Lawyer: Another Sandusky accuser steps forward

Penn State defensive coordinator Jerry Sandusky on the Penn State defensive coordinator Jerry Sandusky on the sideline during the first quarter of the Alamo Bowl. (Dec. 28, 1999) Photo Credit: AP

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A 19-year-old man has filed a complaint with state police alleging he was sexually abused by Jerry Sandusky after the former coach gave him liquor on the Penn State campus in 2004, the accuser's lawyer said Tuesday.

Charles Schmidt said the client, whom he did not identify, came to his law firm about three weeks ago, after Sandusky was charged with sexually abusing eight children over a 15-year period.

"He suffered one incident of abuse, to use the legal term — involuntary deviate sexual intercourse — allegedly at the hands of Mr. Sandusky," Schmidt said. "That occurred on the Penn State campus, we believe in the area of the football facilities."

Joseph Amendola, Sandusky's lawyer, said he was not familiar with the allegations Schmidt was making.

The new claim came the same day a lawyer for a different young man who accused Sandusky of sexual abuse said he expects his client and at least five other alleged victims to testify at a preliminary hearing next week.

The lawyer said he has information that the six young men whose testimony before a grand jury contributed to a report detailing allegations against Sandusky will be called to testify next Tuesday. The attorney spoke to The Associated Press on condition of anonymity because he said he is trying to ensure his client's identity isn't revealed publicly.

Sandusky is charged with 40 counts of child sex abuse and prosecutors allege he met his victims through The Second Mile, a charity he founded in 1977 to help at-risk children. Sandusky, 67, denies being a pedophile and has vowed to fight the charges. In interviews with NBC and The New York Times, he has said he showered and horsed around with boys but never sexually abused them.

The existence of Schmidt's client was first reported by WHP-TV in Harrisburg.

Schmidt told The Associated Press that his client was 12-years old, dealing with the death of his mother and suffering emotional issues at the time of the single, alleged incident on the campus. The lawyer said the two met through The Second Mile and his client claims Sandusky gave him liquor while in the office on campus. The grand jury report did not allege any instances of Sandusky giving boys alcohol.

Schmidt said his law firm is conducting its own investigation into the client's claims.

"We hope to have it wrapped up within another week. We believe him to be credible," Schmidt said. "Everything that we've been able to unearth since has corroborated what he told us, but we'll continue to do our due diligence."

The preliminary hearing next Tuesday, at which a judge would determine if prosecutors have enough evidence to take the case to trial, could last a day or more since the defense has the right to cross-examine the state's witnesses.

The state attorney general's office would not comment on the evidence authorities plan to offer to show probable cause the crimes occurred.

"We're not going to talk about specific testimony," spokesman Nils Frederiksen said Tuesday. "We'll be prepared to present as much as necessary to hold the case for trial."

Prosecutors listed eight victims in the grand jury report, but didn't know the identities of two of them when they issued the report in early November. The report said one of those two was a boy seen being sodomized by Sandusky in a Penn State football complex shower in 2002.

Amendola has said he believes he knows the identity of the boy in the shower and that the person dined with Sandusky this past summer.

Amendola said he's looking forward to questioning the prosecution witnesses — including any alleged victims.

"We will, for the very first time, have the opportunity to face Jerry's accusers and question them under oath about their allegations," Amendola said in a statement Monday. "We look forward to this opportunity."

Former sex-crimes prosecutor Richard DeSipio said prosecutors may have to call the six known accusers for the judge to uphold the 40 counts. Defense lawyers sometimes waive preliminary hearings if they are worried about publicity for their clients, but DeSipio said he is not surprised Amendola is demanding the hearing.

"This is their first and only opportunity before trial to actually see the witnesses... to hear their tone and demeanor, and to question them and see how they respond to questions, and also to flush out details," said DeSipio, who is now a criminal defense lawyer in Philadelphia.

Assistant football coach Mike McQueary, who has been identified as the witness to the 2002 shower assault, could also be called to testify. McQueary's account wasn't immediately brought to the attention of authorities even though high-level people at Penn State apparently were told about an incident the showers.

In the wake of the scandal, the university last month fired coach Joe Paterno and accepted President Graham Spanier's resignation.

Athletic Director Tim Curley has been placed on administrative leave, and Vice President Gary Schultz, who was in charge of the university's police department, has stepped down. Schultz and Curley are charged with lying to the grand jury and failure to report to police. They maintain their innocence.

Also Tuesday, Penn State president Rodney Erickson told skeptical faculty members not to worry that school trustees would "whitewash" their own an investigation. Erickson pledged to the University Faculty Senate that investigators will have unfettered access to and cooperation from the school. He said the leadership of a committee checking into the allegations should lend confidence "that there will be no whitewash ... no sweeping under the rug."

Trustees have appointed former FBI director Louis Freeh to lead the probe for a committee spearheaded by trustee Kenneth Frazier.

Erickson said he would urge trustees to have the committee members meet with faculty.

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