1 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF 2 : DAUPHIN COUNTY, PENNSYLVANIA V. 3 : 4 TIMOTHY MARK CURLEY : No. CP-22-MD-1374-2011 5 _____________________________________________________________ 6 COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF 7 : DAUPHIN COUNTY, PENNSYLVANIA V. 8 : 9 GARY CHARLES SCHULTZ : No. CP-22-MD-1375-2011 10 _____________________________________________________________ 11 TRANSCRIPT OF PROCEEDINGS 12 PRELIMINARY HEARING 13 14 BEFORE: MAGISTERIAL DISTRICT JUDGE WILLIAM C. WENNER 15 DATE: FRIDAY, DECEMBER 16, 2011 16 PLACE: COURTROOM NO. 1 17 DAUPHIN COUNTY COURTHOUSE HARRISBURG, PENNSYLVANIA 18 19 APPEARANCES: 20 BRUCE R. BEEMER, ESQUIRE OFFICE OF ATTORNEY GENERAL 21 For - Commonwealth 22 CAROLINE ROBERTO, ESQUIRE 23 For - Defendant Curley 24 THOMAS FARRELL, ESQUIRE 25 For - Defendant Schultz DAUPHIN COUNTY COURT REPORTERS 1 INDEX TO WITNESSES 2 3 FOR THE COMMONWEALTH DIRECT CROSS REDIRECT RECROSS 4 5 Michael McQuery 6 By Mr. Beemer: 5 113 By Ms. Roberto: 42 7 By Mr. Farrell: 86 8 9 Thomas Harmon 10 By Mr. Beemer: 115 130 By Mr. Farrell: 124 11 By Ms. Roberto: 131 12 13 John McQueary 14 By Mr. Beemer: 133 By Ms. Roberto: 140 15 By Mr. Farrell: 148 16 17 Shannon Manderbach 18 By Mr. Beemer: 158 19 20 Anthony Sassano 21 By Mr. Beemer: 164 By Ms. Roberto: 166 22 By Mr. Farrell: 169 23 24 25 DAUPHIN COUNTY COURT REPORTERS 1 INDEX TO EXHIBITS 2 3 FOR THE COMMONWEALTH IDENTIFIED ADMITTED 4 5 Exhibit No. 1 161 164 (Transcript of Paterno 6 Grand Jury Testimony.) 7 Exhibit No. 2 161 164 (Transcript of Curley 8 Grand Jury Testimony.) 9 Exhibit No. 3 161 164 (Transcript of Schultz 10 Grand Jury Testimony.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DAUPHIN COUNTY COURT REPORTERS 4 1 (On Friday, December 16, 2011, the 2 following proceedings occurred, beginning at 3 9:10 a.m.:) 4 5 THE COURT: Good morning, counsel. 6 MS. ROBERTO: Good morning, Your Honor. 7 MR. FARRELL: Good morning, Your Honor. 8 THE COURT: For defense counsel, is there 9 a motion for formal reading of the Complaint? 10 MS. ROBERTO: Your Honor, for Mr. Curley, 11 may it please the Court, Caroline Roberto 12 representing Mr. Curley, we will waive reading of 13 the Complaint. 14 THE COURT: Thank you. 15 MR. FARRELL: Your Honor, Thomas Farrell 16 for Gary Schultz, and we, too, waive the reading 17 of the Complaint. 18 THE COURT: Thank you, sir. 19 MR. FARRELL: You're welcome. 20 THE COURT: Is the Commonwealth ready to 21 proceed? 22 MR. BEEMER: We are, Your Honor. 23 THE COURT: Call your first witness. 24 MR. BEEMER: Commonwealth calls Mike 25 McQueary. DAUPHIN COUNTY COURT REPORTERS 5 1 MICHAEL McQUEARY, 2 called as a witness, being duly sworn, testified 3 as follows: 4 5 THE COURT: Good morning. 6 THE WITNESS: Good morning. 7 8 DIRECT EXAMINATION 9 BY MR. BEEMER: 10 Q Good morning, sir. 11 A Good morning. 12 Q Would you please state your full name, 13 spell your last name. 14 A Michael J. McQueary, M-C-Q-U-E-A-R-Y. 15 Q How old are you, Mr. McQueary? 16 A Thirty-seven. 17 Q Where did you attend college? 18 A Penn State University. 19 Q Did you play on any of the athletic teams 20 at Penn State University? 21 A Yes. 22 Q And what team was that? 23 A The football team. 24 Q And who was the head coach at the time? 25 A Joe Paterno. DAUPHIN COUNTY COURT REPORTERS 6 1 Q And could you tell the Court what years 2 you played football at Penn State? 3 A I was a freshman in '93 and I graduated 4 in December of '97. 5 Q Did you continue or return to employment 6 at Penn State University after your college 7 career ended? 8 A Yes. 9 Q And when did that occur? 10 A Full-time employment occurred in 2003. 11 Q What were you doing prior to 2003? 12 A I was an offensive graduate assistant 13 coach between 2000 and 2003; and between '99 and 14 2000, I was just a wage payroll office assistant. 15 Q When you say you were a graduate 16 assistant coach, was that at Penn State 17 University? 18 A Yes. 19 Q You worked under Joe Paterno? 20 A Yes. 21 Q Back in 2002, who was the athletic 22 director at Penn State University? 23 A Mr. Curley. 