joe paterno is suffering from health problems and he is not here in court.e not certain whether he was asked to come here, but they read a statement from the grand jury report and this was an interview done in january of 2011. this is where that took place. joe patermo being asked if he was contacted by then assistant mike mcqueary about what he witnessed in the shower in 2002. mcqueary said he 4 gone to paterno saying he had seen jerry sandusky with a boy in the shower. in paterno's words, he said in the deposition he was told that there was a older mature man in the shower and mcqueary mentioned that he thought sandusky was fondling that boy. when asked about what actions paterno took he said that he referred this information to his athletic director at the time. that was tim curley. curley 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 patern

if that is the case, why go to his father and then wait a day and go to paterno and paterno wait a weekend to call the guy because he doesn't want to bother the guy over the weekend? >> you know, mark and i can talk about the trial strategy here. but talking about the moral issues here, talking about penn state university as an institution, this is a grotesque story. how many people knew something of importance here? all of these senior people. what did they do to find this kid? to this day we don't know who this kid is. victim number 2 has never been identified because it's now years later. how do you track him down? they did nothing. from a moral perspective all four of these guys, paterno, mcqueary, the two administrators should be ashamed of themselves. i don't know if anyone's going to be criminally convicted. but on a moral level, this was a disgrace. >> mark, without knowing who this victim or alleged victim was or is, i mean, obviously that makes the case all the more difficult. >> it's exactly right. and that's why when you've got mcqueary, who i think is equivocating when it come

paterno told him he was shocked and saddened.erno then told his boss, athletic director tim curley and gary schultz, a university vice president who oversaw the campus police. but keeping them honest, according to paterno's grand jury testimony, that was read back in court today, so that's the first time we're actually hearing the grand jury testimony, paterno did not notify them immediately because, and get this, he didn't want to interfere with their weekends. what's more, mcqueary's testimony today conflicts with another portion of joe paterno's account to the grand jury that mcqueary only told him he saw sandusky, "fondling or doing something of a sexual nature." that's different from mcqueary's characterization of the act as "extremely sexual." more than a week later, mcqueary was grilled by tim curley and gary schultz and alleged act got watered down even more. today the judge heard curley's grand jury testimony also read back. asked whether mcqueary reported seeing an act of sodomy, curley told the grand jury, absolutely n

paterno told him he was shocked and saddened. paterno then told his boss, athletic director tim curley and gary schultz, a university vice president who oversaw the campus police. but keeping them honest, according to paterno's grand jury testimony, that was read back in court today, so that's the first time we're actually hearing the grand jury testimony, paterno did not notify them immediately because, and get this, he didn't want to interfere with their weekends. what's more, mcqueary's testimony today conflicts with another portion of joe paterno's account to the grand jury that mcqueary only told him he saw sandusky, "fondling or doing something of a sexual nature." that's different from mcqueary's characterization of the act as "extremely sexual." more than a week later, mcqueary was grilled by tim curley and gary schultz and alleged act got watered down even more. today the judge heard curley's grand jury testimony also read back. asked whether mcqueary reported seeing an act of sodomy, curley told the grand jury, absolute

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

but did not go into any graphic detail out of respect for coach paterno.d jury back in january of 2011 this year, was then read in the afternoon session to the courtroom. in it coach paterno said that mcqueary had only told him on speaking of fondling or something of a sexual nature but he did not press mcqueary any further because he said mike was upset. coach paterno said instead he turned mcqueary forward to tim curley the athletic director at the time because coach paterno testified, i'm quoting here, tim would handle it appropriately and i had confidence in him. curley's testimony was read in the afternoon session which he said mcqueary only told him and spoke to him about horsing around, some wrestling and some body contact but nothing of a sexual nature. judge william winter who is presiding over this probable cause hearing yesterday, ruled that there was probable cause that both curley and gary schultz, the senior vice president at the time had committed purgery and pushed it toward a trial. >> for more of the headlines, let's head to morning news

