An email Sunday to The Associated Press from The Second Mile said the organization was preparing a written statement but did not want to comment at this time because of the criminal investigation.
“The Second Mile will continue to do everything in our power to be cooperative with authorities and will maintain our focus on doing what is best for the children,” the email said.
Schultz and Curley fielded the complaint from an unnamed graduate assistant, and from Paterno. Two people familiar with the investigation confirmed the identity of the graduate assistant as Mike McQueary, now the team’s wide receivers coach and recruiting coordinator. The two spoke to The Associated Press on condition of anonymity because the names in the grand jury report have not been publicly released.
McQueary was out of town on a recruiting trip Sunday, according to his father, John McQueary, who declined to comment about the case or say whether they are the two named in the grand jury report.
The law “applies only to children under the care and supervision of the organization for which he works, and that’s Penn State, it’s not The Second Mile,” Farrell said of his client. “This child, from what we know, was a Second Mile child.”
Messages left later Sunday seeking comment from Frederiksen with the attorney general's office, and from Curley’s lawyer, Caroline Roberto, were not immediately returned. Farrell said it was accurate to say the allegations against Curley are legally flawed in the same manner.
Farrell said he plans to seek dismissal at the earliest opportunity. Both Schultz and Curley are scheduled to turn themselves in at a district judge’s office in Harrisburg on Monday.
“Now, tomorrow is probably not the appropriate time,” Farrell said. “We’ll bring every legal challenge that is appropriate, and I think quite a few are appropriate.”
As a summary offense, failure to report suspected child abuse carries up to three months in jail and a $200 fine.
“As far as my research shows, there has never been a reported criminal decision under this statute, and the civil decisions go our way,” he said.
Curley and Schultz met with the graduate assistant about a week and a half after the alleged attack, Pennsylvania Attorney General Linda Kelly said Saturday. There is no indication that anyone at school attempted to find the boy or follow up with the witness, she said.
“Despite a powerful eyewitness statement about the sexual assault of a child, this incident was not reported to any law enforcement or child protective agency, as required by Pennsylvania law,” Kelly said.
The allegations mirror the sexual abuse scandal that has rocked the Catholic church, albeit on a smaller and narrower scale. As in the church’s case, authorities say high-ranking figures were given details about instances of sex abuse and failed to share them with law enforcement or child-welfare agencies.
Curley and Schultz also are accused of perjury for their testimony to the grand jury that issued a 23-page report on the matter Friday, the day before state prosecutors charged them. Sandusky was arrested Saturday and charged with 40 criminal counts.
Curley denied that the assistant had reported anything of a sexual nature, calling it “merely `horsing around,’” the grand jury report said. But he also testified that he barred Sandusky from bringing children onto campus and that he advised Penn State President Graham Spanier of the matter.
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