24 Q And what's his first name? 25 A Tim. DAUPHIN COUNTY COURT REPORTERS 7 1 Q If you could just generally describe for 2 the Court, are you familiar with a building on 3 Penn State University's campus known as the Lasch 4 Building? 5 A Yes. 6 Q Could you describe for the Court what the 7 Lasch Building is? 8 A It houses our football program, offices 9 for coaches, team locker rooms, strength 10 training, academic support. It's where -- it 11 encompasses our whole football program. 12 Q The description you just provided, was 13 that true in 2002? 14 A Yes. 15 Q I would like to direct your attention 16 back to March of 2002, particularly on a Friday 17 night. Do you recall something unusual happening 18 to you on a Friday night in that time frame? 19 A Yes. 20 Q Can you describe for the Court 21 approximately what you were doing on that Friday 22 evening? 23 A I was at home and watching a football 24 movie, already had gone to bed. And upon 25 watching the movie, I became motivated and just DAUPHIN COUNTY COURT REPORTERS 8 1 wanted to get some football things done and 2 decided to go to the Lasch Building to look at 3 the recruit tapes, pick up some recruit tapes. 4 And I had also bought some tennis shoes 5 earlier that day. Upon going into the building, 6 I wanted to put them into my locker. 7 Q Well, you indicated that you came from 8 somewhere. Were you at your house where you were 9 watching this movie? 10 A Yes, I was at my house, yes, my 11 townhouse. 12 Q Approximately how far away is that from 13 the Lasch Building? 14 A I would say six miles, and at that time 15 an eight-minute drive. 16 Q You did drive to the Lasch Building? 17 A Yes, I did. 18 Q Describe for the Court what you did upon 19 your arrival on Penn State's campus. 20 A I went to the Lasch Building, parked my 21 car, entered the Lasch Building and went to the 22 support staff locker room. 23 Q Is there more than one locker room in the 24 building? 25 A Yes. DAUPHIN COUNTY COURT REPORTERS 9 1 Q Other than the support staff locker room, 2 what other locker rooms are there? 3 A There's a locker room for full-time 4 coaches, the head coach and the two strength 5 coaches, and there's obviously the players' 6 locker room. 7 Q Do the locker rooms include shower 8 facilities? 9 A Yes. 10 Q Was that true of each of those locker 11 rooms you've just described or just some of them? 12 A Each one, yes. 13 Q Did you have those -- that pair of 14 sneakers that you previously described, did you 15 have those with you when you entered the 16 building? 17 A Yes. 18 Q Where did you go initially upon entering? 19 A To the support staff locker room. 20 Q And what did you do? 21 A That locker room has two doors to it. I 22 opened the first door and began entry into the 23 locker room. 24 Q Can you describe what happened there? 25 A Yes. When I opened that first door, I DAUPHIN COUNTY COURT REPORTERS 10 1 heard rhythmic slapping sounds, two or three 2 slaps that you would hear skin on skin. Began to 3 go into the second door, and I was already 4 alarmed and alerted, to be frank, somewhat 5 embarrassed, because it sounded to me like 6 someone was in the showers. 7 I could hear the showers running. And I 8 thought some activity was happening in the 9 showers, but I really didn't want to seem to -- 10 didn't want to be a part of. 11 I turned -- my locker, upon opening that 12 second door, is immediately to the right of that 13 door. It's the very first locker in that row at 14 that time. I turned to my locker, and as I 15 turned and faced my locker, I looked over my 16 right shoulder into the mirrors. 17 At a 45-degree angle from that mirror, 18 you can see into the shower. 19 Q Let me stop you right there. 20 A Okay. 21 Q Approximately what time in the evening 22 was this? 23 A I would guesstimate 9 or 9:30, 9 p.m. or 24 9:30 p.m. 25 Q And on that Friday evening in March of DAUPHIN COUNTY COURT REPORTERS 11 1 2002, were you familiar with an individual by the 2 name of Jerry Sandusky? 3 A Yes. 4 Q Describe for the Court how you knew 5 Mr. Sandusky. 6 A Mostly through him being a defensive 7 coordinator and assistant coach at Penn State 8 University while I played on the team.