i wanted to ask you about joe paterno. one of the headlines out of this is him saying that joe paterno, who had known him for years, didn't say anything to him about these allegations that we know paterno knew something about. how damage is that for paterno, not only reputational but if there's a civil lawsuit filed? >> well, the whole point of this -- the civil lawsuit, is that paterno, penn state and everybody that was involved had knowledge and should have done something to stop this. should have kept this guy off the school ground. should have kept this guy away from the team. so, it does become damaging, i think. >> roger cossack, we very much appreciate you coming in at short notice. thank you very much. >> my pleasure. >> bianna, over to you. >>> we're going to turn to politics. the race for the white house. your voice, your vote. herman cain is home this morning, seeing his wife face-to-face for the first time since allegations of a 13-year-long affair surfaced earlier this week. he's set to make a major announceme

instead, he met with head football coach joe paterno and testified he conveyed to paterno what he saw. in a written statement read in court, paterno said mcqueary told him he saw an older person fondling a young person and identified the man as san dusk itty. 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 ou

out of respect for coach paterno. paterno slumped back in his chair. he said i'm sorry you had to see that. you did the absolute right thing. i know it was difficult for you to come here and tell me this. paterno contacted tim curly. about ten days later, he and school president questioned mcquery about the incident. both men are now charged with lying to a grand jury about the seriousness of what mcquery told them about the alleged sexual assault. mcquery, no question in my mind i conveyed to them i saw jerry with 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 curly and shultz tested mcquery's memory time and time again, searching for inconsistencies. asking why he never went to the police. mcquery responded he thought he was talking to the police when he spoke with shultz, the supervisor of campus police. attorney tom ferrell represents shultz who supervised the campus police. >> he would have told the police. >> but in the end, prosecutor sa

paterno said he didn't push mcqueary for details. paterno said he later passed along the information to curley, who along with schultz met with mcqueary about a week and a half later, but never took any steps to investigate. defense lawyers hammered mcqueary over why he never told police. noting schultz's position overseeing the campus police, mcqueary shot back, "i thought i was talking to the police." late today judge william wenner ruled the testimony from mcqueary and others was enough to take the case to trial. michael isikoff, nbc news, harrisburg, pennsylvania. >>> we're joined tonight here in the studio by savannah guthrie, our nbc news chief legal correspondent, and other than the gross alleged details in this case, what changed materially today? >> well i think we really saw what may turn out to be some of the most powerful evidence against not these two penn state officials. them, of course, but also, jerry sandusky. it is so rare in a sexual assault case to have an eyewitness to an alleged crime and that's what mcqueary s

obviously paterno saw something disturbing.s, you get mcquery assay, look, this is what mike saw. >> kathleen, what stands out from friday? it was an incredible day in court. what did you find most significant? >> as a prosecutor, in their standpoint, i thought the testimony was strong, it was credible and it was consistent. we were worried maybe mcquery bunt going it be consistent, but he was. i agree with buzz. all of the actions of the coach paterno afterwards shows that he knew the significance of it. i think it goes right back to that culture of sweeping it under the rug. of the good old boys club. in making sure that they control that situation. despite the fact that that little boy was clearly in trouble and every little boy that came after him. as a prosecutor, i thought the testimony went in very well. i thought the case was very strong. both against curley and schultz as well as against sandusky. as a mother of two little boys, again, i was shocked and i was disgusted and it left me wondering, where is the goodness of

. >> joe paterno is no longer the head football coach effective immediately. >> after more than four decades on the sidelines for the penn state, joe paterno was fired despite announcing he would retire attend of the season. weeks later paterno's family announced the winningest football coach is battling lung cancer. >> very unfortunate and certainly not needed at the end of what we've been dealing with the last couple of weeks. >> but penn state is not the only school reeling amid allegations against a coach. stepbrother mike lange and bobby davis say fine touched them inappropriately at least a dozen times when they were boys. >> so where though? >> in my leg and my tennis. >> did you see something to him >> yes, i said please stop. >> a third man is also accusing fine of molestation. head coach denies any knowledge of the alleged abuse. >> when the investigation is done, we will find out what happened on my watch. >> he says he's focused on leading the sir cause team through the season and leighing the legal drama off the court. he maintains his innocence. he has not been charged

