(CNN) — With convicted serial child sex abuser Jerry Sandusky behind bars, new questions are surfacing about what Penn State officials knew about a 2001 incident involving the former assistant football coach’s encounter with a boy in the shower — and whether they covered up the incident.
After the 2001 incident, Sandusky sexually abused other boys over the course of years until his arrest.
CNN does not have the purported e-mails. However, the alleged contents were made available to CNN.
The messages indicate former Penn State President Graham Spanier and two other former university officials knew they had a problem with Sandusky after a 2001 shower incident, but apparently first decided to handle it using a “humane” approach before contacting outside authorities whose job it is to investigate suspected abuse.
“This is a more humane and upfront way to handle this,’ wrote Gary Schultz, then vice president at the university.
Records show no authorities were ever contacted and Sandusky was eventually charged with having sexual contact with four more boys after the 2001 incident. On June 22, Sandusky was convicted of abusing 10 boys over 15 years.
In an exchange of messages from February 26-28, 2001, Spanier allegedly acknowledges Penn State could be “vulnerable” for not reporting the incident, according to two sources with knowledge of the case.
“The only downside for us is if the message (to Sandusky) isn’t ‘heard’ and acted upon, and we then become vulnerable for not having reported it,” Spanier purportedly writes.
The alleged e-mails among Spanier, Schultz, 62, and former Athletic Director Tim Curley, 57, never mention Sandusky by name, instead referring to him as “the subject” and “the person.” Children that Sandusky brought on campus –some of whom might have been victims — are referred to as “guests.”
The exchanges began 16 days after graduate assistant Mike McQueary first told Coach Joe Paterno on February 9, 2001, that McQueary believed he saw Sandusky make sexual contact with a boy in a locker room shower.
Since the scandal broke, Spanier, Schultz and Curley have publicly maintained McQueary reported only inappropriate conduct — horsing around. The purported e-mails indicate the men could be at additional risk for not disclosing the matter to authorities. Schultz and Curley are currently charged with perjury and failing to report suspected child abuse. They have pleaded not guilty.
Paterno testified before a grand jury that McQueary was “very upset” and said he saw Sandusky “doing something with a youngster. It was a sexual nature,” according to a transcript. Paterno testified he told his boss, Curley. Curley and Schultz contacted McQueary about a week and half later about the incident.
In an alleged e-mail dated February 26, 2001, Schultz writes to Curley that he assumes Curley’s “got the ball” about a three-part plan to “talk with the subject asap regarding the future appropriate use of the University facility,” … “contacting the chair of the charitable organization” and “contacting the Department of Welfare,” according to a source with knowledge of the case.
Schultz refers to Sandusky as the “subject” and Sandusky’s Second Mile charity as the “charitable organization,” according to a source with knowledge of the e-mails.
Pennsylvania law requires suspected child abuse be reported to outside authorities, including the state’s child welfare agencies.
But then, something changes.
The next evening, February 27, Curley allegedly writes to Spanier. Schultz, who’s out of the office for two weeks, is copied.
Curley refers to a meeting scheduled that day with Spanier and indicates they apparently discussed the Sandusky incident two days earlier.
Curley indicates he no longer wants to contact child welfare authorities just yet. He refers to a conversation the day before with Paterno. It’s not known what Paterno may have said to Curley.
Curley writes: “After giving it more thought and talking it over with Joe yesterday, I am uncomfortable with what we agreed were the next steps.”
The athletic director apparently preferred to keep the situation an internal affair and talk things over with Sandusky instead of notifying the state’s child welfare agency to investigate Sandusky’s suspicious activity.
“I am having trouble with going to everyone, but the person involved,” Curley allegedly continues.
Curley writes he’d be “more comfortable” meeting with Sandusky himself and telling him they know about the 2001 incident and — according to a source with knowledge of the case — refers to another shower incident with a boy in 1998 that was investigated by police, but never resulted in charges against Sandusky.
Curley writes to Penn State’s president Spanier that he wants to meet with Sandusky, tell him there’s “a problem,” and that “we want to assist the individual to get professional help.”
