FILED 06 NOV 2015 11:43 p Civil Administration ‘A. STAMATO EXHIBIT F omit rer Perf CE ung Case ID: 131103195 Control No.: 15111035KLEINBARD LLC By: Steven J. Engelmyer, Esquire Identification No. 42840 By: Paul G, Gagne, Esquire Identification No. 42009 1650 Market Street, 46" Floor Philadelphis, PA 19103 215-568-2000 PENNSYLVANIA MANUFACTURERS’ ASSOCIATION INSURANCE COMPANY, Plaintiff, ‘THE PENNSYLVANIA STATE, UNIVERSITY and JOHN DOE A, Defendants, THE PENNSYLVANIA STATE UNIVERSITY, Plaintiff, v. PENNSYLVANIA MANUFACTURERS’ ASSOCIATION INSURANCE COMPANY, ____ Defendant. ‘THE PENNSYLVANIA STATE UNIVERSITY, Plaintiff, PENNSYLVANIA MANUFACTURERS” ASSOCIATION INSURANCE COMPANY, Defendant, {087043431} Attorneys for Pennsylvania Manufacturers’ Association Insurance Company COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA JANUARY TERM, 2012 CIVIL ACTION NO, 04126 COMMERCE PROGRAM COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA NOVEMBER TERM, 2013 CIVIL ACTION NO. 03195, COMMERCE PROGRAM COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA NOVEMBER TERM, 2013 CIVIL ACTION NO. 03197 COMMERCE PROGRAM Case ID: 131103195 Control No.: 15111035PENNSYLVANIA MANUFACTURERS’ ASSOCIATION INSURANCE COMPANY'S ANSWERS TO THE PENNSYLVANIA STATE UNIVERSITY’S FIFTH SET OF INTERROGATORIES Pennsylvania Manufacturers’ Association Insurance Company (“PMA”) hereby responds to The Pennsylvania State University’s (“Penn State”) Fifth Set of Interrogatories as follows: PRELIMINARY STATEMENT PMA’s investigation and discovery in this action are continuing, and discovery from Penn State remains outstanding. Accordingly, all responses below are based only upon such information presently reasonably available and specifically known to PMA. All answers to the interrogatories are provided without prejudice to PMA’s rights to: (a) produce documents or other evideuce of any subsequently discovered fact or facts, or analyses not yet obtained or completed; (b) otherwise assert factual and legal contentions as additional facts are ascertained, analyses are made, and legal research is completed; and (c) arnend or withdraw any responses accordingly. PMA makes no implied admissions regarding the contents of the responses below. That PMA has responded or objected to an interrogatory in whole or in part should not be taken as an admission that PMA admits the existence of any facts stated or assumed by the interrogatory. PMA affirmatively states that the documents identified herein are referenced by way of example only. The fact that PMA has specifically identified some documents should not be construed to mean that there are no additional documents that support the responses provided. To the extent PMA’s responses below contain the names of alleged victims, they are to be treated as confidential. {oot704261) 2 Case ID: 131103195 Control No.: 15111035GENERAL OBJECTIONS PERTAINING TO ALL INTERROGATORI 1. PMA objects to Penn State’s interrogatories to the extent they seek to impose requirements beyond or inconsistent with the requirements of the Pennsylvania Rules of Civil Procedure, the Court's Local Rules, or any other applicable rule or Court order. 2. PMA objects to the interrogatories to the extent they request information or documents protected from discovery by reasons of the attorney-client privilege, the work product doctrine or any other applicable privilege or immunity. PMA reserves its right to withhold any attorney-client privileged, work product immunized, or otherwise protected information oF documents, Any inadvertent production of such information shall not be construed as a waiver of any privilege or protection. 3. PMA objects to the interrogatories to the extent that they are oppressive and unduly broad and burdensome. 4, PMA objects to the interrogatories to the extent they are beyond the scope of permissible discovery, seek information that is not relevant to the subject matter of this lawsuit, and/or are not reasonably calculated to lead to the discovery of admissible evidence. 5. PMA objects to the interrogetories to the extent they are vague, ambiguous and make response impossible without speculation, 6. PMA objects to the interrogatories to the extent they assume facts that do not exist or are incorrect. 7. PMA responds solely for the purpose of, and in relation to, this action, PMA’s responses to the interrogatories are made subject to any and all objections to competence, relevance, materiality, and admissibility that would require the exclusion at the time of trial of any statement and/or document produced in response to the interrogatories. PMA reserves its right to interpose any such objection atthe time of trial oos70434t 3 Case ID: 131103195 Control No.: 151110358. PMA objects to the interrogatories to the extent that they seek information or documents that are confidential of that contain or reflect private business or personal information, including confidential commercial, financial, proprietary, or personnel information. 9. Bach of the above stated general objections is incorporated by reference into each of PMA’s specific responses below. ‘TERROGATORIES 1. Does PMA contend that it may deny coverage for amounts spent by Penn State in connection with any of the following Sandusky claims: i xxi xxii xxiii xxiv, XXV. xxvi xxvii, xxviii, | Xxx, (oe7042491) 4 . Case ID: 131103195 Control No.: 15111035xxxi. xxii, rox xxxiv XXXV. xxxvii ANSWER: PMA incorporates by reference herein its general objections as stated above. Additionally, PMA objects to this interrogatory on the grounds that it is vague and ambiguous. Subject to and without waiving the foregoing objections, PMA states that the answer to this interrogatory may be derived from the reservation of rights letters sent by Sallyanne Donovan to Margaret Jenowiak in connection with the referenced Sandusky claitns, 2. IF PMA contends that it may deny coverage for amounts spent by Penn State in connection with any of the following Sandusky claims, identify all coverage defenses upon which PMA relies and state all of PMA’s bases for relying upon each such coverage defense: xiv. xvi xvii xviii. xix (aoe7082431 5 Case ID: 131103195 Control No.: 15111035xxi xxii. xxii xxiv. XXV. xvi xxvii xxix. XXX. xxxi, xxii xxxi xxiv, XXXV. xxxvi xxvii. ANSWER: PMA incorporates by reference herein its general objections as stated above. Additionally, PMA objects to this interrogatory on the grounds that itis vague and ambiguous. PMA farther objects to this interrogatory on the grounds that it is overly broad and unduly burdensome. PMA also objects to this interrogatory to the extent it calls for information protected from disclosure by the attorney-client privilege and/or work product doctrine. Subject to and without waiving the foregoing objections, PMA states that the answer to this interrogatory {os7o43401 9 6 Case ID: 131103195 Control No.: 15111035may be derived from the reservation of rights letters sent by Sallyanne Donovan to Margaret Janowiak in connection with the referenced Sandusky claims. Dated: July 30, 2015 KLEINBARD LLC AsLSteven J. Engelmyer STEVEN J. ENGELMYER, ESQUIRE #42840 sengelmyer(@kleinbard.com PAUL G. GAGNE, ESQUIRE #42009 peagne@kleinbard.com| One Liberty Place, 46th Floor 1650 Market Street Philadelphia, Pennsylvania 19103 Telephone: 215-568-2000 Telefax: 215-568-0140 Attorneys for Pennsylvania Manufacturers" Association Insurance Company (008704341) 7 Case ID: 131103195 Control No.: 15111035VERIFICATION 1, Kurt Schubl, hereby verify that { am Senior Vice-President and Chief Claims Officer for Plaintiff in this action, Pennsylvania Manufacturers’ Association Insurance Company (/PMA‘), that I am authorized to execute this verification on PMA’s behalf, and that the facts set forth in PMA’s Answers to The Pennsylvania State University’s Fifth Set of Interrogatories are true and correct to the best of my knowledge, information and belief. Uhereby acknowledge thet this verification is made subject to the penalties of 18 Pa. CS. § 4904 relating to unsworn falsification to authorities. Dae:_Dity 29.205. sy Meat L Sthab- ‘Kurt Schuh {04704061 | Case ID: 131103195 Control No.: 15111035CERTIFICATION OF SERVICE 1, Edward T. Butkovitz, Esquire, hereby certify that on this 30th day of July, 2015, 1 caused a true and correct copy of Pennsylvania Manufacturers’ Association Insurance Company's Answers to The Pennsyivania State University’s Fifth Set of Interrogatories to be served via first-class mail, postage prepaid, upon the following: Jerold Oshinsky, Esquire Linda Kornfeld, Esquire Natasha Romagnoli, Esquire Kasowitz, Benson, Torres & Friedman LLP 1633 Broadway New York, New York 10019 Attorneys for The Pennsylvania State University Patrick J. Wolfe, Jr. Esquire Narducci, Moore, Fleisher, Roeberg & Wolfe, LLP 589 Skippack Pike, Suite 300 Blue Bell, PA 19422 Aitorney for The Pennsylvania State University (sl Edword T. Butkovitz WARD T. BUTKOVITZ (0e7043401} Case ID: 131103195 Control No.: 15111035FILED 06 NOV 2015 11:43 pm Civil Administration ‘A. STAMATO EXHIBIT G Case ID: 131103195 Control No.: 1511110 1. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CONFIDENTIAL Page 183 IN THE COURT OF COMMON PLEAS PHILADELPHIA COUNTY, PENNSYLVANIA PENNSYLVANIA : JANUARY TERM, MANUFACTURERS! : 2012 ASSOCIATION INSURANCE COMPANY, Plaintifé, THE PENNSYLVANIA STATE : CIVIL ACTION UNIVERSITY, and : NO. 004126 JOHN DOE A, Defendants. ** CONFIDENTIAL ** THURSDAY, JULY 16, 2015 Continued Videotaped Deposition of KURT SCHUHL, was taken pursuant to notice, held at Law Offices of Saul Ewing, LLP, 1500 Market Street, Centre Square West, Philadelphia, Pennsylvania, on above date, at approximately 9:30 a.m., before Jeanne Christian, Professional Court Reporter-Notary Public, and Earle Strain, Video Tape Operator. Veritext Legal Solutions 212-279-9424 www.veritext.com CAse1H0-3434 103195, Control No. 1511103510 ad 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CONFIDENTIAL, Page 411 | factual record still being developed. He has certain decisions. I really don't understand your questions. Really, I don't know what you want him to say. Q. Well, we are sitting here today, discovery is not over, it will be shortly, right? You are aware of a discovery cut-off in this case? aA Iam. Q. PMA, in this January 28, 2014 letter and multiple other letters, has stated that there may be no coverage under any policy issued after May 1998, because PSU and the officers failed to disclose material information to PMA, right? A. Yes. Q. PMA has not yet concluded that this defense precludes coverage for Penn State for post '98 claims, right? A. Correct. Q. Based upon the existing factual Fecord, PMA is not yet in a position to decide one way Veritext Legal Solutions 2-279-9424 www. veritext.com CdRe1H03439 103195 Control No.: 1511103513 14 15 16 17 18 19 20 21 22 23 24 25 CONFIDENTIAL, or the other whether this exclusion app MR, ENGELMYER: Well, a: MS. KORNFELD: This exe precludes coverage? MR. ENGELMYER: He just answered that. BY MS. KORNFELD: Q. Is the answer yes? AL Yes. 2. Is that the same answer with resp the expected or intended exclusion? A. Yes. Q Is that the same answer with resp. the public policy defense? A. Yes. Q. If I can turn your attention to P. of the same letter, the January 28, 201 letter, there is a reference to, "The | claim may be excluded by the terms of t personal injury coverage in the 2005 po Do you see that? A. I do. Q. Have you personally conducted any investigation to determine whether this Page 412 lies? gain -- Lusion ect to ect to 4 age 8 | he | liey." Veritext Legal Solutions 212-279-9424 www.veritext.com (Cdse4A-3430 103195 Control No.: 15111035FILED 06 NOV 2015 11:43 pm Civil Administration ‘A. STAMATO EXHIBIT H Case ID: 131103195 Control No.: 15111035SUBMITTED TO: PERTAINING TO: PREPARED BY: EXPERT REPORT STEVEN J. ENGELMYER, ESQ. KLEINBARD LLC ONE LIBERTY PLACE, 46™ FLOOR 4650 MARKET STREET PHILADELPHIA, PA 19103, PENNSYLVANIA MANUFACTURERS’ ASSOCIATION INSURANCE COMPANY v. ‘THE PENNSYLVANIA STATE UNIVERSITY AND JOHN DOE A CASE NO. 120104126 COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY SEPTEMBER 8, 2015 RAYMOND WILLIAMS JR. NORTHPORT FINANCIAL, LLC 32 NORTH AVENUE EAST CRANFORD, NJ 07016 TELEPHONE (908) 276-3300 Page 1 of 8 CONFIDENTIAL Case ID: 131103195 Control No.: 15111035|. Introduction and Summary of Opinion | was retained as an expert witness by Kleinbard LLC on behalf of its client, Pennsylvania Manufacturers’ Association Insurance Company ('PMA\), in connection with a lawsuit pending in the Philadelphia County Court of Common Pleas under the caption Pennsylvania Manufacturers’ Association Insurance Company y,_ The Pennsylvania State University and John Doe A, January Term, 2012, No. 04126. Kleinbard LLC has requested my opinion and analysis concerning The Pennsylvania State University’s (‘Penn State’) failure to disclose certain information to PMA concerning Gerald Sandusky (‘Sandusky’) as it relates to PMA's underwriting process. In formulating this opinion, | have reviewed the documents identified in the attached Appendix "A." By way of background, | am a partner at Northport Financial LLC (‘Northport Financiat’), which is located at $2 North Avenue East, Cranford, NJ 07016. Northport Financial is a consulting firm specializing in insurance and risk management services. | obtained a Masters in Business Administration in Quantitative Analysis and a Bachelor of Arts in History from Seton Hall University, South Orange, Ni. Since entering the training program of United States Fidelity & Guarantee Company in 1975, my work experience has been concentrated in commercial account underwriting. Since 1978, | have held various positions with underwriting responsibilities for large account and program business. Management responsibilities have included underwriting operations and related underwriting support operations such as rating and administration. My experience includes desk underwriting or management of departments/divisions dedicated to large, complex commercial accounts and public entities with positions held at Custom Risk Solutions, American Reinsurance, Reliance National, Continental Insurance Companies, and the Home Insurance Companies, My experience underwriting large accounts has included direct or management responsibilities for Fortune 100 companies, large regional manufacturing and service including Institutions of higher learning. For companies, non-profit and public e Page 2of 8 CONFIDENTIAL Case ID: 131103195 Control No, 15111035the last five years, | have managed, on a contract basis, the underwriting operations of a large pool of public entities that includes nineteen colleges in its membership. In addition, since the establishment of Northport Financial in 2002, | have conducted or participated in more than 100 underwriting audits or due diligence reviews of insurance companies, managing general agents, or other underwriting facilties such as pooling arrangements and risk retention groups. Other Northport assignments have included the review and/or development of underwriting procedures and guidelines and operational reviews of underwriting facilties. | am currently a licensed producer in New Jersey and hold various non-resident licenses. in other states. My compensation for preparing this report is $310 per hour. A copy of, my resume is attached to this report. By way of summary, it is my opinion, stated to a reasonable degree of professional certainty, that: * Based on industry practice and my experience, and my review of the documents identified in Appendix “A," Penn State should have timely disclosed to PMA allegations, reports, investigations, and other information concerning Sandusky's inappropriate sexual contact with minors that it had received over the years, including: © report in 1976 by an alleged victim to Penn State Head Football Coach Joseph Paterno; © improper sexual contact between Sandusky and a minor in 1987 that was witnessed by Penn State Assistant Football Coach Joseph Sarra; © improper sexual contact between Sandusky and a minor in 1988 that was witnessed by Penn State Assistant Football Coach Kevin O'Dea; © a report by an alleged victim that was referred to Penn State Athletic Director Jim Tarman in 1988; ‘© @ report in 1998 by the mother of a young boy filed with the Penn State Police Department interpreted by high level Penn State officals as a possible sexual assault; and Page 3 of 8 CONFIDENTIAL, Case ID: Control No. 131103195 15111035© improper sexuat contact between Sandusky and a minor in 2001 that was witnessed by Penn State Assistant Football Coach Michael McQueary and h level Penn State officials, including Joseph reported to. multiple Patemo, Timothy Curley (Athletic Director), Gary C. Schultz (Senior Vice President-Finance and Business), and Graham B. Spanier (University President). * Based on PMA's conservative underwriting practices and general aversion to providing sexual abuse and molestation coverage, each item of information referenced above was material to PMA’s underwriting process, and had any of those items been disclosed, PMA would have refused to Issue subsequent policies, included certain endorsements in all policies, of taken other underwriting action to protect itself from any exposure to any claims of that nature. Background Founded in 1862, Penn State is a sophisticated institution with a broad range of unden“ziting exposures due, in part, to its twenty-four campuses, 17,000 faculty and staff, and 100,000 students. Its open campus policy encourages community interaction and increases the breadth of public liability exposures, PMA traces its roots back to 1915, Over the last 100 years, PMA has grown to become a broad based risk management company licensed and admitted in fifty states, PMA insured Penn State for years. ‘A. PMA’s Risk Appetite for