he would scream for help to no avail. >> jill mason says he was upset to the firing of joe paterno. >s doing was wrong. he should have came out from the beginning. >> he claims to is giving cash and gifts before the abuse began. the encounters only ended after he refused to perform a sex act in a car. >> his mother had just passed away. he was vulnerable. his father was ill. >> last week, the assistant football coach says he did nothing illegal. >> i did not do those things. >> abc 7 news. >>> a former head football coach joe paterno is making progress after being diagnosed with lung cancer. this is according to a person close to the paternal family. he revealed his father has a treatable form of lung cancer. he was fired in the aftermath of the child sex abuse scandal. >>> republican candidates were in washington trying to get the support of jewish activists. they criticized the obama administration and how it handled iran. they said the white house does not done enough to support israel. newt gingrich says he will appoint john bolton to be secretary of state. new jersey gov. chris c

his account backed by coach paterno's grand jury testimony. "it was of a sexual nature." and enough, say prosecutors, to prove the university officials, accused of perjury and not reporting the crime, lied when they sate was just horse play. >> now you have both paterno and mcqueary testifying that, we told them it was a sexual act going on at the university. >> reporter: the judge agreeing the case will go to trial, but one underlying question remains. 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

. >>> and still ahead here tonight, joe paterno is in the hospital. we'll have the latest health scare for the former penn state coach. >>> and chuck's back to tell us when we can expect rain in the forecast. [ male announcer ] you haven't seen anything like pizza hut's new big dinner box. it's an epic-sized box filled with all your favorites. you get two medium one-topping pizzas, eight intense wings, and five freshly baked breadsticks. why settle for just one of your favorites? get them all in one epic box. order the big dinner box today and call dinner done! only $19.99. and only at your pizza hut. >>> former penn state coach joe paterno is in the hospital tonight after a fall at his home. he reportedly re-fractured his pelvis. no surgery required, but paterno will stay in the hospital to continue treatment for lung cancer until he retires in the fall. paterno hurt his pelvis when a player blindsided him before the season started. the coach was fired for not doing more after learning of sex abuse charges against his assistant, jerry sandusky. >>> e

he definitely told paterno.one that day, because he didn't want to bother anyone on the weekend? what is that about? >> about of i get to paterno, let me go back to the original part. ma query says he told schultz andcurlyy -- and then gary schultz denies he got the full story from mcqueary. he says, quote, did mechanic query relate what he saw in the locker room? answer, no, it was a very general way, no details. so, buzz, you have them -- their -- him clearly saying he told the superiors it was sexual, they're denying it. then you go to what you say paterno, what he told him. here this is interesting. quote -- paterno was shocked and sad, sat back in his chair. he said, i'm sorry you had to see that. it's terrible. i need to tell some people what you saw, and i'll tell you what we'll do next. obviously he told paterno a lot. you don't fall back in your chair shocked if you're not telling you something. >> you're exactly right. he slumps back in his chair. he's shocked, as you say, i'm sorry you had to see that

he said he went to his mentor, coach joe paterno about what he saw. i told paterno i saw jerry with a young boy in the showers, i thought i needed to held him. his account backed by coach paterno's grand jury testimony. it was of a sexual nature. enough to prove that university officials accused of perjury and not reporting the crime lied when they said it was all just horse play. >> now you have paterno and mcqueary saying they told them it was a sexual act going on. >> reporter: the judge agreeing. the case will go to trial. one underlying question remained, why didn't mike mcqueary do more? he said he slammed his locker shut loudly, hoping to stop the attack. he did not confront sandusky, go to the police, or remove the child. >> he should have done something. >> reporter: the defense says if mcqueary really saw what he says he did, he would not have walked away. jm avila, abc news, new york. >> let's go to a man who has covered this story extensively, vinny politan. if he didn't do anything to stop this, which appears to be the case, does that hur

his grand jury testimony forced his mentor, joe paterno, to retire.nd now threatens to send two university officials to prison for allegedly lying about what he told them. penn state coach mike mcqueary on the stand. sticking to the story that he told the university. i saw jerry in the shower with a boy and it was extremely sexual this nature, and over the line, and wrong. mcqueary is the only adult witness to that alleged assault in the penn state football team showers. he said he went to his mentor, coach joe paterno about what he saw. i told paterno i saw jerry with a young boy in the showers. way over the line. extremely sexual in nature, and i thought i needed to tell him. his account backed by coach paterno's grand jury testimony. it was of a sexual nature. enough, say prosecutors, that the university officials accused of personalry and not reporting the crime lied when hay said it was all just horseplay. >> now you have paterno and mcqueary saying they told them it was a sexual act going on. at the university. >> reporter: the judge agreeing. t

