it is. it is graphic testimony. and it details what mike mcqueary says he saw and heard back in 2002 in that locker room. the penn state locker room shower room. what he has been telling the court the last hour is what he had told the grand jury in that report that was released in early november. he told prosecutors today that he heard noises coming from that shower room and looked in a mirror and saw jerry sandusky with a boy in that shower back in 2002. and he says he believed that -- he believes that he saw jerry sandusky molesting that boy. of course, there is other testimony about mike mcqueary, the then-graduate assistant, now assistant football coach, family friend, who said that he had spoken to the grand jury, said that he had testified and told him on the night of the alleged abuse, mcqueary said that he had only heard noises. so, that coming out. mcqueer rib, of course, is at the crux of this case here again

the lurid testimony came from monystant coach mike mcqueary at rohearing in a packed pennsylvania courtroom. anr investigative correspondent armen keteyian has the story. >> reporter: in a clear, commanding voice, mcqueary said he entered a small football facility locker room on a friday night in march, 2002, to hear rhythmic slapping sounds coming eaom a nearby shower. glancing in a bathroom mirror near his locker he told a packed court he saw jerry standing behind a boy he believed to be ten to 12 years old. turning to get a better look, mcqueary testified seeing jerry molesting the boy, having some kind of intercourse with him. at that point mcqueary said he slammed his locker shut to announce his presence and stepped within six feet of the shower. he continued that the two were four to five feet apart. they turned so their bodies were totally looking at me. they looked directly at my eyes. mcqueary said he left without a word, believing he had stopped the incident. the next morning, on the advice of his father, he went to see the school's head coach joe paterno. "i told him i saw jerry

assistant coach mike mcqueary is the star witness. d curley and schultz that he-seen sandusky raping a boy in the showers and mcqueary testified there is no question in his mind that he fully described what he saw. prosecutors say sandusky sexually abused ten young boys. sandusky has pleaded not guilty to more than 50 charges. >>> back from the brink of a government shutdown. democrats and republicans have now reached a deal to keep the federal government running until after midnight tonight. lawmakers are expected to vote on this plan today. negotiators are still trying to agree on extending the payroll tax cut. if they don't do that, your taxes will go up by an average of $1,000. >>> feds have filed security fraud charges against six executives of freddie mac and fannie mae, accused of misrepresenting their holdings of high-risk mortgage loans. s s.e.c. wants them to pay financial penalties. fannie mae and freddie mac got the biggest bailout during the financial crisis. >>> it was a startling discovery at moscow's main airport today.

davon, he told the drewy that mike mcqueary didn't see sexual activity and asked him three different times and we were all waiting to see mcqueary take the stand today and tell his story under oath to hear with what his story s. it's unclear what heel to the grand juriy and what did he tell his father and what did he tell the third person at the meeting that day. >> all right, paul wagner tonight. >>> and bernie fine won't be prosecuted but the former syracuse coach's ordeal is not over yet. two men who accused him are suing the school and they fired glory -- they have hired gloria allred to represent them. they said fine molested them for years when they were children. he was fired and denied the accusations. the u.s. attorney's office is investigating that. >>> another holiday season in washington, another deadline looming on capitol hill. tonight, once again, the clock is ticking, and there is a payroll tax cut. and republicans are pushing forward with . democrats promising to block it. tom fitzgerald is following this. tom, they both want to extend the tax cut. what is the problem

mike mcqueary. ago walked into the showers in the football building and saw something. we've seen three, by my count, maybe four different versions now of what we saw. there's a family friend, a doctor who was at the house. his father's house right after he saw whatever he saw who says he saw something a little different than what he colded grand jury. the grand jury summary says. how important is that? the pro administrators? >> the mcqueary testimony is really critical in that case. you can schultz and curley, administrators, and the claim against them, that they committed perjury when they testified before the grand jury. the grand jury believed that mcqueary's version was accurate and theirs was not. now we have mcqueary saying one thing in a written statement that he gave in 2010, i think. >> right. >> i'm sorry. 2008. mixing my years up. but about six years post-incident. in that statement he says he actually witnessed a sodomy incident in the shower. earlier in time, someone who was at his ho