In the same purported e-mail provided to CNN, Curley goes on to suggest that if Sandusky “is cooperative,” Penn State “would work with him” to tell Second Mile. If not, Curley states, the university will inform both Second Mile and outside authorities.
Curley adds that he intends to inform Sandusky that his “guests” won’t be allowed to use Penn State facilities anymore.
“What do you think of this approach?” Curley allegedly wrote to Spanier.
About two hours later, Spanier responded to Curley in another e-mail and copied Schultz. Spanier allegedly called the plan “acceptable”, but worries whether it’s the right thing to do, according to two sources.
“The only downside for us is if the message (to Sandusky) isn’t ‘heard’ and acted upon, and we then become vulnerable for not having reported it,” Spanier purportedly wrote.
“But that can be assessed down the down the road. The approach you outline is humane and a reasonable way to proceed,” he adds.
The next afternoon, Schultz allegedly responded to the Penn State president and its athletic director. Schultz signs off on handling the matter without telling anyone on the outside, at least for now.
“This is a more humane and upfront way to handle this,’ Schultz purportedly wrote. But he made clear Penn State should inform Sandusky’s charity Second Mile “with or without (Sandusky’s) cooperation.”
As for telling child welfare authorities, he added, “we can play it by ear.”
No one ever reported the 2001 shower incident. A decade later, a 2011 grand jury found no Pennsylvania law enforcement or child welfare agency was ever told.
“It was not only not humane to give Sandusky a pass, but inhumane towards young men who fell prey to him,” said attorney Tom Kline, who represents Victim 5. About six months after the February 2001 incident witnessed by McQueary, Victim 5 was molested. Last week, Sandusky was convicted of having unlawful sexual contact with Victim 5, among 44 other counts involving nine other boys.
Schultz and Curley already are charged with perjury fofr allegedly lying to a grand jury and failure to reported suspected child abuse.
Sources say based on the e-mails and other documents, they could face additional charges. Spanier, sources say, could also be charged, law enforcement sources and legal experts say.
As part of an ongoing grand jury investigation, state prosecutors are pouring over the e-mails turned over by Penn State as part of its own investigation, led by former FBI Director Louis Freeh.
According to court papers, the government is also examining a Sandusky file left behind by Schultz. In a statement, Schultz’s attorney Tom Farrell says Schultz who retired in 2009, did not keep any “secret” files.
Prosecutors say the file was created, maintained, and possessed by Schultz and assert documents in the file are “inconsistent” with statements made by Schultz and Curley to a grand jury.
One inconsistency may involve Schultz’s grand jury testimony stating the state’s child welfare agency was notified about the 2001 shower incident. “My recollection would be … (in 2002) … that they were asked to look into this allegation,” Schultz testified.
He also testified any notes he “probably” took about the 2002 incident may have been destroyed when he retired in 2009.
Curley’s grand jury testimony also appears inconsistent with the e-mails. In the messages, he refers to “a first situation” in 1998, yet he told a grand jury he wasn’t aware of any other allegations of alleged sexual conduct involving Sandusky.
A prosecutor asked Curley: “Specifically, a 1998 report, did you know anything about that in 2002?” Curley responded: “No, ma’am.”
Schultz and Curley, through their lawyers, consistently maintain McQueary didn’t tell them about a sexual assault in 2001, and instead said McQueary described “inappropriate conduct” or horsing around.
McQueary has repeatedly testified he told Penn State officials he saw a boy with his hands up against a wall with Sandusky behind him and heard slapping, rhythmic sounds. He added that someone wouldn’t have to be “a rocket scientist” to figure out what was going on.
A jury acquitted Sandusky of rape involving the 2001 incident, and instead found Sandusky guilty of several other counts involved in that shower incident including unlawful sexual contact.
Spanier’s lawyer did not respond to calls from CNN seeking comment for this story.
According to Penn State’s board of trustees, Spanier was fired last year because “he failed to meet his leadership responsibilities.”
Shortly after his dismissal, Spanier issued a statement that said, in part, “I was stunned and outraged to learn that any predatory act might have occurred in a university facility or by someone associated with the university. … I would never hesitate to report a crime if I had any suspicion that one had been committed.”
In a statement to CNN, lawyers for Schultz and Curley said both men were doing the best they could about a report of “inappropriate conduct” by a man with a stellar reputation.
