Someone is lying in the Penn State perjury case.
Assistant coach Mike McQueary says that he told suspended athletic director Tim Curley and retired university vice president Gary Schultz that he saw a ten-year-old boy being sodomized in the campus gym showers by Jerry Sandusky, reports The Philadelphia Inquirer. Curley and Schultz both deny having such a detailed conversation with McQueary and said they knew nothing about the rape.
Who is not telling the truth?
The two former Penn State officials had faced questioning by a grand jury as to why they took no action after allegedly being notified of the child rape, reports the Inquirer. However, both men said under oath that they had no knowledge of Sandusky’s specific acts. Prosecutors claim the former university officials are lying and charged them with perjury.
In a perjury case, prosecutors will have to show that the defendants made a false statement under oath. In addition, prosecutors will have to present at least two witnesses that have evidence proving the statement was false.
In the Penn State perjury case, it’s not even clear if McQueary himself will testify, reports the Inquirer, casting doubt on the strength of the prosecutor’s case. In addition, even if McQueary testifies, prosecutors will still need to provide another witness attesting to the fact that Curley and Schultz had detailed knowledge of the rape.
The only other person present at the meeting between McQueary and the Penn State officials was fired coach Joe Paterno. As Paterno already denied knowing about the rape, it would not be surprising if Tim Curley and Gary Schultz are acquitted of perjury.
- Find a Philadelphia Criminal Defense Attorney (FindLaw)
- Inconsistency in Mike McQueary’s story presents opportunity for Penn State defendants (Los Angeles Times)
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- Jerry Sandusky Waives Preliminary Hearing (FindLaw’s Philadelphia Criminal Law News)