McQueary: "Act was over" so I didn't go to cops

HARRISBURG, Pa. - Penn State assistant football coach Mike McQueary says he witnessed former assistant coach Jerry Sandusky molesting a boy but that he didn't call police because he was sure "the act was over."

McQueary was testifying Friday at a preliminary evidentiary hearing for two of his superiors at Penn State who are charged with perjury for allegedly lying to a grand jury in an attempt to cover up child sex abuse allegations against another coach, Jerry Sandusky.

A judge ruled late Friday that prosecutors do have probable cause to move forward with the cases against Tim Curley and Gary Schultz -- a decision that widely expected.

Under cross-examination, McQueary answered a question that many observers had asked: Why didn't he call police on Sandusky?

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He says it was because it was "delicate in nature" and that he tried to use his best judgment. He says he was "sure the act was over."

He says he later informally raised questions to people he worked with about why Sandusky was still allowed around the football program.

Speaking for the first time in public about the 2002 encounter in a Penn State locker room, McQueary said he believes that Sandusky was attacking the child with his hands around the boy's waist but said he wasn't 100 percent sure it was intercourse.

McQueary said he had stopped by a campus football locker room to drop off a pair of sneakers in the spring of 2002 when he happened up Sandusky and the boy in a shower.

He said Sandusky was behind the boy he estimated to be 10 or 12 years old, with his hands wrapped around the boy's waist. He said the boy was facing a wall, with his hands on it.

McQueary said he has never described what he saw as anal rape and couldn't see Sandusky's genitals, but that "it was very clear that it looked like there was intercourse going on."

Sandusky says he is innocent of more than 50 charges stemming from what authorities say were sexual assaults over 15 years on 10 boys in his home, on Penn State property and elsewhere. The scandal has provoked strong criticism that Penn State officials didn't do enough to stop Sandusky, and prompted the departures of Hall of Fame football coach Joe Paterno and the school's longtime president, Graham Spanier.