>> 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. you know, because jerry sandusky was the same way a couple of days ago. you watch their every move. same with mcqueary. he's a big guy. he's about 6'4". and he had this demeanor. he took this 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? >> reporter: you know, again, to harken back to a couple of days ago when we thought we were going to hear accusers talk with jerry sandusky in the room, it was not as intense, but it became so when he began to talk, anderson, and we knew as we were sitting in this courtroom we're going to get detail, more detail of what he saw allegedly in 2002, and everybody had the laptops out and it was this rat-a-tat-tat of everybody really just transcribing husband every word. it became more intense as the mor

. >>> former penn state assistant coach-turned-star witness mike mcqueary took the stand today in the case against jerry sandusky. he told the court there is no question he saw sandusky abusing a young boy. manuel gallegus has the latest from the pennsylvania courthouse. >> reporter: mike mcqueary arrived at the courthouse to deliver damning testimony in the penn state sex scandal. the assistant coach told the court he saw jerry sandusky in what he called severely sexual acts in a campus shower. mcqueary said the boy was up against the wall facing the wall. his hands shoulder height on the wall and jerry was directly behind him in a very, very, very close position. jerry's hands wrapped around his waist or midsection. mcqueary testified that he didn't realize at first what he was seeing that it did feel shocking but he didn't stop it. the next day mike mcqueary says he told head coach joe paterno about the incident and made it clear what he saw was extremely sexual but he did not use the term sodomy or intercourse. he says out of respect for the coach. paterno slumped back in his chai

blackberry® torch moves at the speed of 4g. ♪ >>> breaking news right now, new video into msnbc of mike mcquearyurt in harrisburg, pennsylvania. he gave graphic testimony about what he claims he saw in the showers between jerry sandusky and a young boy in 2002. mcqueary says it appears to have been a sexual act, basically sandusky raping a boy in those showers. he testified that the boy looked to be 10 to 12 years old. he also testified to the fact that both the boy and sandusky looked him in the eye. >>> you were running in massachusetts, took liberal positions, running now in position, you take more conservative positionsome that principle or is it just politics? >> well, i begin by taking exception with your list there i did change -- >> which one? >> gay rights. i am firmly in support of people not being discriminated against because of their sexual orientation. at the same time, i oppose same-sex marriage that has been my position at the beginning. >> social issues took center stage the in the debate but not the first time lgbt equality was infused into the conversation. remember this? >> i

. >> reporter: penn state assistant football coach, mike nothing mcqueary -- mike mcqueary left the courthouse giving damaging testimony against sandusky and two college officials. he testified that he saw sandusky, having what he believed to be sexual intercourse with a 10-year-old boy in the shower in 2002. he said he heard quote rhythmic slapping sounds and that he shockingly and surprisingly saw jerry in the shower with the boy. that jerry was behind the boy, in a very, very close position, holding the boy's waist, the boy's hands, up against the shower wall. mcqueary said he didn't try to stop it or call police because sandusky and the boy separated before he left the locker room. he testified he didn't say anything to sandusky, who looked back at him with a blank stare. >> reporter: mcqueary said he immediately called his father. the next morning, he met with coach joe paterno and told him exactly what he saw, without using graphic language, out of respect. >> reporter: days later, mcqueary testified he made it clear to penn state athletic director tim cleary and vice president schulz, t

has made. >> mike mcqueary claims he saw sandusky rape a boy in the penn state showers but accordinged over time. more now on the back and forth between the u.s. and iran over the downed spy plane, what it could mean for security here at home. ahmadinejad says the drone now belongs to iran. >>. >> translator: the north americans at best have decided to give us this spy plane. currently we have control of this plane. those who have been in control of this plane surely will analyze the plane system, furthermore, the systems of iran are so advanced also, like the systems of this plane and unpiloted planes we have made many advances and now we have this spy plane. >> i want to bring in our national security contributor fran townsend. the european union has already dropped the group from the list. i want to talk about this drone. what do we know about it? what kind of drone is it and what can the iranians learn from this? >> u.s. officials identified it as a stealth reconnaissance drone run from the afghan side of the border to support nato and u.s. troops in afghanistan. if this is the u

