Wednesday, June 13, 2012

Victim 10: Sandusky forced oral sex

Jerry Sandusky carries files into court upon arriving for day 3 of his sex abuse trial, Wednesday in Bellefonte, Pennsylvania.
Jerry Sandusky carries files into court upon arriving for day 3 of his sex abuse trial, Wednesday in Bellefonte, Pennsylvania.
  • NEW: An alleged victim testifies Sandusky threatened him as a boy after sexually abusing him
  • NEW: John McQueary, the father of a then-graduate assistant, also took the stand Wednesday
  • NEW: Elder McQueary testified he met with Gary Schultz to follow up on what his son saw
  • The defense questions the motives of the alleged victims

Bellefonte, Pennsylvania (CNN) -- An alleged victim of Jerry Sandusky testified Wednesday that Penn State's longtime defensive coordinator threatened him as a boy after sexually abusing him in the basement of his central Pennsylvania home.

"He told me that if I told anybody, that I would never see my family again," said the man identified as "Alleged Victim No. 10."

He said Sandusky pinned him down and engaged in oral sex on at least five different occasions, and later apologized for his behavior.

"He said that he didn't mean it, and that he loved me," the man testified Wednesday.

The alleged victim, now 25, spoke on the third day of testimony in a high profile child rape case against the school's former football coach. He is one of 10 boys, prosecutors say, who were sexually abused over a span of 15 years.

Sandusky pleaded not guilty to 52 criminal counts and has denied his interactions with the children were sexual. The trial is expected to continue for about three weeks.

John McQueary, the father of a then-graduate assistant who testified that he saw Sandusky raping a boy in a university shower, also took the stand Wednesday morning.

"I knew there was something wrong," the elder McQueary said, describing a phone conversation with his son following the alleged incident.

"I said, 'What's the matter?,' " McQueary recalled. His son, Mike, then told him: "Coach Sandusky in the shower with a young boy," the elder McQueary testified.

"He was positioned behind the young man, and I believe he said up against the shower wall," he testified. "He said, 'It didn't take a rocket scientists to figure out what was going on.' "

On Tuesday, Mike McQueary testified that he saw what appeared to be Sandusky having anal sex with the boy.

He said he informed university officials, though did not use the words "anal sex" because he "didn't feel comfortable."

Defense attorney Karl Rominger cross-examined McQueary Tuesday, asking the former graduate assistant about angles of his view and the reported date of the alleged incident, which prosecutors later had to adjust from 2002 to 2001.

The elder McQueary also testified Wednesday that he met with Gary Schultz, the former Penn State vice president who oversaw campus police, to follow up on what his son had told authorities.

"I made Mr. Schultz aware that I knew of this incident, and understood that Mike had met with him, and he had told Coach (Joe) Paterno," he said. "Mr. Schultz said that he had heard noise about this before, earlier than Mike's report."

Prosecutors claim Schultz held a secret file that detailed alleged incidents pertinent to the Sandusky investigation, which was not made available to the grand jury investigation.

Schultz and Tim Curley, Penn State's former athletic director, have pleaded not guilty to charges of perjury and failing to report an alleged sexual assault of a child.

The file allegedly shows inconsistencies with what Schultz and Curley told a grand jury, according to court documents filed by prosecutors.

They say e-mails from Schultz, Curley and others further contradict their own testimony, though CNN cannot independently confirm that account.

The university responded Tuesday saying that it had received "several subpoenas and gathered documents from many sources across the institution."

"As soon as any relevant documents were discovered, the university immediately provided them to the office of the attorney general and the Freeh Group," it said, referencing an independent investigation.

In opening statements, defense lawyer Joe Amendola suggested his client would take the stand and say he routinely "got showers with kids" after working out.

The former coach has always maintained his innocence, Amendola said, claiming his client's alleged victims had changed their stories and were questioned until authorities received the answers they wanted.

"A lot of people lied," Amendola said. Some of the alleged victims have civil attorneys, he noted, calling that unusual. Others, he said, have a financial interest in the case.

"One of the keys to this case, one of the keys to your perception ... is to wait until all the evidence is in," Amendola told jurors. "Some of it will be graphic. ... It's going to be awful. But that doesn't make it true."

A man identified as "Alleged Victim No. 7" is also scheduled to testify on Wednesday.

On Tuesday, "Alleged Victim No.1" said he stayed at the former coach's house more than 100 times as a boy, and that Sandusky had repeatedly sexually abused him.

Now 18, the man said he grew up without a father, living with his mom and siblings, and met Sandusky at Second Mile, a foundation he created for needy children.

"At first he would kiss me on the forehead goodnight," Alleged Victim No.1 testified on Tuesday. "Then it was kissing me on the cheek, then rubbing my back and cracking my back."

Sandusky's roaming hands would later move to "rub underneath my shorts," he said. The alleged abuse further escalated when Sandusky "put his mouth on my privates."

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"I spaced," the alleged victim said. "I didn't know what to do."

Later, the former coach allegedly told him that "it's your turn," he added. "He made me put my mouth on his privates."

The grand jury report cited evidence that Sandusky, who has pleaded not guilty, "indecently fondled Victim 1 on a number of occasions, performed oral sex on Victim 1 on a number of occasions and had Victim 1 perform oral sex on him on at least one occasion."

An elementary school wrestling coach also testified Tuesday, saying that he'd seen interactions between Sandusky and the boy and "thought it was a great thing because (the boy) needed a father figure."

But coach Joe Miller recalled one day when returned to the weight room and found Sandusky and the alleged victim "laying together, side to side" with his arm around the boy.

"At the point Jerry propped up and said 'Hey there, we're working on wrestling moves,' " he testified. "They were both startled that I came in."

The first person to take the stand after opening statements Monday was a now 28-year-old man identified as "Alleged Victim No. 4." He said that Sandusky routinely had the then-teenage boy perform oral sex on him while the two showered together on the school's campus and elsewhere

"It would have to be 40 times, at least," he said, adding that the abuse started when he was 14-years-old.

Amendola told jurors former Second Mile children will testify that Sandusky affected their lives in a positive way, and he later showed a letter to Victim No. 4 in which the former coach wrote "I'm proud of you and really care."

The defense lawyer also questioned some alleged victims' behavior, including one who went to a football game with Sandusky prior to his arrest.

A jury of five men and seven women, along with four alternates, was selected last week. Half of the 16 jurors and alternates have ties to Penn State, including one retired professor and one current professor, three graduates, two employees and one current student, showing the prominence of the university in the local community.

The case has raised questions about Penn State's response to allegations, with some claiming the school put its reputation ahead of protecting potential child victims.

CNN's Susan Candiotti, Dana Garrett and InSession's Michael Christian contributed to this report.