“As Governor Tom Corbett stated, ‘If we were going to do this case, we had to have the best possible case to go against somebody like Mr. Sandusky who was … loved by everybody. Carried out of the football stadium on the shoulders of his football team. How can anybody say there must be something wrong with him?’” the lawyers’ statement read, citing Corbett’s remarks in a June 25 article by The Patriot News.
“For Curley, Schultz, Spanier and Paterno, the responsible and ‘humane’ thing to do was, like Governor Corbett (said), to carefully and responsibly assess the best way to handle vague, but troubling allegations. Faced with tough situations, good people try to do their best to make the right decisions.”
A spokesman for Paterno’s family, who has not seen any e-mails, told CNN Paterno didn’t communicate by e-mail and defended the coach.
“Everyone should want the truth … and Joe always told the truth,” Dan McGinn told CNN. “He did the right thing. He told his boss about McQueary.”
One thing is clear. There’s no evidence Penn State did anything to find the boy involved in the 2001 incident.
The night Sandusky was led away in handcuffs, Penn State issued a statement calling for healing. So did the family of Joe Paterno.
Healing might take time. Everyone is waiting for the results of Freeh’s investigation, anticipated by this fall. It’s unclear when state investigators will finish their work. The Justice Department is also conducting a probe, as is the U.S. Department of Education and the NCAA.
And Penn State is already reaching out to attorneys representing Sandusky’s victims.
Their lawsuits have yet to be filed.
Kline, Victim 5′s attorney, said he wants to see the results of Penn State’s investigation.
“Everything we saw in this trial could have been stopped by Penn State,” Kline told CNN.
“This is an American tragedy of monumental proportions.”
CNN’s Dana Garrett and Chris Boyette contributed to this report
Wikipedia: schultz definition: Theodore 1902–1998 American economist. →
Geneva, Switzerland (CNN) — Members of the international community on Saturday forged an agreement for a transition to end the violence in and bring peace to Syria.
The first step should be a recommitment to a cease-fire by both sides and implementation of a U.N. and Arab League-backed six-point plan without waiting for the actions of others, Joint Special Envoy Kofi Annan said.
A key to the process will be a transitional government, which Annan said could include members of the current Syrian regime. The make-up of such a body would be decided by the Syrians, he said.
“We are determined to work together urgently and intensively, to bring an end to the violence and the human rights abuses and the launch of a Syrian-led political process leading to a transition that meets the legit aspiration of the Syrian people,” Annan said.
The agreement also calls on the Syrian government to release detainees and allow journalists access to the country. The right to peaceful demonstrations must be respected, Annan said.
The agreement is a last-gasp attempt to end the carnage in Syria and contain a growing crisis that some diplomats warn could potentially engulf the entire region.
Ahead of the meeting, British Foreign Secretary William Hague said Russia and China were making negotiations on the subject “very difficult.”
The United States and many other nations demand Syrian President Bashar al-Assad step down to make way for a transitional unity government. Russia says his future must be decided solely by the Syrian people, with no outside interference.
In the end, the so-called “Action Group,” including China and Russia, agreed to the new plan.
Under the agreement, it remains possible for al-Assad to remain part of a transitional government, an idea unpalatable to many.
But in remarks with reporters, U.S. Secretary of State Hillary Clinton said the document makes it clear that there is no future for al-Assad in Syria.
“Assad will still have to go. He will never pass the mutual consent test, given the blood on his hands,” she said.
According to the agreement, the power to govern Syria will be vested in the transitional governing body, so all authority will be stripped from al-Assad if he refuses to step down.
It is significant that all of the countries were able to come to an agreement, Clinton said.
“Every day that has gone by without unity on the Security Council and among the states gathered here is a day that has given comfort to Assad and his cronies and supporters. What we have done here is to strip away the fiction that he and those with blood on their hands can stay in power,” she said.
Clinton said the plan should be endorsed by the U.N. Security Council, which would allow for the possibility of sanctions against Syria if the requirements aren’t met.
Russian Foreign Minister Sergey Lavrov said that the document should not be interpreted as outside powers imposing a transitional government on the Syrians.
