When the presentment was made public on Nov. 4, 2011, McQueary was reported as seeing Sandusky, then 58, engaged in "anal intercourse" with a 10-year-old boy in the shower. But in subsequent testimony, McQueary acknowledged he never clearly saw "anal intercourse" and only assumed it had occurred based on several quick glances and the sounds he'd heard. What McQueary saw and reported in 2001 to Paterno and Penn State's leaders compared to his five statements, delivered in varying terms under oath from 2010 to 2013, will be critical parts of the criminal trial of Spanier, Curley and Schultz.
A previously undisclosed email sent by McQueary to authorities demonstrates he had thought the prosecutors' description in the presentment of what he had seen -- and what he reported to Paterno -- was not accurate. "I cannot say 1,000 percent sure that it was sodomy," McQueary wrote in the email sent to a prosecutor and investigator on Nov. 10, 2010. "I did not see insertion ... it was sexual and/or way over the line in my opinion, whatever it was." However, a year earlier, McQueary wrote in a written statement that he was "certain that sexual acts/the young boy being sodomized was occurring [sic]."
In another previously undisclosed matter, The Mag found that one grand juror who heard McQueary testify said he doubted his credibility. The grand juror, Stan Bolton, a 53-year-old employee of The Home Depot in York, Pa., now says he was skeptical of McQueary's claim that Sandusky engaged in a sex act with the boy because McQueary also told grand jurors that he didn't see penetration.
"This planted a seed with me -- either you saw it or you didn't," said Bolton, who was one of 23 grand jurors. The prosecutors "kind of glossed over it and moved on to who [McQueary] told, which started the whole Joe Paterno thing."
When the presentment charging Sandusky, Curley and Schultz was released, it was written by the 33rd grand jury. In that document, prosecutors said McQueary, identified only as a graduate assistant, was found by the grand jury to be "extremely credible." However, the 33rd grand jury never heard McQueary testify. An earlier grand jury, the 30th, heard McQueary testify on Dec. 16, 2010. Bolton was a member of that grand jury.
The Mag story also reports new details about "Victim 2," the boy, now in his mid-20s, who was in the shower when McQueary witnessed Sandusky's alleged assault. A week after the presentment was released, a young man in his mid-20s identified himself as "Victim 2" to Joseph L. Amendola, the defense lawyer for Sandusky. In a wide-ranging interview on Nov. 9, 2011, in Amendola's State College law office, the young man, accompanied by his mother and brother, told Amendola and his investigator that at the time of the shower incident he was 14, not 10 or 11, as McQueary estimated.