On 12 June 2012, defense attorney Karl Rominger conducted a devastating cross examination of Mike McQueary in the course of attempting to defend the indefensible Jerry Sandusky. The actual transcript of that cross examination was not released until 21 September 2012, which explains why virtually nobody, except Barry Bozeman (See http://www.notpsu.blogspot.com/ ), has written about the deliberate deception Rominger exposed.
Mr. McQueary was the graduate assistant at Penn State who, according to the 4 November 2011 grand jury presentment, "saw a naked boy, Victim 2, whose age he estimated to be ten years old, with his hands up against the wall, being subjected to anal intercourse by a naked Sandusky" on 9 February 2001.
But, in fact, McQueary "saw" no such thing. How do we know? First, because McQueary's actual testimony to the grand jury reads: "I'm pretty sure he was sodomizing him, I'm relatively sure," Second, because McQueary later testified under oath that he never saw insertion, never saw an erection, never heard any protest, screams, shouts or cries by the boy and never witnessed any agitation or distress on the part of the victim.
McQueary envisioned sodomy and testified to being "relatively sure" of sodomy, because: (1) he heard three "skin-on-skin smacking sounds" upon entering the hallway leading to the locker room and (2) he subsequently saw Sandusky positioned behind the boy, with his arms wrapped around the boy.
Whether sodomy actually occurred is anybody's guess. But, nobody should doubt that Attorney General Linda Kelley authorized the release of a grand jury report containing the inflammatory lie that McQueary actually "saw" anal intercourse. That lie sent a shocked nation reeling.
Nevertheless, on 16 December 2011 McQueary testified that he believed Sandusky committed a crime on the night of 9 February 2001[p. 89]. But, instead of immediately reporting that crime to police, he consulted his father, John, and Dr. Jonathon Dranov.
Significantly, McQueary failed to tell them that a crime had been committed. Moreover, he repeatedly refused to answer questions by Dranov about what he saw. Unsure whether a crime had been committed, both John and Jonathon recommended that Mike report what he saw to Penn State Coach Joe Paterno the next morning.
Thanks to Rominger's cross examination, we now know that McQueary told the grand jury he reported "exactly" what he saw to Paterno, leaving out no details. [12 June 2012, p.289] However, that testimony must be false, if only because McQueary failed to include the detail concerning his belief that sodomy occurred. And although he claims not to remember telling Paterno that a crime occurred, McQueary had already left that small detail out of his conversation with his father and Dr. Dranov.
McQueary testified he told Paterno about: (1) the "rough positioning" of Sandusky and the boy, (2) the "extremely sexual" nature of Sandusky's actions and (3) the "fondling" that Sandusky engaged in. Paterno testified to being told about something sexual and fondling. (Note: Curley's attorney questioned how McQueary could possibly see fondling, if Sandusky's arms were, indeed, wrapped around the boy.)
Two questions: Why would McQueary tell Paterno exactly what he saw after refusing to tell Dr. Dranov anything that he saw? Why did McQueary wait almost ten years before telling anyone that he believed Sandusky committed the crime of sodomizing a young boy? Was it because the prospect of talking to investigators placed him under duress?
Beyond his failure to report a crime and his contradictory testimony about whether he, indeed, reported every detail to Paterno, there's also the more understandable problem of McQueary's faulty memory. He got the day, month and year of Sandusky's assault wrong, probably because he was certain -- until proven wrong -- that the assault occurred on the Friday evening before spring break. Ten years is a long time to keep memories fresh in anyone's mind.
Normally, the information provided above might cause people to question McQueary's credibility as a witness. But, up to now, it has not. The grand jury, most members of the news media, most members of Penn State's board of trustees, most Americans, the Special Investigative Counsel that issued the Freeh Report, as well as the NCAA continue to believe McQueary, and not the Penn State officials previously known to be honorable and previously held in high esteem.
But, until now, nobody but state officials knew precisely what McQueary told investigators, the office of the Attorney General and the grand jury in late 2010. But, thanks to Rominger's devastating cross examination, much of that information is now public.
Thanks to Rominger's cross examination, we now know that McQueary's testimony in 2010 differs materially from the testimony that he gave in December 2011 and June 2012.
During testimony on 16 December 2011 and during testimony on 12 June 2012 McQueary claimed that, upon entering the locker room, he glanced at Sandusky and the young boy three times. The first glance, lasting only a second or two, was through a mirror that provided a 45 degree angle view into the shower. The second glance, again lasting only a second or two, was directly into the shower.
The third glance lasted longer, but it was taken only after McQueary slammed the door to his locker. As he testified on 12 June: "I made the loud noise in an attempt, I think, to say, "Okay. Someone is here. Break it up. Please.'" When he then took that third glance, he saw Sandusky and the boy standing a few feet apart.