Abuse and Molestation Coverage PMA is a conservative insurance company, particularly when it comes to the large account underwriting market. PMA is a member of the Insurance Services Office (ISO, an industry organization that uses statistical data collected from its members to provide services, promulgate rates, and design forms on behalf of its membership. While insuring Penn State, PMA utilized standard ISO-based General Liability policies that it modified with manuscript endorsement wording to provide specific coverage for Page 4 of 8 CONFIDENTIAL a Case ID: 1311031 Control No.: 15111035Penn State's operations. Within PMA, the use of manuscript endorsements was a well- controlled and highly regulated process. PMA’s status as a conservative insurance company is reinforced by its use of highly regulated underwriting processes, which are detailed in PMA's Underwriting Manual, PMA further controls the underwriting process by using clearly defined grants of underwriting authority for its underwriters, and a referral process for dealing with issues that exceed an underwriter’s authority. PMA thereby utlizes procedures designed to ensure that underwriting issues are addressed by PMA staff possessing the appropriate skill, experience, and knowledge. PMA’s conservative approach to insurance underwriting also is evident from its attitude: towards sexual abuse and molestation coverage. As reflected in the testimony of multiple PMA employees and various PMA documents, including a Technical Bulletin dated November 15, 1998, PMA was not an aggressive market for such coverage and it would not actively solicit such business. Rather, it would only consider offering abuse and molestation coverage when specifically requested by thé insured. Even then, such. requests were subjectto strict underwriting criteria that considered, among other things * Whether any allegations of abusemolestation have been made against the insured in the past; and * Whether the insured has a written program for training employees to: (1) recognize the signs and symptoms exhibited by victims of abuse/molestation; and (2) report incidents, suspicions, visible bruises, or other injuries. ‘The second criterion was especially stringent; without an acceptable written program for training employees in those areas, the risk would notbe eligible for coverage, B. The Renewal Process Generally, industry practice in large account underwriting utlizes annual policy periods. ‘The renewal process is the annual event whereby an insured submits information to the insurance company relating to the insured’s operations, exposures, controls, loss experience, and other relevant data essential to the underwriting process. The Page 5 of 8 CONFIDENTIAL Control No. | | Case ID: 131103 | 1511103:insurance company relies upon the submission to complete the underwriting process ‘and prepare an appropriate insurance proposal, If the proposal is accepted, an insurance policy is issued that represents the agreement between the insured and the insurance company. Each year PMA insured Penn State, the parties would participate in a renewal process. that would culminate in a submission from Penn State, a proposal from PMA, and a policy evidencing the agreement to extend the relationship for another year. Although a policy would officially be renewed in March, the renewal process typically started in October, at which time Penn State would begin submitting information to PMA for use in the underwriting process. As part ofits underwriting process, PMA would review Penn State’s reported exposures and losses, as well as Penn State's efforts to address exposures and mitigate loss activity. Ultimately, PMA relied on Penn State not only to report data, but also to effectively implement the policies and controls it represented as having established. I, Incidents of Improper Soxual Contact. on Sandusky and Minors Over the course of Penn State and PMA’s business relationship, the parties went through the renewal process numerous times. During that time, Penn State never informed PMA about any incidents or allegations of sexual abuse involving Sandusky and minors. Accordingly, Penn State failed to disclose the following: “a report in 1978 by an alleged victim to Penn State Head Football Coach Joseph Paterno; ‘+ Improper sexual contact between Sandusky and a minor in 1987 that was witnessed by Penn State Assistant Football Coach Joseph Sarra; ‘improper sexual contact between Sandusky and a minor in 1988 that was witnessed by Penn State Assistant Football Coach Kevin O'Dea; ‘© arepott by an alleged victim that was referred to Penn State Athletic Director Jim ‘Tarman in 1988; Page 6 of 8 CONFIDENTIAL Case ID: 131103 | Control No.: 1511103: 5 5‘+ a report in 1998 by the mother of a young boy filed with the Penn State Police Department interpreted by high level Penn State officials as a possible sexual assault; and ‘improper sexual contact between Sandusky and a minor in 2001 that was witnessed by Penn State Assistant Football Coach Michael McQueary and reported to multiple high level Penn State officials, including Joseph Paterno, Timothy Curley (Athletic Director), Gary C. Schultz (Senior Vice President~ Finance and Business), and Graham 8. Spanier (University President). Based upon my experience with and knowledge of the large account underwriting Industry, it is generally expected that a report of any of these incidents would have triggered underwriting action at most insurance companies. Depending on the company, an insurer may choose to address the issue in a number of ways, including but not limited to, excluding coverage, exckiding the operations, establishing strict underwriting criteria, or cancelling the account, In light of PMA’s conservative underwriting practices and general aversion to providing sexual abuse and molestation coverage, it 's my opinion that if any of these incidents had been reported to PMA on a timely basis, the exposure and loss potential would have been analyzed and addressed as part of the underwriting process. As a result, PMA would have refused to issue subsequent policies, made sure to include clear exclusions in all policies, or taken other underwriting action to protect Itself from any exposure to any claims of that nature, Regardless of the action that PMA would have taken, Penn State should have notified PMA of the incidents involving Sandusky on a timely basis, Penn State did not do that. Similarly, the incidents were never reported to Penn State's Risk Management Office, despite testimony from several Penn State witnesses that such incidents should have been reported to the department pursuant to policies and procedures established by Penn State, Penn State's failure to follow the policies and procedures it represented to PMA during the underwriting process were maintained by Penn State and to report these incidents to PMA materially undermined the underwriting process. Page 7 of 8 ‘CONFIDENTIAL Case ID: 131 1o31bs Control No.: 15111035,The foregoing represents my opinions stated to a reasonable degree of professional certainty based upon my experience with and knowledge of the insuranoe industry and the records | have reviewed. Page 8 of CONFIDENTIAL, Case TO: T31103195, Control No.: 15111035Appendix “A” Litigation Materials, 1983 Policy 1985 Policy 1991 Policy 1992 Policy, Abuse or Molestation Exclusion (PMA010631-PMA010633) 1992 Policy, Duties in the Event of Occurrence (PMA010585-PMA010586, PMA010593, PMAQ10598-PMA010601) 1996-1997 Loss Run Report (PMA060840-PMA080870) 1998 Policy, Duties in the Event of Occurrence (PMA006440-PMA006441, PMA006453) 1999 Policy 2004 Policy 2005 Policy Policy Underwriting documents (PMA010571-PMA010894) PMA Undenwriting Manual documents (PMA101381-PMA101548) Technical Bulletin dated November 15, 1996 with Accompanying Forms (PMA101549~ 101571) Penn State Policy AD39 and Related E-mails (Exhibit 6 to Michael Klein Deposition Transcript) Penn State Policy SY05 (PSU_Freeh 04380-PSU_Freeh 04381) "Case 1: T3T103T Control No. IS1110. | 95 35Report of the Special Investigative Counsel Regarding the Actions of the Pennsylvania State University Related to the Child Sexual Abuse Committed by Gerald A. Sandusky dated July 12, 2012 Confidential Intake Questionnaire (Exhibit 137 to John Doe 75 Deposition Transcript) Deposition Transcript of John Doe 75 (9/29/14) Deposition Transcript of John Doe 101 (11/21/14) Deposition Transcript of John Doe 102 (11/21/14) Deposition Transcript of John Doe 150 (10/13/14) Deposttion Transcript of Dennis Bogacyzk (6/12/14) Deposition Transcript of Meghan Buck (6/8/18) Deposition Transcript of David Emerick (4/1/14) Deposition Transcript of Margaret Janowiak (5/15/14) Deposition Transcript Michael Klein (1/15/14) Deposition Transcript of Gary Langsdale (5/30/14) Deposition Transcript of Michael Maguire (3/25/14) Deposition Transcript of Raymond Rocchio (6/4/15) Deposition Transcript of