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 have gotten cold again. not severely cold. cold enough for snow. we'll see about that coming up with the insta-weather plus >> a bit warmer now than what we had a couple hours ago. lake-effect snows. winds across the great lakes. also, there is say weather disturbance pulling away from pennsylvania and new york state right now. there is also a new disturbance coming in from iowa t

that didn't happen because mike mcquery never said such a thing to coach paterno or to my client. >> mcquery said he did not use graphic language with the administrators or coach paterno out of respect, but he was imfattic. there's no question that i conveyed to them that i saw jerry with a boy in the showers. and that there was severe sexual acts going on and that it was wrong and over the line. in secret transcripts revealed today, he didn't think a crime had been committed. why then did the same administrators report sandusky to his charity and take away his locker room keys, prosecutors asked? the activity was inappropriate, but not criminal. the administrators told grand jurors. not enough for a perjury case, the athletic director's lawyer said. >> in in order for a perjury charge to stand, there must be corroboration. >> well, the judge certainly didn't agree. he ruled right away that there's more than enough evidence to take this case to trial. against the administrators for failing to act and then lying about it and no evidence in all this testimony today that joe paterno did

joe paterno has continued to be fired by not reporting these charges. former president is also discharged. >>ysabel: the world side bombing in afghanistan killed three nato servicemen. this main focus is near the pakistan border. so far, 500 citizens have been with killed including 389 americans. in addition, the altar- conservative is showing the latest for the egyptian religious movement. this could limit personal freedom. there are radical views are saying that god lot is the only law. >>marty: osha is to blame according to this one recent fire tragedy. >>gabe: we have the latest gifts and nostalgic arcade games just- in-time for the holidays. ♪ >>gabe: this is from a local toy company. this project ghosts, onto your wall. there is also a counter on the back. it is great for entertainment for children. it is the spin on the toys story. >> this is also the dancing singing eric doll. it says a lot of things. it dances to music. it is really what is hot. it is fun. i find it a little bit allowe. loud-. >> kids loved it. >> this is a hot wheels and video

paterno will turn 85 years old next week. >>> one of the largest sports organization is facing child sex abuse allegations. the amateur athletic union is reviewing its policies after two former basketball players accused its ex-president of assaulting them. ralph west says bobby dodd abused him. dodd has denied the allegations. which are now under investigation. >> yet another case. >>> the holidays are looking happier for one teenager in virginia. he was vacationing in the philippines in july. when armed islamic militants storm his resort and literally snatched him away. after five months in captivity, he pulled a fast one and managed to get away. here's abc's kelly cobiella. >> reporter: these are the first pictures of kevin in five months. smiling and safe in the philippines. the 14-year-old from virginia outwitted his armed kidnappers friday, telling them he was going to wash up in a stream, then running. he says he wandered in the jungle for two days. >> it was a tough time. months. i only know he is a hero. and i'm so happy he escaped. >> reporter: villagers found him on an isl

. >>> and joe paterno resting at home this morning. we have an update on his health after what has proven to be a rough several weeks. you watching "good morning maryland" what's new now and next and everything to get your tuesday started off right. >>> now "good morning maryland." >>> and welcome back on this tuesday morning. this could be some dreaded news come the holiday season. drivers in five states are being forced to clear the roads after a heavy storm pumpels the area with snow. who will -- pummeled the area with snow. companies are too risky across nevada and new mexico and highways are not an option. winds and snow put brutal factor for the storm and blizzard warning in effect overnight for those along northeastern new mexico and northwestern texas in the panhandle. also, in the oklahoma panhandle as well but forecasters knew the storm was come. >>> and drivers taking to the air are wishing for something different for the holidays a new study shows two out of every five air passengers wish for another form of transportation

