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

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 approval

that was tim 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 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 th

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

mcqueary says he told then athletic director tim curley and then administrator schultz he witnessed sanduskyied mcqueary only reported inappropriate conduct that made him uncomfortable. nothing more than horsing around. schultz then testified that there was inappropriate sexual conduct, groping essentially, but no sex. he also said the allegations made were not that serious and that he had no indication a crime occurred. we're hearing lots of different stories here. first of all, how common is a case like this, and is there a case here? >> it's very, very uncommon to see perjury charges lodged against anybody. i mean, we always hear about it on television. do you know that you're under oath? do you know what the penalties for perjury are? you always see that scene in a cross-examination in all of the tv shows. in truth, few lawyers have seen a perjury case. they're hard to prove. hard to get convictions because they turn on an interpretation of words. >> right. exactly what's going on here. >> that's exactly what's going on here. there's a -- you know, a claim that the word sexual contact, o

what this could really have an impact on is the friday preliminary hearing for gary schultz and tim curley, the vice president and the athletic director who have been charged with perjury and failure to report a crime, because their case hinges solely on the credibility of mike mcqueary. 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

it was against both tim curley there in this hearing today, former a.d.er athletic director and also gary schultz, former university vice president and also oversaw campus police. they were charged with perjury and failure to report those 2002 incidents involving sandusky. we heard susan candiotti a little while ago on our air talking to me about the prosecution's star witness, mike mcqueary, the assistant football coach who alleges to have seen sandusky and a young boy very much so inappropriately in one of the shower rooms on the penn state complex and the he essentially testified that he did in fact, report this to these men and these men are signingly saying that they did not get all of the -- all of the details until ultimately now we are learning based upon the evidence that will go to trial. also, just into us here, he is the last detainee the u.s. is holding still in iraq. for that i want to go to baghdad, live to baghdad, to arwa damon. what are you learning, arwa? >> reporter: brooke that would be ali mousa dack took, the subject of high-level n

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

now, contrast that, brooke, with this, right now as we speak, the testimony of tim curley is being readre. in fact, he said that he didn't know if there was any sexual misconduct of any kind. he said it was only horsing around that mcqueary had described to him. we are getting two diametrically opposed stories, accounts of what was said. >> so, is kurlly saying mcqueary wasn't specific when it came to describing what appeared to be intercourse. is that the distinction? >> that's right. he said just horsing around. again, of course this is testimony to the grand jury being read into the record, tim curley's testimony. >> what exactly happened during cross-examination with mcqueary? >> well, the defense attorneys tried to get him to be shaken in his testimony, but he really wasn't. he answered each question with great confidence. one of the things they hammered on, you consider this a crime? yes. but you didn't tell police? he said. no but he also added this, by telling what i said happened to these two penn state officials, including gary schultz, who is the head of university police, mc

today's hearing has decided that there is enough evidence to try both shultz and athletic director tim curley. reporting for abc2 news. >> stay with abc2news.com for the latest development in the jerry sandusky child sexual abuse case. >>> the fbi is opening a case. they're handing out sketches around the washington, d.c. area. they show a man known as the potomac river rapist. he is suspected in the rape. investigators are offering a $25,000 reward. >>> the director of the fbi has given an okay to move forward with the definition of rape. robert mueller said the updates will take effect in the spring. critics have said the way it is defined now is too fair proa. earlier this month and fbi advisory rip panel voted to change the language. >>> the idaho man accused of firing shots at the white house is mentally competent top stand trial. 21-year-old oscar ortega hernandez is charged with the assassination attempt of president obama. the first family was not home at the time. hernandez was captured day the later in pennsylvania. >>> a bomb shell in the amanda knox ordeal. a judge comes out sayin