David Smith (10/29/14) Deposition Transcript of David Smith (11/20/14) Deposition Transcript of David Snowe (3/21/14) Deposition Transcript of Graham Spanier (5/29/15) Deposition Transcript of Michael Stephens (2/10/15) Deposition Transcript of Kenneth Williams (1/16/14) 2 j | | { ID: 131103195 Control No.: 15111035Transcript of Joseph Patemo Grand Jury Testimony (1/12/11) ‘Transcript of Graham Spanier Grand Jury Testimony (4/13/11) Transcript of Preliminary Hearing in Criminal Proceedings against Timothy Curley and Gary Schultz (12/16/11) ‘Transcript of Trial in Criminal Proceedings against Gerald Sandusky (6/12/12) Transcript of Trial in Criminal Proceedings against Gerald Sandusky (6/13/12) Alliance of American Insurers, Policy Kit for Insurance Professionals (1997-98 ed.) American Institute for Chartered Property Casualty Underwriters & Insurance Institute of America, The CPCU Handbook of insurance Policies (6th ed. 2005) Maleck, S. & Flitner, A., Commercial General Liability (3d ed. 1990) Pentz, M. & Evans, J., Obligations of insurer and Policyholder (2010) Case ID: 131103195 Control No.: 15111035Raymond Williams Jr. 32 North Avenue Bast Cranford, NI_07016 (908) 276-3319 _saywilliams@northportfinancial.com SUMMARY Executive with extensive experience managing commercial underwriting facilities for both traditional and alternative risk facilities. Often operated in dual capacity of managing line underwniting operations, while assuming home office responsibilities such as product development, creation of pricing and underwriting tools, and liaison to finance and actuarial operations. Strong track record with clients and producers. PROFESSIONAL EXPERIENCE, Northport Financial, LLC, Cranford, NJ Jan, 2002 ~Present Manager ~ Member Manager- Member of facility that provides insurance and risk management services. Clients include insurance companies, reinsurance companies, risk management departments of large corporations and tisk retention groups. Current and completed activities include underwriting audits; due diligence reviews, development of guidelines and procedures; archacological studies of prior contracts and insurance coverages; underwriting services on a contract basis. Custom Risk Solutions LLC, Princeton, NJ Nov. 1999 Nov. 2001 ‘Senior Vice Pre:ident ~ MACRO and Group Departments Managed the production, underwriting, and servicing of both large risk and multiple insured clients for individualized alternative risk solutions. Integrated the delivery of insurance products and related services of our investing partners" insurance and reinsurance mechanisms with other unbundled services, CRS GWP of {$103.0 million in 2000 which was first full year of operation. Harbor Underwriters Inc., Hoboken, NJ ‘Aug, 1998 ~Nov. 1999 Senior Vice President & Chief Underwriting Officer Developed and managed northeast agency operations, Harbor Atlantic Underwriters, developing new business initiatives, Operated as corporate resource for underwriting strategies; development of underwriting guidelines, procedures and pricing tools; conducted audits of existing operations and potential acquisitions. ‘Am Re Managers, Inc., American Reinsurance, Princeton, NJ Jan, 1996 ~ Aug. 1998 Vice President ~ Client Support Group ~ Insurance Operations (Dee. 1996-Aug, 1998) Managed staff of senior insurance executives in the coordination of the underwriting and servicing of insurance solutions with all Am Re Client Groups that utilized American Alternative Insurance Corporation. Also retained responsibility for direct production and underwriting activity. AAIC 1992 GWP $148.0 million. Vice President ~ Product Development & Regional Underwriting (Wan, 1996-Deo. 1996) for Insurance Operations Responsible for direct underwriting and production of alternative risk initiatives, for coordinating underwriting and delivery of insurance related solutions for Am Re Managers Client Groups, Worked with various support facilities on the development of insurance-based products and tools. {oosssaisivt} Case TD: 131103195 Control No.: 15111035Raymond Williams Jr. Page 2 Reliance National, New York, NY (Oct. 1987 — Nov.1995 Senior Vice President — Transportation Division (Oct, 1993 ~ Nov. 1993) Managed Divisional results for book of business with products for trucks, buses, limos, dealers and Non- Standard Auto. Re-directed Divisional resources to develop long-term profitable products DWP $95.0 million. First Vice President ~ National Risk (an, 1993 ~ Sept. 1993) Managed the Midwest Department. Responsible for underwriting and production of large primary casualty accounts. DWP $93.0 million, Vice President — National Accounts (Oct. 1987 - Dec. 1992) Managed the Midwest-Northeast Department. Responsible for the underwriting and production of large primary casualty accounts. DWP $60.0 million, Continental Insurance Companies, New York, NY (Oct. 1978 ~ Oct. 1987 Assistant Vice President — Special Risk Branch Manager (ay 1986 ~ Oct 1987) Managed the Special Risk book of business in the Eastern Region, The Branch’s staff of thirty underwrote, produced and serviced large casualty accounts. Annual premium exceeded $125.0 million, Assistant Vice President ~ Director of Underwriting & Production (Oct. 1983 ~ May 1986) Home Office underwriting officer - countrywide responsibility for all referrals exceeding branch authority Managed staff of senior underwriters who approved referrals and monitored brench implementation of policies and procedures. Conducted underwriting audits and other staff functions. Senior Risk Analyst ~ Special Risk (uly 1980 — Oct, 1983) Home Office underwriter. Reviewed and approved referrals from assigned branches. Monitored branch implementation of policies, programs and procedures. Risk Plarmer/Team Leader — Special Risk (Oct. 1978~ July 1980) Large account underwriter/supervisor responsible for underwriting, producing and servicing specific accounts. ‘The Home Insurance Companies, New York, NY July 1977 — Oct. 1978 Account Specialist (March 1978 ~ Oct. 1978) Large casualty account underwriter responsible for underwriting, producing, and servicing major commercial casualty accounts in the New York Branch, Assistant Financial Analyst ~ Insurance Operations Staff (uly 1977 ~ March 1978) Prepared written analysis of monthly production and profitability of product market segments; reviewed monthly field office variance reports, annual forecasts and budget. Assigned to special projects. United States Fidelity and Guaranty Company, Orange, NJ Nov, 1975 ~ July 197 Completed intensive underwriting trainee program and promoted to casualty underwriter to manage business from assigned agents. EDUCATION (o0seseisivt ) Case ID: 131103195 Control No.: 15111035Masters in Business Administration; Quantitative Analysis Seton Hall Graduate Business School, South Orange, NJ (1977) Bachelor of Arts, History Seton Hall University, South Orange, NJ (1973) Ceca) Case ID: 131103195 Control No.: 15111035FILED 07 DEC 2015 10:05 am Civil Administration (C. FORTE KASOWITZ, BENSON, TORRES &: FRIEDMAN LLP By: Jerold Oshinsky, Esq Linda Komfeld, Esq, Natasha Romagnoli, Esq. Admitted Pro Hac Vice 1633 Broadway New York, NY 10019 (212) 506-1700 joshinsky@xesowitz.com Ikomnfeld@kasowitz.com nnromagnoli@kasowitz.com NARDUCCI, MOORE, FLEISHER, ROEBERG & WOLFE LLP By: Patrick J. Wolfe, Jr., Esq. PA Attorney LD. No. 80871 589 Skippack Pike, Suite 300 Blue Bell, Pennsylvania 19422 (215) 628-3939, pjwolfe@bluebelllaw.com THEPENNSYLVANIA STATE =O) COURT OF COMMON PLEAS OF UNIVERSITY, PHILADELPHIA COUNTY, PENNSYLVANIA, Plaintiff, vy. ) ) ) ) ) NOVERMBER TERM 2013 ) CIVIL ACTION NO. 03195 ) ) PENNSYLVANIA MANUFACTURERS’ ASSOCIATION INSURANCE COMPANY, ) d Defendant, ) ee) PRAECIPE TO SUPPLEMENT/ATTACH, TO THE PROTHONOTARY: Kindly supplement The Pennsylvania State University’s Motion for Summary Judgment, Control No, 15111035, with the un-redacted Motion, Memorandum of Law and Exhibits G and H thereto. The attached documents are to be filed under seal pursuant to the Court’s December 4, 2015 Order, a copy of which accompanies this Praecipe. Dated: December 4, 2015 Patrick J. Wolfe, J Patrick J. Wolfe, Jr Attomey for Plaintiff ‘The Pennsylvania State University. Case ID: 131103195 Control No.: 15111035EXHIBIT G Case ID: 131103195 Control No.: 15111035CONFIDENTIAL Page 183 IN THE COURT OF COMMON PLEAS PHILADELPRIA COUNTY, PENNSYLVANIA | PENNSYLVANIA : SANUARY TERM, MANUFACTURERS ' 2012 ASSOCIATION INSURANCE COMPANY, Plaintiff, THE PENNSYLVANIA STATE : CIVIL ACTION UNIVERSITY, and : NO. 004126 JOHN DOE A, Defendants. | ** CONFIDENTIAL ** THURSDAY, JULY 16, 2015 Continued Videotaped Deposition of KURT SCHUHL, was taken pursuant to notice, held at Law Offices of Saul Ewing, LLP, 1500 Market street, Centre Square West, Philadelphia, Pennsylvania, on above date, at approximately 9:30 a.m., before Jeanne Christian, Professional Court Reporter-Notary Public, and | warle Strain, Video Tape Operator. Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 Case ID: 131103195 Control No. 1511103510 a1 12 13 14 15 16 a7 18 19 20 2a 22 23 CONFIDENTIAL factual record still being developed. He has testified that a court will have to make certain decisions. I really don't understand your questions. Really, I don't know what | you want him to say BY MS. KORNFELD: 2 Well, we are sitting here today, | discovery is not over, it will be shortly, right? You are aware of a discovery cut-off in this case? aA. Tan. ©. PMA, in this January 28, 2014 letter and multiple other letters, has stated that there may be no coverage under any policy issued after May 1998, because PSU and the officers failed to disclose material information to PMA, right? A. Yes. @. PMA has not yet concluded that this defense precludes coverage for Penn state for post '98 claims, right? A. Correct. | Q. Based upon the existing factual record, | PMA is not yet in a position to decide one way Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 Case ID: Control No.: 131103195 1511103510 a1 12 43 14 45 16 a7 18 19 CONFIDENTIAL, a) =| | | | ee ere ee) || un. ENOELMYER: Well, again -- | ee) eee peer) coe | MR. ENGELMYER: He just | answered that. | | BY MS. KORNFELD: ee meson | A to eee Re oe | 9. re that the same aneuer with respect to ee cerentey fe ee Q. If I can turn your attention to Page & { of the samo letter, the January 28, 2014 | | giain way be excluded by the terme of the | personal injury coverage in the 2008 policy." | Do you see that? A. rt do. | | 9. ave you personally conducted any inveatigntion to deteraine whether this | — Sa aiea9sine ea apasaaeso Case ID: 131103195 ntrol No.: 15111035EXHIBIT H Case ID: 131103195 Control No.: 15111035SUBMITTED TO: PERTAINING TO: PREPARED BY: EXPERT REPORT STEVEN J. ENGELMYER, ESQ. KLEINBARD LLC ONE LIBERTY PLACE, 46" FLOOR 4650 MARKET STREET PHILADELPHIA, PA 19103 PENNSYLVANIA MANUFACTURERS’ ASSOCIATION INSURANCE COMPANY v. ‘THE PENNSYLVANIA STATE UNIVERSITY AND JOHN DOE A CASE NO. 120104126 COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY SEPTEMBER 8, 2015 RAYMOND WILLIAMS JR. NORTHPORT FINANCIAL, LLC 32 NORTH AVENUE EAST CRANFORD, NJ 07016 TELEPHONE (908) 276-3300 Page 1of8 CONFIDENTIAL Case ID: 131103195 Control No.: 15111035|. Introduction and Summary of Opinion | was retained as an expert witness by Kleinbard LLC on behalf of its client, Pennsylvania Manufacturers’ Association Insurance Company (‘PMA’), in connection with a lawsuit pending in the Philadelphia County Court of Common Pleas under the caption Pennsylvania Manufacturers’ Association Insurance Company _v, The Kleinbard LLC has requested my opinion and analysis concerning The Pennsylvania State University’s (‘Penn State’) failure to disclose cert concerning Gerald Sandusky (‘Sandusky’) as It relates to PMA's underwriting process, In formulating this opinion, I have reviewed the documents Identified in the attached information to PMA Appendix “A. By way of background, | am a partner at Northport Financial LLC (‘Northport Financiat"), which Is located at 32 North Avenue East, Cranford, NJ 07076. Northport Financial is a consulting firm specializing in insurance and risk management services. ! obtained a Masters in Business Administration in Quantitative Analysis and a Bachelor of Arts in History from Seton Hall University, South Orange, NJ. Since entering the training program of United States Fidelity & Guarantee Company in 1976, my work experience has been concentrated in commercial account underwriting. Since 1978, | have held various positions with underwriting responsibilities for large account and program business. Management responsibilities have included ‘underwriting operations and related underwriting support operations such as rating and administration. My experience includes desk underwriting or management of departments/divisions dedicated to large, complex commercial accounts and public entities with positions held at Custom Risk Solutions, American Reinsurance, Reliance National, Continental insurance Companies, and the Home Insurance Companies, My experience underwriting large accounts has included direct or management responsibilities for Fortune 100 companies, large regional manufacturing and service companies, non-profit and public entities including institutions of higher learning. For Page 2 0f 6 CONFIDENTIAL, Case ID: 131103195 Control No.: 15111035the last five years, | have managed, on @ contract basis, the underwriting operations of cludes nineteen colleges in its membership. a large poo! of public entities that In adattion, since the establishment of Northport Financial in 2002, ! have conducted or participated in more than 100 underwriting ausdts or due dilgence reviews of insurance companies, managing general agents, or other underwriting faciftias such as pooling arrangements and risk retention groups. Other Northport assignments have included the review andlor development of underwriting procedures and guidelines and operational reviews of underwriting facilies. | am currently a licensed producer in New Jersey and hold various non-resident licenses in other states. My compensation for preparing this report is $310 per hour. A copy of my resume is attached to this report. By way of summary, it is my opinion, stated to a reasonable degree of professional certainty, that: + Based on industry practice and my experience, and my review of the documents identified in Appendix "A," Penn State should have timely disclosed to PMA allegations, reports, investigations, and other information concerning Sandusky’s inappropriate sexual contact with minors that it had received over the years, including: ‘0 areport in 1976 by an alleged victim to Penn State Head Football Coach Joseph Paterno; ‘improper sexual contact between Sandusky and a minor in 1987 that was «witnessed by Penn State Assistant Football Coach Joseph Sarra; © improper sexual contact betweon Sandusky and a minor in 1988 that was witnessed by Penn State Assistant Football Coach Kevin O'Dea} © a report by an alleged victim that was referred to Penn State Athletic Director Jim Tarman in 1888; ‘© a report in 1998 by the mother of a young boy filed with the Penn State Police Department interpreted by high level Penn State officials as a possible sexual assault; and Page 3 of 8 CONFIDENTIAL, Case ID: 131103195 Control No. 15111035©. improper sexual contact between Sandusky and a minor in 2001 that was witnessed by Penn State Assistant Football Coach Michael McQueary and reported to multiple high level Penn State officials, including Joseph Patemo, Timothy Curley (Athletic Director), Gary ©, Schultz (Senier Vice President-Finance and Business), and Graham 8. Spanier (University President) + Based on PMA's conservative underwriting practices and general aversion to providing sexual abuse and molestation coverage, each item of information referenced above was material to PMA's underwmiting process, and had any of those items been disclosed, PMA would have refused to Issue subsequent included certain endorsements in all policies, or taken other underwriting action to protect itself from any exposure to any claims of that nature. policies 1. Background Founded in 1862, Penn State is @ sophisticated institution with a broad range of underwmiting exposures due, in part, to its twenty-four campuses, 17,000 faculty and staff, and 100,000 students, ts open campus policy encourages community interaction and increases the breadth of public lability exposures. PMA traces its roots back to 1915. Over the last 100 years, PMA has grown to become ‘a broad based risk management company licensed and admitted in fifty states. PMA insured Penn State for years. A. PM's Risk Appotite for Abuse and Molestation Coverage PMA is a conservative insurance company, particularly when it comes to the large account undenmiting market, PMA is a member of the Insurance Services Office (180%, an industry organization that uses statistical data collocted from its members to provide services, promulgate rates, and design forms on behalf of its membership While insuring Penn State, PMA utilized standard 1SO-based General Liability policies that it modified with manuscript endorsement wording to provide specific coverage for Page 4of8 CONFIDENTIAL { ' Case ID: 131103195 Control No.: 15111035Penn State's operations. Within PMA, the use of manuscript endorsements was a well- controlled and highly regulated process. PMA's status as a conservative insurance company is reinforced by its use of highly regulated underwriting processes, which are detailed in PMA's Underwriting Manual PMA further controls the underwriting process by using clearly defined grants of underwriting authority for its underwriters, and a referral process for dealing with issues that exceed an underuriter’s authority. PMA thereby ullizes procedures designed to ensure that underwriting issues are