Penn State prosecutors change the date of alleged rape

The prosecutors handling the Jerry Sandusky case changed the date of the alleged rape Mike McQueary witnessed:

Previously, prosecutors had filed documents, including a grand jury report, alleging that Sandusky sexually assaulted a boy in a Penn State locker room shower on March 1, 2002. But new filings indicate that investigators have now concluded the alleged attack took place around Feb. 9, 2001.

This may seem unimportant, but it presents a problem for the prosecutors’ star witness. McQueary claimed that the alleged shower rape he witnessed happened just before spring break in 2002. The prosecutors do not know who the boy was, so the charges related to McQueary allegations hinge on McQueary’s credibility. If the event actually happened a year before, that shatters McQueary’s credibility because that is a huge time gap. He was that off about when the alleged act happened, then he could misremember other key facts.

As a defense attorney put it:

Scranton defense lawyer Joseph D’Andrea, who is not involved in the Sandusky case, said the one-year time change may not affect the prosecution, assuming all other relevant facts remain consistent. He said recollections of dates over a 10-to-12 year time span are naturally imperfect.

“If all the other facts match up to be identical, I think it’s just an error without any harm for the prosecution,” D’Andrea said. “However, if there are other inconsistencies, it gives the defense a reason to create some doubt about the credibility, sincerity, honesty and true recollection of what McQueary had to say.”

Of course, no report on Sandusky would be complete without his attorney saying something:

Sandusky attorney Joe Amendola has maintained the 2002 date was incorrect. He has said a young man told him that he believed he might be the boy described in the shower allegation and that Sandusky had not abused him. Then, Amendola said, the young man got a lawyer and cut off contact.

Well, since Amendola has been so subpoena-happy, perhaps he will request that this young man appear in court to testify.


One thought on “Penn State prosecutors change the date of alleged rape

  1. Pingback: Sandusky’s trial begins today | Toy Soldiers

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