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the judge ruled there was probable cause to move forward with tim curley and gary schultz. the two are charged with not properly reporting what graduate statute mike mcqueary told them about jerry sandusky. sandusky said he's innocent of the more than 50 charges, all sexual assault charges over a 12-year span. >>> a cold case is being reopened by the fbi in hopes of catching a killer and rapist. d.c. police are sending out sketches of the potomac river rapist. he's the suspect in eight rapes and one murder a $25,000 reward is being offered. >>> more legal troubles now for the annapolis man accused of scamming local schools. abc2 news was the first to tell you about criminal charges filed against joseph gill in queen anne's. a new charge has been filed after hearing from a pta group. they paid hundreds for gill to bring in an athlete but he couldn't deliver. dozens of local schools have made similar claims. >>> weather byes, clouds have thickened up. take a look. first, out to the west, you see a few showers towards garrett county and quite a bit of rain. it looks like a lot

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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

he tolls school administrators tim curley and tim schultz about it. >>> author christopher hitchens was died after a battle with cancer. he was known for his essays in "vanity fair" magazine and he wrote a good for atheist called "god is not great." christopher hitchens died of pneumonia, a complication of esophageal cancer. he was 62 years old. >>> on the cbs "moneywatch," free shipping. ashley morrison is here with that and so much more. we love the word free, don't we? >> it is a sweet sound. >>> good morning. asian markets were up today on a plan to get the country's finances under control. both tokyo's nikkei and hong kong hang sang gained half a percentage point apiece. >>> on thursday, stocks snapped a three-day slide. the dow was up 45 points, while the nasdaq ticked up almost 2. >>> wall street is bracing for what could be the biggest international ipo since google. zinga is going public today with farmville, cityville and word with friends, the game that alec baldwin was playing during his flight dispute last week. the company has became a quickly gained powerhouse. it could r

wasn't told even though tim curley his boss was brought into the loop. plenty of people in position to stop a child molester if that is in fact what jerry sandusky was. but given the opportunity, none of them did. then there's assistant coach mike mcqueary, now on leave. there are new developments tonight, important developments concerning him. his story apparently shifting yet again. you'll recall he told the grand jury he witnessed jerry sandusky raping a boy in the athletic building showers back in 2002. according to the grand jury report, he first called his dad, then joe paterno, then later talked to tim curley and gary schultz. a few weeks ago, he took issue with that account. in an e-mail obtained by allentown's "morning call" he claimed "i did stop it. not physically, but made sure it was stopped when i left that locker room." now, according to cnn contributor sarah ganim another version of his store is appearing. she quotes what a family friend told the grand jury. this friend sat with and listened to mcqueary as he recounted what he had just se

the hearing is for athletic director tim curley and former violent gary schultz charged with perjury d failure to report child abuse. prosecutors say curley and schultz did not respond properly nine years ago when mcqueary reported an alleged sexual attack on a boy in a university shower. >>> today a toddler shot in oakland will be laid to rest. the one-year-old hiram lawrence, jr., was struck in the head during a hail of gunfire on november 28. he died last friday after being taken off life support. the service for him will start at 11 a.m. at the acts full gospel church on 66th avenue in oakland. >>> new this morning california will share a half billion dollars in federal grant money with eight other states. this is to improve early childhood programs. the states were declared winners in the competition that started the obama administration race to the top program. of the goal was to get more children under age 5 ready for kindergarten. >>> time now 5:35. checking in with lawrence with the weather. lawrence? >> hey, guys. a lot of people trying to get ready for the holidays this wee

also, you know, he describes this interview or this meeting with tim curley.riminal. i thought it was horseplay. i think that's how he described it. jerry sandusky, you know, in the interview said that tim curley, in his words, was quite concerned and told him that he couldn't bring kids to the locker room anymore. jerry sandusky asked him, couldn't i just work them out? no. so, you know, he's shedding some light on sort of what transpired. now, of course what we know is that they never went to the police. tim curley, paterno, and graham spanier never went to the police. >> can i ask you -- this is a man that is being described as so uber car ras mat particular. what was your take on him? >> i think that readers and viewers should check out our website. >> and they will. but do they find him to be very charismatic? is there a delusional factor? >> he's clearly a man under siege. he talked about the fact that he used to be a guy that everybody wanted to know and that he really is now sort of hung customered down in his house. he really just has his kids his wif

