New court documents filed by prosecutors in the Jerry Sandusky child molestation case say one of their star witnesses has a change in his story, and it could impact the case against the two Penn State administrators accused of covering up the alleged crimes.
READ MORE: The Sandusky scandal documents
The filing says former assistant Penn State Football coach Mike McQueary was mistaken about when he witnessed Sandusky allegedly raping a young boy in the team’s locker room shower. McQueary said it happened the Friday before spring break in 2002. Now prosecutors say new corroborating evidence shows the incident actually happened February 9, 2001, 13 months prior.
McQueary will be a key witness in the case against Sandusky, because he claims to be an eyewitness of the alleged molestation. In Session’s legal experts say if McQueary’s story changes or is easily contradicted, it could hurt his credibility with the jury.
McQueary’s testimony and credibility are at the heart of the case against former Penn State Athletic Director Tim Curley and former Penn State Vice President Gary Schultz. Both men are charged with perjury and failure to report the alleged molestation to law enforcement.
Lawyers for Curley and Schultz say new date of the incident means the judge will have to throw out at least one count against their clients. Caroline Roberto and Tom Farrell issued a written statement “…Now, it is clear that Mike McQueary was wrong in so adamantly insisting that the incident happened the Friday before Spring Break in 2002. Whether or not Mr. McQueary's insistence was the result of faulty memory, or questionable credibility, there is no dispute that the statute of limitations has expired on Count Two, and it will be dismissed.”