why didn't mike mcqueary do more? he said he slammed shut his locker loudly, hoping to stop the attack, but did not confront sandusky, remove the child he saw assaulted or go to place. >> mcqueary should have done something. it's sickening that he didn't. >> reporter: in fact, defense attorneys will point out that even after seeing that terrible attack, mcqueary continues to coach with sandusky for years, play golf tournaments with him for the second mile charity that sandusky ran and even shake sandusky's hand. so, there's a lot of questions still to be answered. >> a lot of people at home going to be asking that question of themselves. thank you so much, jim. >>> and now we turn to politics, your voice, your vote. at last night's republican debate, one candidate, texas governor rick perry, came out swinging at congress, calling on them to take a big pay cut. but today, we learned something interesting about perry's paycheck. abc's jake tapper explains. >> reporter: governor rick perry is trying ining to blaze a pat m

mike mcqueary had testified to the grand jury that he saw jerry sandusky sexually assaulting a young boy in a penn state locker room shower. that is video of joe pat were owe, former penn state head coach. now, according to the testimony of mike mcqueary, he saw him sexually salting that boy any locker room shower. however, accord tying report any local pennsylvania newspaper, he told the story differently right after it happened. the patriot news says mcclear question told his father and a family friend that he heard sex sounds and he saw a young boy peek his head out of the shower as an adult arm reached around and grabbed the boy out of view. he said he saw sandusky leave nation towel. it was at that point according to the patriot news that mcqueary was urged to tell coach joe pat were owe. he did lose his job after being blamed for not doing enough after learning about the potential abuse. paterno has had other health problems. he broke his pelvis on saturday. a family friend says he will not recover without surgy. he is also undergoing chemo and radiation for lung cancer. >> tha

clear commanding voice peppered with lurid detail mike mcqueary never wavered. >> mike mcqueary told you in open court what he said how specific he was who he told it to and what he believed was going to happen. >> reporter: it was march 2002 when mcqueary witnessed jerry sandusky with a boy in the locker room shower. the boy was up against the wall. jerry was directly behind in a very close position. jerry was sexually molesting him having some kind of sexual with him. he said he slammed his locker shut. they both turned their bodies totally looking at at me. they were four to fight feet away. i know they saw me. they looked directly in my eye. mcqueary said he told head coach joe paterno the next morning he had witnessed, quote, a sexual act between sandusky and the boy. 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.

but it is the graphic and disturbing testimony from assistant coach mike mcqueary that burned into the minds of everyone that heard it. he took the stand to describe the incident that he said he saw former penn state coach jerry sandusky sexually assaulting a young boy in the team's locker room. mcqueary said he saw sandusky standing behind the child with his hands around the child's waist. the boy according to mcqueary appeared to be 10 or 12 years old and not 100% sure if it was intercourse, but the way they were positioned was very sexual in nature. mcqueary said he reported what he saw without giving details, but he did not go to police. a written statement is expected to be read in the courtroom later this afternoon. michelle franzen joins me from harrisburg, pennsylvania. we know in the past, he sent a note to his friends in an e-mail saying he tried to stop this alleged assault in court. he explained the way he tried to stop it was by slamming a locker. >> yeah, well he said that he made contact and tried to make eye contact with them about three different times. he told prosecu

for the first time, mike mcqueary spoke publicly about allegations he witnessed jerry sandusky having sex with a boy in a penn state locker room shower in 2002. in graphic detail and under oath, mcqueary, then a graduate assistant, says he first heard noises coming from the shower, then saw sandusky standing behind a boy with his hands around his waist. he testified that while he wasn't 100% certain, he believed sandusky was molesting the boy. his testimony is key in the hearing for two penn state university officials facing perjury charges. prosecutors say tim curley and gary schultz lied to the grand jury about what mcqueary told them. >> most 6 or 7-year-olds understand what it is to tell the truth or lie. >> reporter: legal experts say mcqueary's testimony today was convincing and damaging. >> the only question is what he described to curley and schultz. did he describe something that was necessarily a sexual act? >> reporter: curley and schultz's lawyers maintain their clients were not told by mcqueary about the sexual details. >> had he heard from mike mcqueary that this boy in