addressed by PMA staff possossing the appropriate kil, experience, and knowledge PMA’s conservative approach to insurance underwriting also is evident from its atitude towards sexual abuse and molestation coverage. As reflected in the testimony of rmuliple PMA employees and various PMA documents, including a Technical Bulletin j dated November 15, 1996, PMA was not an aggressive market for such coverage and it would not actively solicit such business. Rather, it would only consider offering abuse and molestation coverage when specifically requested by thé insured. Even then, such requests were subject to strict underwriting citoria that considered, among other things: + Whether any allegations of abusefmolestation have been made against the insuredin the past; and + Whether the insured has a written program for training employees to: (1) recognize the signs and symptoms exhibited by victims of abuselmotestation; and (2) report incidents, suspicions, visible bruises, or other injuries, The second criterion was especially stringent; without an acceptable written program for training employees in those areas, the risk would not be eligible for coverage. B, The Renewal Process Generally, industry practice in large account underwriting utilizes annual policy periods. ‘The renewal process is the annual event whereby an insured submits information to the insurance company relating to the insured’s operations, exposures, controls, loss expetionce, and other relevant data essential to the underwriting process. The Page 5 of @ CONFIDENTIAL Case ID: 131103195 Control No.: 15111035insurance company relies upon the submission to complete the underwriting process ‘and prepare an appropriate insurance proposal, If the proposel is accepted, an insurence policy is Issued that represents the agreement between the Insured and the insurance company. Each year PMA insured Penn Stato, the parties would participate in a renewal process that would culminate in a submission from Penn State, @ proposal from PMA, and a policy evidencing the agreement to extend the relationship for another year. Although a policy would offcialy be renewed in March, the renewal process typically started in October, at which time Penn State would begin submitting information to PMA for use in the underwriting process ‘As patt ofits underwiting process, PMA would review Penn State's reported exposures and losses, as well as Penn State's efforts to address exposures and mitigate loss activly. Ultimately, PMA relied on Penn State not only to report data, but also to effectively implement the policies and controls it represented as having established II, Ineldents of improper Sexual Contact n Sandusky and Min ‘Over the course of Penn State and PMA’s business relationship, the parties went through the renewal process numerous times. During that time, Penn State never informed PMA about any incidents or allegations of sexual abuse involving Sandusky and minors, Accordingly, Penn State falled to disclose the following ‘sa report in 1976 by an alleged victim to Penn State Head Football Coach Joseph Paterno; «Improper sexual contact between Sandusky and a minor in 1987 that was witnessed by Penn State Assistant Football Coach Joseph Sarra; + improper sexual contact between Sandusky and a minor in 1988 that was witnessed by Penn State Assistant Football Coach Kevin O'Dea; ‘6 a report by an alleged victim that was referred to Penn State Athletic Director Jim ‘Tarman in 1988; Page 6 of 8 CONFIDENTIAL Case ID: 131103195 Control No. 15111035+ a report in 1998 by the mother of a young boy filed with the Penn State Police Departiment interpreted by high level Penn State officials as a possible sexual assault; and, 7 + improper sexual contact between Sandusky and a minor in 2004 that was witnessed by Penn State Assistant Football Coach Michael McQueary and reported to multiple high level Penn State officials, including Joseph Paterno, Timothy Curley (Athletic Director), Gary C. Schultz (Senior Vice President Finance and Business), and Graham 8, Spanier (University President), Based upon my experience with and knowledge of the large account underwriting industry, itis generally expected that a report of any of these incidents would have triggered underuniting action at most insurance companies. Depending on the company, fan incurer may choose to address the Issue In a number of ways, including but not limited to, excluding coverage, excluding the operations, establishing strict unclerwrting criteria, or cancelling the account. In light of PMA's conservative undermiting practices and general aversion to providing ‘sexual abuse and molestation coverage, it Is my opinion that if any of these incidents had been reported to PMA on a timely basis, the exposure and loss potential would have been analyzed and addressed as part of the underwriting process. As a result, PMA would have fefused to issue subsequent policies, made sure to include clear exclusions in all policies, or taken other underwriting action to protect itself from any ‘exposure to any claims of that nature. Regardless of the action that PMA would have taken, Penn State should have notified PMA of the incidents involving Sandusky on a timely basis. Penn State did not do that Similarly, the incidents were never repotted to Penn State's Risk Management Office, despite testimony from several Penn State witnesses that such incidents should have been reported to the department pursuant to policies and procedures established by Penn State, Penn State's failure to follow the policies and procedures It represented to PMA during the underwriting process were maintained by Penn State and to report these incidents fo PMA materially undermined the underwniting process. Page 7 of 8 CONFIDENTIAL Case ID: 131103195 Control No. 15111035“The foregoing represents my opinions stated to a reasonable degree of professional certainty based upon my experiance with and knowledge of the insuranos industry and the records | have reviewed. Page 80f 8 ‘CONFIDENTIAL | Case ID: 131103195 Control No.: 15111035Appendix "A” Litigation Materials 1983 Policy 1985 Policy 1991 Policy 1992 Policy, Abuse or Molestation Exolusion (PMA010631-PMA010533) 41992 Policy, Dutias in the Event of Occurrence (PMA010585-PMAO10586, PMA010593, PMA010598-PMA010601) 1996-1997 Loss Run Report (PMA060840-PMAQ60870) 4998 Policy, Duties in the Event of Occurence (PMA006440-PMA006441, PMA006453) 1999 Policy 2004 Policy 2005 Policy Policy Underwriting documents (PMAO10571-PMA010804) PMA Underwriting Manual documents (PMA101381-PMA101548) ‘Technical Bulletin dated November 15, 1996 with Accompanying Forms (PMA101549— 101571) Penn State Policy ADS and Related E-mails (Exhibit 6 to Michael Klein Deposition ' Transcript) Penn State Policy SY05 (PSU_Freeh 04380-PSU_Freeh 04381) Case ID: 131103195 Control No.: 15111035Report of the Special Investigative Counsel Regarding the Actions of the Pennsylvania State University Related to the Child Sexual Abuse Committed by Gerald A. Sandusky dated July 12, 2012 Contficential Intake Questionnaire (Exhibit 137 to John Doe 75 Deposition Transcript) Deposition Transcript of John Doe 75 (9/2914) Deposition Transcript of John Doe 104 (11/2174) Deposition Transcript of John Doe 102 (11/21/14) Deposition Transcript of John Doe 150 (10/13/14) Deposition Transcript of Dennis Bogacyzk (6/12/14) Deposition Transctint of Meghan Buck (6/8/15) Deposition Transcript of David Emerick (4/1/14) Deposition Transcript of Margaret Janowiak (5/15/14) Deposition Transcript Michael Klein (1/15/14) Deposition Transcript of Gary Langsdale (5/30/14) Deposition Transcript of Michael Maguire (3/25/14) Deposition Transcript of Raymond Rocchi (6/4/15) Deposition Transcript of David Smith (10/29/14) Deposition Transcript of David Smith (11/20/14) Deposition Transcript of David Snowe (3/21/14) Deposition Transcript of Graham Spanier (5/29/18) Deposition Transcript of Michael Stephens (2/10/15) Deposition Transcript of Kenneth Williams (1/18/14) 2 Case ID: 131103195 Control No.: 15111035‘Transcript of Joseph Patemo Grand Jury Testimony (1/12/11) Transcript of Graham Spanier Grand Jury Testimony (4/43/11) Tran:ript of Preliminary Hearing in Criminal Proosedings against Timothy Curley and Gary Schultz (126/11) “Transcript of Trial in Criminal Proceedings against Gerald Sandusky (6/12/12) Transcript of Trial in Criminal Proceedings against Gerald Sandusky (6/43/12) Reference Materials Alliance of American Insurers, Policy Kit for Insurance Professionals (1997-98 ed.) ‘American Institute for Chartered Property Casualty Underwriters & insurance Institute of ‘America, The CPCU Handbook of Insurance Policies (6th ed, 2005) Maleck,, S. & Flitner, A., Commercial General Liability (3d ed. 1990) Pentz, M. & Evans, J., Obligations of Insurer and Policyholder (2010) Case ID: 131103195 Control No.: 15111035Raymond Williams Jr, 32 North Avenue East Cranford, NI_07016 (908) 276-3319 s@northporffinancial.com SUMMARY Executive with extensive experience managing commercial underwriting facilities for both traditional and attemative risk facilities. Often operated in dual capacity of managing line underwriting operations, while fassurning home office responsibilities such as product development, creation of pricing and underwriting tools, land liaison to finance and actuarial operations. Sting track record with elients and producers. PROFESSIONAL EXPERIDNCE Northport Financial, LLC, Cranford, NJ Jan, 2002 — Present ‘Manager ~ Member Manager- Member of facility that provides insurance and risk management services. Clients include insurance companies, reinsurance companies, risk management departments of large corporations and risk retention groups. Current and completed activities include underwriting audits; due diligence reviews, development of fuidelines ané procedures; archaeological studies of prior contracts and insurance coverages; underwriting services on a contract basis. Custom Risk Solutions LLC, Princeton, NJ Nov. 1999 ~Nov. 2001 Senior Vice President ~ MACRO and Group Departments Managed the production, underwriting, and servicing of both large isk and multiple insured clients for individualized alternative risk solutions. Tntegrated the delivery of insurance products and related services of ur investing partners? insurance and reinsurance mechanisms With other unbundled services. CRS GWP of $103.0 million in 2000 which was frst full year of operation, Harbor Underwriters Inc., Hoboken, NJ Aug. 1998 ~Nov. 1999 Senior Vice President & Chief Underwriting Officer Developed and managed northeast agency operations, Harbor Antic Underwriters, developing new business initiatives, Operated as corporate resource for underwriting strategies; development of underwriting guidelines, procedures, and pricing tools; conducted audits of existing operations and potential acquisitions. ‘Am Re Managers, Inc., American Reinsurance, Princeton, NJ Jan, 1996 ~ Aug. 1998 Vice President ~ Client Support Group ~ Insurance Operations (Dec, 1996-ug. 1998) Managed staff of senior insurance executives in the coordination of the underwriting and servicing of insurance solutions with all Ama Re Client Groups that uilized American Alternative Insurance Corporation, Also retained responsibilty fr direct production and underwriting activity. AAIC 1992 GWP $148.0 million Vice President ~ Product Development & Regional Underwriting (an, 1996-Dee. 1996) ‘for Insurance Operations Responsible for direct underwriting and production of alternative risk initiatives; for coordinating underwriting ‘and delivery of insurance related solutions for Am Re Managers Client Groups. Worked with various support facilities on the development of insurance-based products and tools (oonasnsvt Case ID: 131103195 Control No. 151110385Raymond Williams Jr. Page 2 Reliance National, New York, NY Oct, 1987 ~Nov.1995 Senior Vice President — Transportation Division (Get. 1993 ~Nov. 1995) Managed Divisional results for book of business with produc's for trucks, buses, limos, dealers and Non- Standard Auto, Re-directed Divisional resources to develop long,-term profitable products DWP $95.0 million. First Vice President ~ National Risk (dan, 1993 Sept 1993) ‘Managed the Midwest Department, Responsible for underwriting and production of large primary casualty accounts. DWP $93.0 million. Vice President - National Accounts (Oct 1987—Dec. 1992) Managed the Midwvest-Northeast Department. Responsible for the underwriting and production of large primary casualty accounts. DWP $60.0 milion. Continental Insurance Companies, New York, NY Oct, 1978 — Oct. 1987 Assistant Vice President ~ Special Risk Branch Manager (May 1986~ Oct 1987) Managed the Special Risk book of business in the Eastern Region, The Branch’s staff of thirty underwrote, produced and serviced large casualty accounts. Annual premium exceeded $125.0 million, Assistant Vice President — Director of Underwriting & Production (Oct, 1983 ~ May 1986) Home Office underviting officer ~ countrywide responsibility for all refesrals exceeding branch authority. ‘Managed statf of senior underwriters who approved referrals and monitored branch impfementation of policies and procedures. Conducted underwriting audits and other staff functions. Senior Risk Analyst ~ Special Risk (duly 1980 ~ Oct, 1983) Home Office underwriter. Reviewed and approved referrals from assigned branches, Monitored branch implementation of policies, programs and procedures, Risk Plannerffeam Leader ~ Special Risk (Oct, 1928~ July 1980) ‘Large account underwriter/supervisor responsible for underwriting, producing and servicing speci ‘The Home Insurance Companies, New York, NY July 1977 ~ Oct. 1978 Account Specialist (March 1978 - Oct. 1978) Large casualty account underwriter responsible for underwriting, producing, and servicing major commercial ‘casualty accounts in the New York Branch. Assistant Financial Analyst — Insurance Operations Staff (uly 1977 ~ March 1978) Prepared written analysis of monthly production and profitability of product market segments; reviewed monthly field office variance reports, annul forecasts and budget. Assigned to special projects. United States Fidelity and Guaranty Company, Orange, NJ Nov, 1975 ~ July 1977 Completed intensive underwriting trainee program and promoted to casualty underwriter to manage business from assigned agents. EDUCATION (oonasetsvt) Case ID: 131103195 Control No.: 15111035“Masters in Business Administration; Quantitative Analysis Seton Hall Graduate Business School, South Orange, NI (1977) Bachelor of Arts, History Seton Hall University, South Orange, NI (1973) nessersit Case ID: 131103195 Control No.: 15111035FILED 08 DEC 2015 04:11 pm Civil Administration E, MASCUILLT Exhibit V. Case ID: 131103195 Control No.: 15111Margaret Janowiak 1 IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA PENNSYLVANIA MANUFACTURERS! : 3. ASSOCIATION INSURANCE, COMPANY, : 4 PLAINTIFF 2 CIVIL ACTION 5 vs. : NO. 004126 6 THE PENNSYLVANIA STATE : JANUARY TERM, 2012 UNIVERSITY and JOHN DOE A, = 7 DEFENDANTS : io Thursday, May 15, 2014 an a2 Deposition of MARGARET JANONIAK held at 13 Courtyard at the Marriott, 1730 University Drive, 14 State College, Pennsylvania, 16801, commencing at 15 8:37 a.m., on the above date, before Kelly M. 16 Johnston, Court Reporter and Notary Public in the 17 Commonwealth of Pennsylvania. 18 --- 19 20 ai 22 GOLKOW TECHNOLOGIES, INC. 23 877.370.3377 ph/917.591.5672 fax deps@golkow. com 24 Golkow Technologies, Inc. Case IPRS 103195 Control No.: 15111035 |10 aa 12 13 14 15 16 ay 18 a9 20 an 22 23 24 Golkow Technologies, Inc. Margaret Janowiak designated as the -- to testify in response to Exhibit 38, subject, of course, to objections. MR. GAGNE: Sure, thank you. BY MR. GAGNE: Q Ms. Janowiak, by whom are you employed? A ‘The Pennsylvania State University. Q And in what capacity? A Currently as the claims manager. Q Okay. And in what department are you employed? A The risk management department. Q And what does the risk management department do? A The risk management department deals with insurance, the procurement of insurance for the University, including Hershey Medical Center, contract review and approval system that we have; and as a part of, obviously, the insurance procurement, as a part of that functionality is then the claims, the claims reporting, incident reporting to this office. Q And can we agree that for a period of time beginning at least in 1976 to 2012, PMA issued general liability policies to Penn State? ~ Case Bgbs 1d. 03195 | Control No.: 15111035 |Margaret Janowiak 1 A Tcan -- I can qualify that to, I was -- I 2 started employment at Penn State in 1982. So as far 3 back as February Ist, 1982, I can agree to that. 4 Prior to that, T wasn't there. 5 Q Okay. And would it have been the risk 6 management department's part of that function to 7 submit claims to PMA arising from claims made 8 against Penn State University for liability? 8 A Yes. 10 Q Now, can we agree that this -- the case 11 that is the subject of this notice -- actually, the 12 three cases, because there are two cases in which 13 Penn State is a plaintiff and one case in which PMA 14 is a plaintiff -- that these cases involve Penn 15. State's claim for coverage from PMA arising from the 16 alleged sexual abuse of minors by Gerald Sandusky? 17 Can we agree on that? 18 A Repeat that one more time. as Q Yes. That this case that we're here today 20 to talk about involves Penn State's claims for 21 liability insurance coverage from PMA that arise 22. from the alleged sexual abuse of minors by Gerald 23. Sandusky? 