. >>> former penn state football coach joe paterno is hospitalized with a broken pelvis. he fell at his home on saturday and reinjuring the broken pelvis he suffered in august when he was hit by one of his players during practice. paterno was fired by penn state following allegations of sexual abuse involving one of his former assistant coaches jerry sandusky. a key prosecution witness in the case is expected to testify tomorrow. anna werner reports. >> reporter: former penn state assistant coach mike mcqueary is among those expected to testify tuesday. mcqueary told a grand jury that in 2002, he saw jerry sandusky in a locker room shower on the penn state campus sexually assaulting a young boy. >> mr. sandusky, any comments. >> reporter: according to the grand jury report, he saw a boy he estimated to be 10 years old with his hands up against the wall being raped by a naked sandusky. but a local newspaper report raised new questions about whether mcqueary may have told a different story back then. the hair russburg patriot news quoting a source says after the incident, m

joe paterno did. we know he was told about it in 2002 at the latest. >> we are recording this in early december in case something happens. >> the two most important men at in college athletics in the past 50 years are joe paterno and dean smith. dean smith did far more than win games. he helped desegregate restaurants in the 1950's. he was a truly great man. i felt pretty much the same way about the turnout. when i heard this comment i was stunned. it is most heartbreaking for the boys involved and their families. the like that penn state will never be the same. there was always a feeling that we have the coaches that can win games the right way. we graduate our players. we do the right thing. not that part has changed. that feeling is gone though. there will never be an old normal at penn state. there will only be a new normal some day. >> how much of this is caused by the money and lack of leadership on the part of the president? should be football players be treated in the same ways? >> yes. they a

. >>> head coach joe paterno and some of the board members of sandusky's three mile charity investedreal estate deal in 2002, around the same time sandusky was accused of raping a boy in a penn state locker room. this is according to the website the daily. paterno and three second mile investors just secured financing to build a $100 million luxury retirement community and also reportedly developed a golf resort, a coaching website, and a chain of convenience stores. paterno and the charity have come under fire with some people questioning when each knew about the abuse case. >>> today a two-day sentencing hearing begins for former illinois governor rod blagojevich. in june he was convicted on 18 counts of corruption, including trying to sell president obama's senate seat. he could face more than ten years in jail. that would be the stiffest sentence for corruption in that state's history. the judge says he will announce the sentence tomorrow. >>> ratings agency standard & poor's is warning it may have to carry out an unprecedented mass downgrade of euro zone countries if leaders can

paterno told mcqueary he would pass his concerns on to the right people. also testifying today mcqueary's father and campus officials. other suits testimony may conflict with mcqueary's were not called to the stand. >> in 1977, sandusky founded the second mile foundation. 20 years later, the first allegations. he retired from penn state two years before allegations reached a head coach joe paterno. you can see the entire detailed timeline on our website at wbaltv.com. the military case against bradley manning is on hold. he is the army private accused of leaking sensitive documents to wikileaks. the hearing began to date but ended when his attorney asked the investigating officer to recused himself. he referenced ties the officer has to the justice department investigating the wikileaks founder and. manning faces 22 charges of violating military code. >> a family is suing the school system and two elementary school principals for more than $1 million in damages saying they did nothing to protect their two children, and one with special needs, from being bu

. >>> fired assistant state football coach joe paterno has another problem to deal with. he fell and broke his pelvis in his home yesterday. he will recover without surgery. paterno is undergoing chemo and radiation for lung cancer. >>> republicans and democrats are going head to head over plans to extend the payroll tax cut, this as the gop wants to include as part of the bill the construction of a pipeline from canada to texas. fox's steve santani explains what's on the line. reporter: congress' time is run being out, but the two sides -- running out, but the two sides have very different ideas how to go forward. republicans want to tie extension of the tax cut to the keystone pipeline from canada to texas. republicans say it will be a big boost for the economy and construction needs to go forward. senate republican leader mitch mcconnell may use that pipeline as a bargaining chip. >> we have the keystone pipeline in there. it's a shovel ready project, the biggest and most important ready to go project in america, wouldn't course the government a penny, not one. three y