“We consider it to be of key importance that there is no attempt in the document to impose upon the Syrian side any kind of transitional process,” he said.
The process has to come from inside Syria, he said.
A court has banned sales of Samsung’s Galaxy Tab 10.1 tablet in the US while it decides on the firm’s patent dispute with Apple.
Apple has claimed that Samsung infringed its design patent and copied the look of its popular device, the iPad.
The Samsung tablet is considered by most analysts as the biggest rival to Apple’s iPad.
The ban does not apply to the Galaxy Tab 10.1 II, the tablet’s new edition.
The trial for the case is scheduled to begin in California on 30 July.
Apple will have to post a $2.6m (£1.67m) bond to enforce the injunction, which it applied for in May, to compensate Samsung if the ban subsequently proves to have been unnecessary.
“Although Samsung has a right to compete, it does not have a right to compete unfairly, by flooding the market with infringing products,” said US District Judge Lucy Koh.
The judge had previously denied Apple’s appeal for an injunction on the Galaxy tablet and smartphones, but was asked by a federal appeals court to reconsider Apple’s request on the tablet PC.
In December 2011, a German court threw out Apple’s complaints about Samsung’s redesigned Galaxy 10.1N.
(CNN) — Turkey is changing its military rules of engagement and will now treat a military approach toward its borders by Syria as a potential threat that “will be dealt with accordingly,” Turkish Prime Minister Recep Tayyip Erdogan said Tuesday.
The announcement is a significant escalation of rhetoric after Syria shot down a Turkish plane last week.
Erdogan criticized Syria harshly on Tuesday for shooting down the Turkish fighter jet, saying: “Even if the plane was in their airspace for a few seconds, that is no excuse to attack.”
“It was clear that this plane was not an aggressive plane. Still it was shot down,” he said.
He said Syrian choppers have strayed into Turkish airspace five times in 2012. But, the Turks say, the government never escalated the situation despite the border violations. That could change under the new policy.
The shooting down of the Phantom F-4 jet on Friday raised even more tension between Turkey and Syria, two heavily armed regional powers.
Relations between the two neighbors have deteriorated during the uprising against Syrian President Bashar al-Assad’s regime. Erdogan has repeatedly called on al-Assad to step down.
Turkey has withdrawn its diplomats from Damascus. More than 30,000 Syrian refugees have spilled onto Turkish soil and Turkey is hosting Syria opposition groups.
Matt Sandusky, one of Jerry Sandusky’s adopted children, has said that he was molested by the former Penn State defensive coordinator, according to a statement from his lawyers.
A US House of Representatives committee has voted along party lines to hold Attorney General Eric Holder in contempt of Congress.
Mr Holder refused to hand over papers relating to a botched sting operation.
The move comes after President Barack Obama used his executive privilege to withhold documents sought by the House Oversight Committee.
But Mr Holder said claims he did not co-operate over Operation Fast and Furious were “untrue”.
The operation at the centre of the row saw US agents lose hundreds of illegal guns let into Mexico to trace arms dealers.
US border agent Brian Terry was killed in December 2010 in a shootout with illegal immigrants with a weapon linked to Fast and Furious.
The congressional investigation was opened after two guns retrieved at the scene were found to be among 2,000 weapons authorities were supposed to be tracking.
By Al Arabiya with agencies
The body overseeing Egypt’s presidential election said it would not announce the results on Thursday as planned, saying it needed more time to study appeals from the candidates, but did not say when it might be ready, the state news agency reported.
The Egyptian presidential run-off pitted the Muslim Brotherhood’s Mohamed Mursi against Ahmed Shafik, a former air force commander who was Hosni Mubarak’s last prime minister. Both claim to have won and have filed appeals against each other.
“The (election) committee has decided to continue to examine the appeals, which involves looking at records and logs related to the electoral process, and this will necessitate more time before announcing the final results,” it said in a statement on Wednesday.
Earlier, Committee Secretary-General Hatem Bagato told Reuters he could not say when the results would be announced.
“We are at the stage of listening to the representatives,” he said.
“The committee will meet afterwards to decide on whether to accept the appeals or not. After that, there will be a time set to announce the final result,” he added, speaking by phone.
