HARRISBURG, Pa. _ The former athletic director at Pennsylvania State University testified Wednesday that he and two other ranking school administrators took what they thought was "appropriate" action in 2001 to curtail Jerry Sandusky's conduct but he has since come to regret his decision.
"We did what we thought was appropriate," Tim Curley said.
The first of two long-awaited prosecution witnesses to testify at the trial of former Penn State President Graham B. Spanier, Curley seemed to offer little new information or insight about why he, Spanier and former Vice President Gary Schultz decided not to report claims that Sandusky had been seen sexually assaulting a boy in a locker-room shower.
During his 90 minutes on the witness stand, Curley struggled to recall the details of a meeting he had with Spanier to discuss Sandusky. Based on the information he had at the time, he testified, he didn't see the former assistant coach's conduct as criminal.
"I thought Jerry had boundary issues, judgment issues that needed to be addressed," he testified.
Curley acknowledged he has since changed his opinion and that's why he pleaded guilty last week to child endangerment charges. "Because I thought that I should have done more," he said.
Spanier, 68, is accused of conspiracy and child endangerment. He has denied any wrongdoing; his lawyer told jurors in opening arguments he was being unfairly prosecuted for a judgment call.
Both Curley and Schultz pleaded guilty last week to a single count of misdemeanor endangerment. In return, prosecutors agreed to drop the more serious felony conspiracy charges.
Schultz is expected on the witness stand Wednesday afternoon. Prosecutors say that after learning about assistant coach Mike McQueary's 2001 claim that he saw Sandusky assault a boy in a locker room shower, the three administrators agreed ultimately to not report Sandusky to child welfare authorities.
In his testimony, Curley acknowledged that the men initially had intended to notify the Department of Public Welfare of the McQueary report but that he became "uncomfortable" with that plan after talking with then head football coach Joe Paterno.
Curley testified that he did not recall what Paterno said to him to make him feel uncomfortable, nor could he recall Paterno's reaction when he said he told the coach that Sandusky had been investigated in 1998 for similar allegations of showering with a young boy.
But Curley did say that it was Paterno who first told him and Schultz about McQueary's allegations. He said Paterno did not describe it as sexual misconduct.
"He said there was horseplay, wrestling in the shower," Curley testified.
Curley testified that McQueary's own account later matched what Paterno had described but did not use the word "horseplay."
McQueary has testified, as recently as this week, that he was clear with Curley, Schultz and Paterno what he witnessed in the shower was sexual.
The prosecutor, Deputy Attorney General Patrick Schulte, asked Curley if he ever sought to identify or find the boy in the shower.
"I did not," Curley said. "Looking back now, I should have."
Prosecutors contend Sandusky sexually assaulted at least four other victims after McQueary's 2001 report.
Curley acknowledged that his guilty plea could result in a sentence anywhere from probation to jail time. But because he is battling lung cancer, he could be permitted to serve any sentence on house arrest if he can demonstrate a medical need, the prosecutor pointed out.
The trial, before Judge John Boccabella, is expected to last the week. Spanier is expected to take the stand in his own defense, possibly as soon as Thursday.