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 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 state 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 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 c

days later he testified he made it clear to penn state's athletic director tim curley and vice president gary scholz that he saw sandusky performing severe sexual acts with a boy. leaders for the university officials say it is his word against the client. >> had he heard from mike mcqueary that this boy in the shower was being in any way sexually assaulted, he would have remembered that. >> curly and scholz are charged with lying to grand jury about what they knew, charges they deny. wjz eyewitness news. >> and the judge decided that is enough evidence to put the penn state officials on trial. >> a scary scene. a police chase through two states and with a crash. we are told the pennsylvania state trooper was chasing the driver when he lost control. the suspect was taken to the hospital. >> fighting for justice. the family of a baltimore police officer gunned down by his own fellow officers say they are still waiting for answers. it wjz if i'd are you the families fight for answers. >> tonight the family of officer william orbit walked the streets. they were passing out these flyers. they

of course, tim curley and gary shultz.te officials who are facing perjury charges here in miand mcquery's testimony is the center of that hearing today. we're expected to hear from more witness this is afternoon. but certainly mcquery's testimony, andrea, very damaging to day. >> michelle, is in any kind of cross-examination or is this simply the prosecution laying out its argument for probable cause to continue the case? >> reporter: well, prosecutors certainly are trying to lay out their case. but defense attorneys did have a chance to cross-examine. it was very limited to what the prosecution had asked. so they did get a chance to question mcqueer yes. they asked whether or not he took notes or just his recollection of that. but certainly the defense's cross-examination is very limited in that scope because prosecutors are just trying to show a judge that there was enough evidence to move forward. defense attorneys, though, maintain that penn state officials were not told by mcquery in detail what he laid out today. >>

former athletic director tim curley is charged with lying to a grand jury and not reporting sexual assaults he knew about. a graduate assistant for the football team testified that he saw the former coach jerry sand usky sodomizing a child. another says he cannot be believed. >> we believe that at the trial in this matter, the question will be whether mike has the credibility to overcome the perjury high level of proof that is necessary. we believe that at trial, we will clearly be acquitted of these charges. >> a university vice president oversaw the campus police is also charged and will face trial. see complete coverage of the scandal, including a time when of the case as it began to unfold, on our website, wbaltv.com. the federal government will not shut down at midnight. in the latest round of deal making, they might settle the issue of the payroll tax cut. we have the latest out of washington. >> in this boat, the yeas are 296. >> the house vote came about 10 hours before the deadline. >> it is essential we not see the government shut down. now it won't, even if the senate which to vo

more than a week later, mcqueary was grilled by tim curley and gary schultz and alleged act got wateredn 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 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 conclu

gary schultz and athletic director tim curley are charged with lying to a grand jury and failing to report sex abuse allegations to authorities. then graduate assistant mike mcqueary is at the heart of the case and they say that he is going to testify possibly for the first time in public. 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 turne

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

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 and face up to seven years in prison if convicted. manuel gallegus, cbs news, harrisburg, pennsylvania. >> sandusky will likely spend the rest of his life in prison if convicted. 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 cla

but, for those two penn state officials, tim curley and gary schultz, who are charged with perjury inport knowledge of sex abuse, mcqueary is a critical witness. in fact, the testimony against testimony against them, the case against them rests centrally on what mike mcquery said he saw that day when he walked into the locker room in march 2002. according to the grand jury report he says he saw jerry sandusky sexually abusing a 10-year-old boy. and he left distraught. he was shocked. and then reported it to joe paterno and then paterno told him to report it to tim curley and gary schultz. well, what this new witness, dr. jonathan drainoff, a friend of the family of mcquery says mcquery told him that night, the night of the incident was something very different. that he didn't see any sexual activity. he heard sex sounds in the shower. and he saw the boy emerging from the shower, an arm grabbing him back in then sandusky emerging from the shower in a towel. it's something less than what is in that grand jury report, and so therefore, this could undermine the case against curley and sch