On Tuesday, a U.S. election monitoring group said it was unable to say if Egypt’s presidential election was free and fair as it had not been given sufficient access, accusing the military leadership of hampering a transition to democracy.
Beyond the election itself, the group – the Carter Center – said a court’s decision to dissolve the Islamist-dominated parliament and a decree from the ruling military council limiting the future president’s powers increased the risk that Egypt was not becoming the democracy that many had hoped for.
The Yemeni army commander leading the fight against militants in the south of the country has been killed in a suicide attack, officials say.
Gen Salem Ali Qatan died in the port city of Aden when a suicide bomber attacked the car he was travelling in.
Yemen is battling militants linked to al-Qaeda who have taken control of parts of the south of the country.
The army has recently recaptured several strongholds in the restive southern province of Abyan.
The Yemeni defence ministry said Gen Qatan had been travelling in a three-car convoy when the bomber threw himself at the general’s SUV and detonated his explosives.
The commander was killed and four security guards and a passer-by seriously wounded, the ministry said.
By Al Arabiya with Agencies
Syrian forces pounded Homs on Monday as they pressed their campaign against rebel strongholds in the city and as at least 40 people were reported killed across the strife-torn country, a watchdog said.
Monday’s casualties come a day after 67 people were killed nationwide, including 15 in Homs province, the Syrian Observatory for Human Rights said.
Activists said artillery had targeted Douma, a town 15 km (9.3 miles) outside the capital Damascus. The town has for weeks been under the partial control of rebels who have joined the 15-month-old revolt against President Bashar al-Assad.
“We can’t even accurately count the dead because we have so many injured people to treat, there’s no time to think about anything else,” an activist in Douma who called himself Ziad told Reuters.
“The army attacks all the time. They have tanks, missiles, mortars, and artillery. Even helicopters have fired on us. People can’t escape because the army is surrounding the town.”
“The army has escalated its operations in Douma in recent days,” anti-regime activist Mohammad Doumani told AFP via Skype. “Regime forces have destroyed homes, farms and many mosques.”
The Local Coordination Committees (LCC), grouping opposition activists on the ground, said Qoudsaya was shelled heavily, and that snipers were firing at anything that moved.
Fares Mohamed, an LCC member in Zabadani northwest of Damascus, told AFP by email that Syrian forces had “imposed a suffocating blockade” around Qoudsaya and a nearby town.
He said the shelling began after an anti-regime demonstration in Qoudsaya. Mohamed said “huge military reinforcements” had arrived and that the wounded could not be treated because the shelling and sniper fire was so intense.
Another civilian was killed in Tafas as regime forces stormed the town.
And in central Hama province, two young sisters were killed when Qalaa al-Madiq was shelled before dawn, the Observatory said, adding that another civilian was shot dead at a regime checkpoint.
In the northern province of Aleppo, unidentified gunmen killed a woman, it said.
Regime forces backed by aircraft also pounded for more than seven hours overnight a region known as the Kurdish Mountain in the northwest province of Latakia, forcing many residents to flee, the watchdog said.
Two civilians were also shot dead in the coastal province.
In the northwestern province of Idlib two civilians were killed, the Observatory said.
Ten regime troops were also killed in clashes overnight and on Monday, the watchdog said.
The British-based Observatory claims violence in Syria has killed more than 14,400 people since the uprising began in mid-March 2011.
In a sign it fears Syria’s conflict could escalate further, an unnamed Russian naval source said Moscow was preparing to send marines to Syria in the event it needed to protect personnel and remove equipment from its naval facility in Syria’s Mediterranean port of Tartous, according to the Interfax news agency.
An Israeli civilian and three militants have been killed during an attack near the southern border with Egypt, Israeli military officials have said.
They said gunmen had attacked a convoy of construction workers building a security fence along the vast border.
Two workers were injured and one later died of his wounds, Israeli media said.
Israel’s Defence Minister Ehud Barak said it was a “disturbing deterioration”.
The gunmen appeared to have crossed from Egypt’s turbulent Sinai Peninsula into southern Israel.
The attack took place about 18 miles (30km) from the Gaza Strip, near the border villages of Kadesh Barnea, Nitzana and Beer Milcha, AFP reports.