According to a five-page memo detailing the interview written by Curtis Everhart, Amendola's investigator, the man said the incident happened on Feb. 9, 2001, not on March 1, 2002, as prosecutors had written in its presentment. The man said "this particular night is very clear in my mind," the memo states. In the shower after a workout, the man said he and Sandusky "were slapping towels at each other, trying to sting each other. I would slap the walls and would slide on the shower floor, which I am sure you could have heard from the wooden locker." The man said he recalled hearing a locker slam but never saw the person who slammed it. "The grand jury report says Coach McQueary said he observed Jerry and I engaged in sexual activity," the man said. "Nothing occurred that night in the shower."
Amendola thought Victim 2 would provide a break as he begun preparing Sandusky's defense. But two weeks later, Amendola said he ran into a local lawyer at the Centre County Courthouse who told him the young man who had identified himself as Victim 2 had in fact been a victim of Sandusky and he intended to sue Penn State.
"I said, 'What?'" Amendola recalled. "And he says, 'He's one of the worst victims.' I almost fell down. That's not what this young man told me and my investigator."
The young man who identified himself as Victim 2 was not called by prosecutors to testify at Sandusky's trial. He has since struck a multimillion dollar settlement with Penn State, sources say. A Penn State official said there is no interest in settling McQueary's whistleblower lawsuit against the university.