Penn State Rape Victim Denies Assault, Jerry Sandusky's Lawyer Claims

Denial comes as alleged rape witness insists, "I made sure it stopped."

November 15, 2011, 4:54 AM

STATE COLLEGE, Pa. Nov. 15, 2011— -- A lawyer for the former Penn State football coach allegedly seen raping a boy in the team's locker room shower tells ABC News that the boy has denied that he was sexually assaulted.

The claim by Jerry Sandusky's lawyer comes at the same time that Mike McQueary, who reported seeing Sandusky rape a boy in the showers in 2002, sent friends a couple of emails insisting that he didn't just just leave the area as the grand jury report stated.

"I did stop it, not physically ... but made sure it was stopped when I left that locker room," he wrote.

McQueary also wrote in one of the emails that, "I did have discussions with police and with the official at the university in charge of police." The grand jury report claims that no one from Penn State ever reported the alleged incident to police.

The contradictory statements were among a flurry of fresh revelations and claims involving the scandal that has rocked Penn State.

The boy in the shower is one of eight who Sandusky is accused of having molested over a 15 year period. The grand jury report said that despite McQueary's eyewitness account, the university did not investigate and "never attempted to learn the identity of the child in the shower... No one from the university did."

Sandusky's lawyer, Joe Amendola, told ABC News that they believe they know the "victim."

"The kid is... now grown up, he's in his 20s. He's adamant that nothing sexual occurred," Amendola said.

The lawyer says he and Sandusky believe they are talking about the correct boy because Sandusky remembered being approached by school official Tim Curley a couple days after the shower.

"In fact, Jerry Sandusky gave Tim the name of the kid and said do you want to call him? He'll tell you nothing went on," Amendola said. Sandusky also told the boy that he might get a call asking about the shower, and the person remembers getting the call from Sandusky.

"This is why he believes very, very strongly he is the young man involved," Amendola said.

The Pennsylvania office of attorney general was not immediately available for a response.

Amendola said he expected many of the victims named in the grand jury presentment to deny that the assaults had ever occurred.

The lawyer also said that it does not make sense that former Penn State football coach Joe Paterno would ignore a report that one of his assistants was found engaging in anal sex with a boy in his locker room.

"I find that incredible," Amendola said. He added that such a scenario "absolutely boggles my mind."

The investigation into Sandusky is spreading. The New York based Fresh Air Fund told ABC News that its records show that at least one child was sent to stay with Sandusky in the 1990s and that information was shared with Pennsylvania authorities.

"Now we are looking back in our files to earlier time periods. As of today, we do believe several children may have stayed in the Sandusky home in 1970s," said fund spokeswoman Andrea Kotuk.

Sandusky, 67, broke his silence in a telephone interview Monday night with NBC's Bob Costas and his oddly worded denials raised eyebrows.

At one point Costas asked the retired coach, charged with 40 counts of child sexual abuse, if he fits "the classic MO of many pedophiles" by gaining the trust of many young people but not abusing all of them.

"Well, you might think that. I don't know," Sandusky said, and then laughed, according to a transcript from the interview. "I didn't go around seeking out every young person for sexual needs that I've helped. There are many that I didn't have -- I hardly had any contact with who I have helped in many, many ways."

Jerry Sandusky Denies He Is Sexually Attracted to Boys

When asked if he was sexually attracted to young boys, Sandusky replied,"Am I sexually attracted to underage boys … sexually attracted? You know … no I enjoy young people I … I love to be around them. Umm I, no … I'm not sexually attracted to young boys."

He hesitated when asked about the numerous eyewitness accounts of his alleged sexual assaults on adolescents.

"Well I could say that, you know, I have done some of those things," Sandusky said when asked by Costas if he is completely innocent and falsely accused in every aspect.

"I have horsed around with kids. I have showered after workouts. I have hugged them and I have touched their leg. Without intent of sexual contact," Sandusky said.

Sandusky and Amendola both told Costas that Sandusky was innocent of all of the allegations of sexual abuse that have been leveled against him.

The charges that Sandusky sexually abused eight boys over 15 years have led to the firing of the college president and Paterno. Sandusky was arrested Nov. 5 and is free on $100,000 bail.

The retired coach founded the charity The Second Mile for at-risk youth, and some are now saying the non-profit functioned as a recruiting ground for his predatory actions. Speaking with Costas, Sandusky said that he isn't attracted sexually to young boys.

When Sandusky was asked about an incident where two janitors said that they witnessed him performing a sex act on a boy in the showers, the former coach flat-out denied it. He then dismissed Costas' question as to what their motivation to fabricate such a lie would be, saying, "you'd have to ask them."

Amendola said Sandusky's antics in the shower is typically of jocks goofing around after a workout.

"Jerry Sandusky is a big overgrown kid. He's a jock," Amendola said. "For anybody who's ever played sports, you get showers after you work out. I mean when people hear he got showers with kids -- oh my goodness you know like …he got showers with kids … that makes him guilty right?"

ABC News' Dean Schabner contributed to this report.

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