*Please note this story contains graphic content*
(Harrisburg) -- Penn State finds itself in the midst of a full-blown scandal today. The State Attorney General's Office has announced 67-year-old Jerry Sandusky, a former defensive coordinator and founder of the Second Mile nonprofit that operates programs for young people, is facing child sex charges. A grand jury found eight young men were the targets of either sexual advances or assaults by Sandusky from 1994 to 2009. All of the victims were participants in Second Mile activities.
He's charged with 40 counts, ranging from first-degree felonies to second-degree misdemeanors. They include four counts of involuntary deviate sexual intercourse, aggravated indecent assault, unlawful contact with a minor and endangering the welfare of a child (A complete list is below). Sandusky was taken into custody today in Centre County and is scheduled to be arraigned before a State College judge.
Also charged in the case are Penn State Athletic Director Tim Curley, 57, and Senior Vice President for Finance and Business Gary Schultz, 62. The two are facing counts of perjury and failure to report child abuse. Attorney General Linda Kelly and State Police Commissioner Frank Noonan say the charges are the result of a wide-ranging grand jury probe. Each is charged with one count of perjury, a third-degree felony, and one count of failure to report (under the Child Protective Services Law), a summary offense. Both men could face up to seven years in prison and a $15,000 fine. Curley and Schultz are slated to surrender Monday before Harrisburg Magisterial District Judge Marsha Stewart.
"This is a case about a sexual predator who used his position within the university and community to repeatedly prey on young boys," Kelly said in a statement. "It is also a case about high-ranking university officials who allegedly failed to report the sexual assault of a young boy after the information was brought to their attention, and later made false statements to a grand jury that was investigating a series of assaults on young boys."
The Attorney General's Office is expected to release more information Monday.
Kelly says the investigation started after a referral from then-Centre County District Attorney Michael Madeira, concerning a young boy who reported Sandusky had indecently assaulted him and engaged in various sex acts, while the boy was a house guest. The boy took part in the Second Mile program and attended a camp on the university campus when he was 11 or 12 years old. He alleges Sandusky used expensive gifts, like trips to sporting events and a computer, to stay in contact with him. Eventually in 2009, Sandusky was barred from the school district attended by the victim. That's when the boy's mother reported the sexual assault allegations to police, as required by state law. But, Kelly says Penn State did not act in a similar matter, noting the college had received a first-hand report of a sexual attack by Sandusky seven years earlier.
"One of the most compelling and disturbing pieces of testimony in this investigation came from an eyewitness to a late-night sexual assault that allegedly occurred in March of 2002, in the locker room of the Lasch Football Building on the University Park Campus," Kelly said. "Hearing what sounded like sexual activity in the showers of a building that was supposed to be empty, a graduate assistant reportedly observed Sandusky sexually assaulting a naked boy who appeared to be about 10 years old."
According to the AG, the assistant reported the incident to Head Coach Joe Paterno. The longtime coach testified to the grand jury that he informed Curley the next day. The graduate assistant was called to a meeting with Curley and Schultz, about a week-and-a-half later, to discuss what he saw. "Despite a powerful eyewitness statement about the sexual assault of a child, this incident was not reported to any law enforcement or child protective agency, as required by Pennsylvania law," Kelly said. "Additionally, there is no indication that anyone from the university ever attempted to learn the identity of the child who was sexually assaulted on their campus or made any follow-up effort to obtain more information from the person who witnessed the attack first-hand."
The two men later told Sandusky that he could not bring any Second Mile Children into the football building. The message also was reportedly relayed to Dr. John Raykovitz, the past executive director and executive vice president at the nonprofit. "Despite this so-called 'ban', which was reviewed and approved by University President Graham Spanier without any further inquiry on his part, there was no effective change in Sandusky's status with the school and no limits on his access to the campus," Kelly said. "Sandusky's emeritus position, alleged negotiated as part of his 1999 retirement, provided him with an office in the Lasch Football Building; unlimited access to all football facilities, including the locker room; access to all recreational facilities; a parking pass; a university Internet account; listing in the faculty directory and numerous other privileges - he had remained a regular presence on campus."
According to grand jury testimony, Schultz acknowledged he knew about a 1998 University Police investigation that also involved allegations of sexually inappropriate behavior involving Sandusky and young boys in the football showers, but did not pursue the matter further and did not seek any additional review in light of the new report in 2002. The panel noted the '98 report was reviewed by University Police and Child Protective Services, with the blessing of Wendell Courtney, who at the time served as University Counsel and was (and remains) counsel to The Second Mile - though no criminal charges were ever pursued.
Kelly said the grand jury determined Curley and Schultz had provided false testimony while discussing their response to the 2002 report of a child sexual assault in the football showers. She adds the
panel specifically found Curley committed perjury in repeatedly denying that he had ever been told that Sandusky had engaged in sexual misconduct with a child. Also, assertions by Schultz that the allegations were "not that serious" and that he and Curley "had no indication that a crime had occurred" were in direct contradiction to other testimony and constituted perjury.
"The failure of top university officials to act on reports of Sandusky's alleged sexual misconduct, even after it was reported to them in graphic detail by an eyewitness, allowed a predator to walk free for years - continuing to target new victims," Kelly said. "Equally disturbing is the lack of action and apparent lack of concern among those same officials, and others who received information about this case, who either avoided asking difficult questions or chose to look the other way." She says investigators were able to uncover a pattern of other sexual assaults by Sandusky, despite the false testimony and uncooperative atmosphere encompassing some Penn State and Second Mile officials.
Sandusky will be prosecuted in Centre County, while Curley and Schultz will be prosecuted in Dauphin County, all by Senior Deputy Attorney General Jonelle Harter Eshbach of the Attorney General's Criminal Prosecutions Section.
Sandusky is charged with the following offenses:
Seven counts of involuntary deviate sexual intercourse, all first-degree felonies which are each punishable by up to 20 years in prison and a $25,000 fine. One count of aggravated indecent assault, a second-degree felony punishable by up to ten years in prison and a $25,000 fine.
Four counts of unlawful contact with a minor, all first-degree felonies which are each punishable by up to 20 years in prison and a $25,000 fine.
Four counts of unlawful contact with a minor, all third-degree felonies which are each punishable by up to seven years in prison and a $15,000 fine.
Four counts of endangering the welfare of a child, all third-degree felonies which are each punishable by up to seven years in prison and a $15,000 fine.
Four counts of endangering the welfare of a child, all first-degree misdemeanors which are each punishable by up to five years in prison and a $10,000 fine.
Eight counts of corruption of minors, all first-degree misdemeanors which are each punishable by up to five years in prison and a $10,000 fine.
One count of indecent assault, a third-degree felony punishable by up to seven years in prison and a $15,000 fine.
Four counts of indecent assault, all second-degree misdemeanors which are each punishable by up to two years in prison and a $5,000 fine.
Two counts of indecent assault, all first-degree misdemeanors which are each punishable by up to five years in prison and a $10,000 fine.
One count of attempt to commit indecent assault, a second-degree misdemeanor punishable by up to two years in prison and a $5,000 fine.
Complete coverage of the Jerry Sandusky scandal:
