today lawyers for both said mike mcquery never used specific words like intercourse or sodomy when he told his story to them back in 2002. here's what schultz's lawyer said after the hearing. >> i'm an italian from brooklyn and you may not have called the police. done what i would have done was get the boys in the car, a few baseball bats and take it to the fellow. actions speak louder than words. that didn't happen because mike mcquery never said such a thing to coach paterno or to my client. >> mcquery said he did not use graphic language with the administrators or coach paterno out of respect, but he was imfattic. there's no question that i conveyed to them that i saw jerry with a boy in the showers. and that there was severe sexual acts going on and that it was wrong and over the line. in secret transcripts revealed today, he didn't think a crime had been committed. why then did the same administrators report sandusky to his charity and take away his locker room keys, prosecutors asked? the activity was inappropriate, but not criminal. the administrators told grand jurors. not eno

in large part thanks to mcquery. >> mike mcquery told all of you in open court today what he said, how specific he was, who he told it to and what he believed was going to happen. >> in fact, they were held. probable cause existed that a crime was committed. both shultz and curly are headed to trial. cbs news, harrisburg, pennsylvania. >>> you probably know him as rudy. tonight the former underdog of the notre dame football team that inspired a movie faces federal charges. the securities and exchange commission charge daniel rudy with securities fraud. the feds say that he and 11 others made $11 million in illicit properties by deceiving investors into buying stock in his sports drink company. they decided to settle. we'll be right back. laces? really? slip-on's the way to go. more people do that, security would be like -- there's no charge for the bag. thanks. i know a quiet little place where we can get some work done. there's a three-prong plug. i have club passes. [ male announcer ] now there's a mileage card that offers special perks on united, like a free checked bag, united club

the key witness, mike mcquery, that young coach who says he witnessed jerry sandusky raping a boy in a football locker room shower. scott broom was there for the disturbing and graphic testimony. >> mike mcquery testified he was shocked not thinking straight and distraught after he saw former coach, jerry sandusky raping a boy in a locker room shower in 2002. i believed jerry was having sexual intercourse with him, mcquery testified, saying he was witnessing something he didn't want to see and didn't want to be part of. mcquery said when he told penn state coach, joe paterno the next mo

our scott broom was in the courtroom. >> mike mcquery testified he was shocked, not thinking straight and distraught after he saw former coach, jerry sandusky wap raping a boy in a locker room shower in 2002. i believed jerry was having sexual intercourse with him. he was witnessing something he didn't want to see and didn't want to be part of. when he told joe paterno the next morning, the coach was shocked and saddened and promised to tell his bosses. mcquery said he never used words like sodomy or rape in his meetings with paterno, quote, out of respect. there's no question in my mind that i conveyed to them that i saw jerry with a boy in the showers and there was severe sexual acts going on and it was wrong and over the line, mcquery testified. penn state athletic director, tim curly, and former university president stand accused of failing to report the incident to law enforcement and lying to a grand jury about what mcquery told them. quote, i got the impression there may have been some wrestling activities and sandusky may have grabbed the boy's genitals, schultz said. in secre

they also didn't have a chance to interview a key witness who was expected to testify today, mike mcquery, who would have told, according to the grand jury report, what he saw that jerry sandusky allegedly raped a boy in a shower room back in 2 2002. brooke? >> susan candiotti, thank you. next is alison kosik. here's my question for you. i guess probably the question that you'll pose to me, are we better off financially than mom and dad? the answer might depend on whether you're a son or a daughter. please explain. >> exactly. you're absolutely right. so the perception is, brooke, that it's tougher for women to get ahead of the world. that may not be the case anymore. there's a study out by a nonprofit group called young invincibles. what they found was that women between the age of 25 and 34 make $1.17 more than their mothers did. men in the same age break are making 10 cents less than their fathers did 30 years ago. while women may be doing better than their moms, men are falling short at this point when compared to what their dads -- how their dads did, brooke. >> so then that begs the

. >> reporter: this started with what mike mcquery saw. did the assistant coach actually see jerry sandusky sodomize a 10-year-old boy in a penn state shower in 2002 or just hear what he thought was a sex act. according to an article in the patriot news, a friend of the mcquery family told the grand jury he spoke with him on the night of the alleged incident and that mcquery said he never saw sandusky having sex with a boy. >> mcquery is the only eyewitness. >> reporter: penn state students rioted when joe paterno was fired. he insists mcquery never saw it. >> these allegation are false. i didn't do those things. >> reporter: that will be the big issue during the preliminary hearing, put it star witness is deemed too inconsistent, that could jeopardize the case against sandusky. >> it is significant. if it's true that hey's giving these different account -- he's giving these different accounts, that's a problem. >> reporter: eight of the victims are expected to they have tomorrow. sandusky's lawyer said no plea negotiations have been held

mcquery should have been there. joe says, listen to what mike has to say. he's not there. why? paterno wanted to control the flow of information. >> buzz, you're right. >> and have this go away. >> we have discussed that. i've said to you i think it's far too serious a matter to play whisper down the lane. for one individual to assume responsibility for that version of events and pass it on to somebody else. to be a contrarian, i guess i could say because mcquery had so soft pedalled it that paterno didn't recognize what he had on his hands. i know you don't buy into that. >> i don't buy into that. i think, you know, paterno slumps into his chair, together to what was read into the testimony on friday. he slumps in his chair. he says to mcquery, i'm sorry you had to see that. mcquery must have told him something. he did not use the words anal intercourse out of respect to the coach. obviously paterno saw something disturbing. it seems to me, you get the eyewitness, you get mcquery assay, look, this is what mike saw. >> kathleen, what stands out from friday? it was an incredible

sara, other than these ten alleged victims, mike mcquery was the only witness we know about. what do you think this means, the two stories we have against sandusky? >> well, you know, for jerry sandusky's case, which is going before a preliminary hearing tomorrow, this is one piece of ten separate cases. this is one case out of ten. it's unclear if prosecutors in the last six weeks have found the boy that mike mcquery says he saw in that shower who could testify to whatever he says happened and would eliminate the need for mike mcquery to testify tomorrow. but where this really comes in as a big deal is for those perjury charges that are filed against those two penn state administrators, athletic director tim curly and vice president gary schultz because they're going for a preliminary hearing friday on perjury and failure to report charges and basis for those charges is that the grand jury found that mike mcquery's testimony was more credible than theirs. they basically believed mcquery instead of believing those men. if he's no longer credible as defense attorneys for those

. >> reporter: on march 1st, 2002, mike mcquery says he entered the locker room of the lash football building on the university campus and was surprised to see the lights on he told the grand jury he saw a young boy he believed about 10, being sexually assaulted by jerry sandusky, he then left the building and told his father what he saw the two then decided mcquery would tell head football coach joe paterno in the grand jury report there is no mention of a second person at the meeting between mcquery and his father but according to a report in harrisburg patriot news a family friend was there as well. the paper, quoting a source says the friend asked him three times if he saw anything sexual and three times, he said no. according to the source. if true the charges against former athletic director, tim curly and vice president gary shuttle may now be in question. both will facing charges of purgery and failure to report a crime. tomorrow morning jerry sandusky will face some of his accusers in what is expected to be a day long preliminary court hearing in addition to some of the youn

judge. >> let me ask you real quick paul we are running short on time but mike mcquery, said as the state's store witness in this case, -- star witness in this case using their words not ours, but seems the alleged victims, they will get the testify it seems a slam dunk they will get to send this case to trial but how much weight is on mcquery's testimony, and being the quote unquote star witness when so many others have come forward. >> he is the only one who claims to have either seen or heard, we will hear what he has to say, jerry sandusky engage in some kind of sexual activity with these young boys. opposite that, is the allegations from the young boys, so he is a secondary witness, if you will, that has come forward to say i saw this. so his testimony, is a very very important one. >>> i know you will keep track of things there. continue your blogging and updating go get your seat we will talk with you soon. >> okay steve. >> paul wagner live in belfont pennsylvania. >>> we are coming up on the 2 year anniversary of the haiti earthquake there is still so much more to do for th

five of his alleged victims are expected to testify and also former assistant coach mike mcquery. he told the grand jury that in 2002 he saw a young boy being sexually assaulted by jerry sandusky in a penn state locker room shower but the patriot news is reporting a different version of that story the newspaper quotes a source who says he came home after the incident telling his father and a family friend he heard sex sounds saw a young boy peak out of the shower and a male arm grabbing the boy and pulling him out of view minutes later he saw sandusky leaving in a towel. the friend said he asked mcquery three times if he saw anything, and he said each time he said no. because of that they urged him to contact joe paterno, and not police. joe paterno is recovering from a fractured pelvis he suffered at his house saturday night and being treated for illness. >>> thank you. >>> a funeral service to be held today for the virginia tech officer killed on campus last week officer crust was gunned down by ross ashley, it lead to a 4 hour lock down on campus. the burial service will follow

. >> for the first time mike mcquery spoke about the allegations that he witnessed jerry sandusky having sex with a child. he said he first heard noises coming from the shower, then saw sandusky standing behind a boy with his hands around his waist. he testified that while he was not 100% certain, he believed sandusky was molesting the boy. his testimony is key for those facing perjury charges. prosecutors said they lied to the grand jury about what he told them. legal experts said his testimony today was convincing and damaging. >> did he describe something that was necessarily a sexual act? >> his testimony may be contradicted by a family friend that says on the night the alleged abuse occurred he said he only heard noises. he is also facing criticism he didn't do enough to stop the abuse. he said he met with head coach joe paterno and said he conveyed to him what he saw. he said he saw an older person fond ling a young person and identified the man as jerry sandusky. paterno said he would pass his concerns to the right people and testified he contacted curlie. also testifying today mc

also on the stand, former assistant coach mike mcquery but his story may be changing he told the grand jury in 2002 he saw a young boy being sexually assaulted by jerry sandusky in a penn state locker room shower but in the patriot news they are reporting a different version of the story, the newspaper quotes a source who says mcquery came home after the incident telling his father and a family friend he heard sex sounds saw a young boy peek around a shower followed by a male arm grabbing the boy and pulling him back out of view moments later he said he saw sandusky leaving in a towel the friend said he asked mcquery any times if he had seen anything sexual mcquery responded no each time because of that response the source says a family friend and his father told him to contact joe paterno, and not the police. paterno you will remember lost his job as head coach of the football team last month in the fall out from this scandal, and sandusky is expected to be in court, at 8:30 a.m. tomorrow, we are going to have paul wagner there, he will be reporting not only on fox 5 news but on myfox

what can you tell us from what mike mcquery said and his demeanor? >> it was the first time mike mcweary spoken publicly after giving his grand jury testimony several months ago. as you mentioned, it was graphic and detail and still under oath. mcquery says that he saw and heard noises coming from that locker room on campus. the penn state campus in 2002. he said he witnessed after hearing noises in the shower room, he said that he saw jerry sandusky with a boy in the shower and said that he believes that jerry sandusky was molesting the boy at the time. he said he was shocked at what he saw. he left locker room immediately and called his father and sought advice if his father. his father said that he told him to contact joe paterno, of course, the head coach for penn state's football team. and he said that he had a meeting with joe paterno and then about ten days later he had a meeting with penn state officials. of course, tim curley and gary shultz. they are the penn state officials who are facing perjury charges here in miand mcquery's testimony i

mcquery should have been there. joe says, listen to what mike has to say. he's not there. why? paterno wanted to control the flow of information. >> buzz, you're right. >> and have this go away. >> we have discussed that. i've said to you i think it's far too serious a matter to play whisper down the lane. for one individual to assume responsibility for that version of events and pass it on to somebody else. to be a contrarian, i guess i could say because mcquery had so soft pedalled it that paterno didn't recognize what he had on his hands. i know you don't buy into that. >> i don't buy into that. i think, you know, paterno slumps into his chair, together to what was read into the testimony on friday. he slumps in his chair. he says to mcquery, i'm sorry you had to see that. mcquery must have told him something. he did not use the words anal intercourse out of respect to the coach. obviously paterno saw something disturbing. it seems to me, you get the e eyewitne eyewitness, you get mcquery assay, look thir, this is what saw. >> kathleen, what stands out from friday? it was an

