HARRISBURG, Pa. — Pennsylvania State University's athletic director and a former school vice president must face trial on charges of lying about a 2002 sex-abuse allegation against former assistant football coach Jerry Sandusky, a judge said Friday.
Magisterial District Judge William Wenner ordered athletic director Timothy Curley and Gary Schultz, the former vice president, to go on trial for perjury and failing to report that a member of the football program told them he saw Sandusky molesting a boy.
"The task that was at hand today was to present enough evidence to show the court that the charges should be held," Senior Deputy Attorney General Marc Costanzo said after the ruling. "We're not surprised by that."
Curley and Schultz, who remain free on $75,000 unsecured bail, denied the charges, which stem from their grand jury testimony. They face formal arraignment on Jan. 19, according to court records. They face as long as seven years in prison if convicted of perjury.
Wenner ruled after hearing testimony from Penn State assistant football coach Mike McQueary, and from the ex-chief of the campus police and McQueary's father. The grand jury testimony of Joe Paterno, Penn State's former head football coach, was also read into the record.
McQueary testified that he told Curley and Schultz he had seen Sandusky with what appeared to be a 10-year-old boy in a locker room shower in March 2002.
McQueary said he had gone to a football building on the Penn State campus to fetch some videotapes. When he got there, he first heard "rhythmic slapping sounds" and then the sound of showers running. Then he saw Sandusky standing directly behind a boy in the shower. They were both naked and Sandusky had his arms around the boy at about waist level, McQueary said.
"There is no question in my mind that I conveyed to them that I saw Jerry with a boy in the showers and that it was severe sexual acts going on and that it was wrong and over the line," McQueary, 37, told the court.
Neither Curley nor Schultz, who oversaw university police, reported the incident to law enforcement or attempted to learn the identity of the boy, identified in the grand jury report as Victim 2.
Curley, 57, and Schultz, 62, denied that McQueary told them about witnessing anal sex, according to the grand jury report.
Curley testified to the grand jury in January that McQueary told him about Sandusky "horsing around." Schultz testified that McQueary reported "disturbing" or "inappropriate" conduct. Schultz was initially unsure about what he remembered McQueary told him and later conceded the report was of inappropriate sexual conduct, according to court documents.
Sandusky, 67, has been charged with more than 40 counts stemming from the alleged sexual abuse of 10 boys. He waived his preliminary hearing this week and prosecutors said his case will proceed to trial. Sandusky denies the charges.