as a matter of fact, it is only because of mike mcqueary's testimony that two other penn state officialsg not sandusky, but the athletic director and the vice president were charged. so if mcqueary's testimony is found incredible, not believable, the case against sandusky may still stand. where it will really do harm is to the prosecution of schultz and curley, the other two individuals. >> the distwinge between hearing and see thing alleged attack on this chilled, alleged rape of this child, would be significant because i can imagine mcyear i don't the witness stand, have you the defense attorney who will say what do you mean i-sounds like? what does that sound like? he falls apart there. >> look, in the grand jury summary, the 23-page summary, and i should point out just that, it is a summary but there's very graphic detail that is presented in terms of what he saw. and, you know, you then have this whisper down the lane where all of a sudden it becomes interpreted as horse play. somewhere along the way either he didn't report it fully or that is not what it was to begin with. but, aga

and mike mcqueary said he only heard things.of the details of his story are different than some of the details he provided to that grand jury, and to police, in his written statement. so we'll have to see what happens friday. but i'm not sure that that's as big of a deal tomorrow when there is ten different cases against jerry sandusky, ten different alleged victims, and that's only one of them. >> all right, thank you very much. we'll be talking with you tomorrow. >>> now a story out of broward county, florida. dramatic footage of a bitter divorce and custody battle gone wrong. it all began when 39-year-old salvatore tried to pick up his son for visitation. he was shot twice by his 66-year-old mother-in-law, cheryl kepner. what's more is he captured it all on his own iphone. we want to make sure you know he survived this today. you're about to see what happened. he is recuperating in the hospital tonight. he began the recording because something told him there would be trouble that afternoon. [ shots fired ] >> i can't believe

manuel gallegus has the latest now from the courthouse in harrisburg, pennsylvania. >> reporter: mike mcqueary arrived to the courthouse to deliver damning testimony in the penn state scandal. the assistant coach told the court he saw jerry sandusky in what he called severely sexual acts in a shower. mcqueary said the boy was up against the wall facing the wall and jerry was directly behind him in a very, very, very close position. jerry's hands wrapped around his waist or midsection. mcqueary testified that he didn't realize at first what he was seeing. that it did feel shocking but he didn't stop it. the next day mcqueary told head coach joe paterno about the incident and made it clear what he saw was extremely sexual but didn't use the terms sodomy or sexual assault. he told mcqueary sorry you had to see that and you've done the right thing, i know it's tough. mcqueary testified he later told penn state athletic director tim curley and senior vice president garyishments about the sexual en-- gary schultz about the sexual encounter he witnessed. curley and schultz are charged with perjury an

it is a red herring to bring up any alleged inconsistency between mike mcqueary's testimony, and thehe made later, but on any given case, cases have been prosecuted successfully against a perpetrator with one witness testifying, and mike mcqueary is one of more than ten witnesses. >> and ben, as we have seen sandusky's attorney amendola making statements suggesting that the victims are in this just for cash and a big payday and what is your client's response to that suggestion. >> well, it is preposterous to make that statement. you have a number of people who have come forward above the age of 30 and can't bring a civil case and trying to cooperate to empower the victims and cooperate with the attorney generals office and directed to my client. if you gave him the opportunity to fill out a blank check and s say, you can write this check for however dollars you want or in the alternative, you could have had this never have happened to you and never have been sexually assaulted by mr. sandusky, i can tell you to answer to the question, because he would choose that never would is had t

we have more from pennsylvania. >> reporter: for the first time, mike mcqueary spoke publicly about allegations of jerry sandusky having sex with a boy in 2002 in graphic detail and under oath. mcqueary, then a graduate assistant heard noises from the shower, then saw sandusky standing behind the boy with his hands around his waist. while he wasn't 100% certain, he believed sandusky was molesting the boy. his testimony is key. 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 h