mcquery said he saw that day when he walked into the locker room in march 2002. according to the grand jury report he says he saw jerry sandusky sexually abusing a 10-year-old boy. and he left distraught. he was shocked. and then reported it to joe paterno and then paterno told him to report it to tim curley and gary schultz. well, what this new witness, dr. jonathan drainoff, a friend of the family of mcquery says mcquery told him that night, the night of the incident was something very different. that he didn't see any sexual activity. he heard sex sounds in the shower. and he saw the boy emerging from the shower, an arm grabbing him back in then sandusky emerging from the shower in a towel. it's something less than what is in that grand jury report, and so therefore, this could undermine the case against curley and schultz. it doesn't, by way, absolve them of the moral obligation to do something when hearing about this. in terms of the legal case against perjury, it could be very significant. >> there's an aspect to this potentially, buzz. i mean, one person s

. >> mike mcquery was a great witness. he was very clear, very articulate, very sincere and very respectful. >> reporter: prosecutors also read from the joe paterno grand jury testimony. he said he had only seen sandusky with a youngster doing something of a sexual nature. paterno said he didn't push mcquery for details. he then press and never took any steps to investigate. defense officials hammered mcquery about why he never told the plus. he said, i thought i was talking to the police. now, al electric, the defense lawyers were frustrated because the judge wouldn't let them question mcquery on what they believe were inconsistent statements that he's made to other witnesses. but he they say once this case goes to trial, they will fully explore that and other issues about mcquery's credibility and they hope they are going to be able to get these charges dismissed. alex? >> the story is a long way from over. thank you, michael isakoff. >>> the senate vote is not the last word on the payroll tax holiday. lawmakers voted to

we're learning more today about what mike mcquery says he saw in the showers of penn state's football program. susan candiotti is at a hearing in harrisburg, pennsylvania. on the scene there. we have learned a lot this morning. we do need to warn our viewers here, some disturbing details coming out. susan? >> reporter: good idea to give people a chance if they don't want to hear this to perhaps turn away at this time, but it is disturbing testimony. it is the first time we're hearing directly from someone who said that he was an eye witness to an alleged sexual attack, a rape of a boy in the shower room. this is the assistant coach, mike mccareer ri, who at the time was a graduate student. he said he went into the shower room late at night in 2002 and testified that when he looked directly into the shower he saw, he says, jerry sandusky and a boy. mcqueary describes that the boy's hands were up against the shower wall shoulder height. mcqueary testified that he saw jerry sandusky with his hands wrapped around the boy's waist and that he had heard slapping noises going on in the shower

mike mcquery is the star witness. he says he told curly and schultz seen sandusky raping a boy. he testifies there's no question that he fully described what he saw. prosecutors say sandusky sexually accused ten young boys. he has pleaded not guilty to more than 50 charges. >>> back from the brink of a government shutdown. sources are now saying that democrats and republicans have reached a deal to keep the federal government running after midnight tonight. the house and senate, they're expecting to vote on that plan today. negotiators are still trying to agree on extending the payroll tax cut. if they don't, your taxes are going to go up by an average of $1,000. >>> republican presidential candidates are making their closing arguments to iowa voters. now the candidates met last night in their last debate before the iowa caucuses. some took aim at president obama. current front-runner newt gingrich found himself defending his conservative credentials. >> i think on the conservative thing, it's sort of laughable to suggest that somebody who campaigned with ronald regan and with j

. >>> penn state assistant coach mike mcquery is expected to testify today at a preliminary hearing for two former university officials. tim. >> caller: -- tim curley and r schultz, this in the sandusky case. >>> and a cold shutdown achieved at the daiichi power plant in fukushima. that means temperatures in the damaged reactors consistently remained below the boiling point. >>> novelist peterson grant add new trial after spending time in jail for the 2003 murder of his wife kathleen. a judge set him free saying jurors were misled about blood-stained evidence by a state investigator. >>> in a few hours barry bonds will learn his sentence for obstructing just kniss a federal investigation of sports doping. baseball's home run king faces 15 months in prison but could get probation, and home confinement. >>> that's the news you need to know to start your day. "american morning" is back after this. >>> welcome back to "american morning." we are less than three weeks away from the iowa caucuses, and as newt gingrich and mitt romney battle it out we're seeing more of the candidates' wives. mo