24 A Yes. Golkow Technologies, Inc. CasedRel did 03195 Control No.: 1511103510 uw 12 13 4 as 16 uy aa 19 20 aa 22 23 24 Golkow Technologies, Inc. ___ Margaret Janowiak Q Okay. When did -- do you know when Penn State first learned of the allegations against Mr. Sandusky? A I don't know when Penn State first learned. Q Okay. Do you know when the risk management department first learned of those allegations? A No, I don't. Q Okay. Are you familiar with the allegations that in 1998, Mr. Sandusky was accused of showering with a young man who we have since learned was named ? Are you familiar with those allegations? MS. KORNFELD: Lacks foundation. THE WITNESS: Only because a complaint had been filed, we're in the midst of a current litigation, so that's their allegations. BY MR. GAGNE: Q Okay. Was the risk management department aware in 1998 that those assertions had been made regarding Mr, Sandusky? A ‘The risk management department, I have no idea. Case al GH 03195 | Contro} No.: 15111035 |Margaret Janowiak a Q = I'm sorry? 2 A No. 3 Q 1 didn't hear the end of your answer, I'm 4 sorry. 5 A oh, yeah, I'm sorry, Risk management 6 department, no. 7 Q All right. Are you aware of allegations @ that in 2001, an assistant football coach named 9 Michael McQueary observed Mr. Sandusky involved in 10 inappropriate sexual conduct in the Lasch Building 11 showers with a young man? a2 MS. KORNFELD: Lacks foundation. a THE WITNESS: Only as because of where we 14 are now, currently. 1S BY MR. GAGNE: 16 Q But as a result of claims having been 17 asserted, correct? ae A Well, claims having been asserted, yes. as Q And media reports, as well? 20 A Media reports, as well. 2a Q Okay. Was the risk management department 22 aware in 2001 that this incident had allegedly 23 occurred? 24 A No. Golkow Technologies, Inc Caseeyel 314 03195 Control No.: 15111035Margaret Janowiak 10 See 12 aa 14 4s 16 a 18 19 20 2a 22 23 24 Golkow Technologies, Inc. Q Okay. Now, I asked you earlier if you remembered when the risk management department learned of allegations against Mr. Sandusky. This letter ig dated November 10, 2011. Does that help refresh your recollection as to when you learned of the allegations involving Mr. Sandusky? A Yes. Let me clarify something for you. Q Bure. A When you said risk management, to me, that's the global risk management office. Q Okay. A Not everybody. Q All right. Fair enough. A Okay. Q You're here as a corporate designee, 80 when I ask -- A Oh, okay. Q = when I say the risk management office, I might mean, for instance, if you know -- if you knew of something on date X, but you know that Mr. Langsdale, for example, knew of it two weeks earlier, if I say the risk management department, I'd like you to provide the information about Mx. Langsdale if you have it. eee CE 103195 Control No.: 15111035 |Margaret Janowiak et Ié I say "you", I mean you, Ms. Janowiak, 2 and I'm going to try to keep that line -- if it's 3 not clear, please ask me to clarify. 4 A ft will. 5 Q 80 let me ask 6 MS. KORNFELD: And let me just clear it -- 1 WR. GAGNE: Yes. 8 MS. KORNFELD: Ms. Janowiak is here to 5 testify on behalf of the University with respect to io the areas of examination she's been designated on, 11 so not every area of examination requires her to a2 testify as to the University's knowledge. B MR. GAGNE: ‘That is correct. But we're 44 here to discuss claims, and this, I believe, is the as original notice of claim, so I certainly think this 46 is within the scope of this notice. a7 BY MR. GAGNE: | a8 © So, Ms. Janowiak, can you tell me with 19 regaxd to the information in this letter, which is 20 dated November 10, 2011, when you first learned that 21 there were allegations involving Mr. Sandusky and 22 the sexual abuse of minors? | i 23 A Tt was that weekend, whatever that date | | Golkow Technologies, Inc. CaseadYel 3d 03195 Control No.: 15111035Margaret Janowiak 1 Q It would have been just shortly before you 2 wrote the letter, then? 3 A yes. 4 Q Okay. Prior to the issuance of the Grand 5 Sury Presentment, did you have knowledge that there 6 were allegations involving Mx. Sandusky? 7 A No 8 Q Okay. So how did you learn of those 9 allegations? 10 A How are you defining "allegations"? a7 Q Well, there were certain allegations in 12 the Grand Jury Presentment, correct? 13 A Yes. u Q Okay. How did you learn of those? Did 15 you learn of them by reading the Grand Jury 16 Presentment? uy A Oh, yes. 18 Q Okay. You hadn't been told in advance 19 that this was something that was happening? 20 A No. a Q Okay. You were not aware of a Grand Jury 22 investigation prior to that? 23 A I was. 24 Q You were, And what was your knowledge Golkow Technologies, Inc. ‘Casedyel 31d 03195 Control No.: 15111035Margaret Janowiak 1 about the Grand Jury investigation? 2 A What I read in a newspaper article. 3 Q Okay. Had anyone at the University 4 provided any information to the risk management 5 department concerning the Grand Jury investigation? 6 MS. KORNFELD: Lacks foundation. 7 THE WITNESS: I am not aware of any. 8 BY MR. GAGNE: 9 Q Okay. Are you aware of anyone else in the 10 risk management department having knowledge of the 11 Grand Jury investigation prior to the date on which 12 you obtained such knowledge? 13 A No. u“ Q Who are the employees in the risk 15 management department, as of -- who would have been 16 the employees as of November 10, 20117 17 A November 10, 2011, so Gary Langsdale was 18 the University risk officer -- well, still is. Dave 19 Snowe, he is -- was the insurance manager. I was 20 the claims specialist title-wise. We had Richel 21 Perratti, who is the contracts coordinator. And 22 then I'm trying to remember if we had two support 23. staff assistants at the time or just one, I don't 24 recall. And then there was a contract staff support. Golkow Technologies, Inc. ~ Caseeiyel 3.03195 Control No.: 15111035Margaret Janowiak a Q And whose Complaint was that? 2 A I believe that's the subject of this 3 lawsuit. 4 Q John Doe A? 5 A Yes, or 6 o you can put that exhibit a aside. 8 Let me ask you, Ms. Janowiak, was this the 9 first time since you've been employed at the risk 10 management office at Penn State that allegations of a sexual abuse had been raised against Penn State or 12 one of its employees? 13 MS. KORNFELD: Objection, vague. a4 THE WITNESS: To my knowledge, yes. 15 BY MR. GAGNE: 16 Q Okay. Were you aware of certain 17 allegations that a Mr. made? 18 MS. KORNFELI Objection, vague. 19 THE WITNESS: Only in the current, because 20 we have litigation right now, yeah. ar BY MR. GAGNE: 22 Q In the current time frame? 23 A Current time frame, yes. 24 Q In other words, since November 2011, Golkow Technologies, Inc. Cased Gal Se 03195 Control No.: 1511103510 aL 12 13 14 15 16 17 18 19 20 21 22 23 24 Margaret Janowiak correct? A Yes, whenever that came about, yeah. Q You were not aware that he had made assertions prior to that date? A No. Q Okay. And you had never put PMA on notice of a claim involving sexual abuse of minors; is that correct? MS. KORNFELD: Objection, vague. THE WITNESS: Of minors? BY MR. GAGNE: Q Yes. A That's correct. Q Okay. Had you put PMA on notice of claims involving sexual abuse of anyone? MS. KORNFELD: Objection, vague. THE WITNESS: T don't know what all you mean by "sexual abuse". BY MR. GAGNE: Q By sexual abuse, I mean physical, physical sexual assault or other contact on a person. A Yes, we have. Q Okay. And can you tell me the circumstances of that claim -- that claim or those Golkow Technologies, Inc. Case yal SH 103195 Control No.: 15111035 I10 qn 12 13 a4 a5 16 17 18 19 20 21, 22 23 24 Golkow Technologies, Inc. Margaret Janowiak claims? A Don't quote me on the time frame because T can't remember when exactly it was, but we had a situation, a matter up at our Behrend Campus, which PMA has that claim, or had that is up in Brie claim; obviously it's resolved -- where a student working the front desk in a residence hall allowed an individual into the residence hall, and that individual ended up subsequently raping a student in her room. Q And a claim was asserted against Penn State as a result? A Yes. Q And you tendered that claim to PMA? A Yes. Q Did PMA defend that claim? A Yes. Q Do you know what court that claim was filed in? A Whatever Brie is, wherever Erie sits. I don't remember exactly. Q Well, was it state court or federal court, do you know? A I'm -- I don't know as I ait here. 777s Control No.: 151 03195 11035,FILED 08 DEC 2015 04:11 pm Civil Administration E. MASCUILLI Exhibit Y. | i i Case ID: 131103195 | Control No.: 15111035 |‘Timothy Curley IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA, 3. PENNSYLVANIA MANUFACTURERS' ) CIVIL ACTION ASSOCIATION INSURANCE 4 COMPANY, Plaintiff, JANUARY TERM, 2012 vs. NO: 04126 THE PENNSYLVANIA STATE 7 UNIVERSITY and JOHN DOR A, Defendants. CIVIL ACTION ee THE PENNSYLVANIA STATE 9 UNIVERSITY, Plaintifé, 10 NOVEMBER TERM, 2013 vs. an PENNSYLVANIA MANUFACTURERS! NO: 03195 12 ASSOCIATION INSURANCE COMPANY, 13 Defendant - 14 THE PENNSYLVANIA STATE ‘UNIVERSITY, CIVIL ACTION 35 Plaintifé, 16 NOVEMBER TERM, 2013 vs. uv PENNSYLVANIA MANUFACTORERS' NO. 03197 18 ASSOCTATION INSURANCE COMPANY, 19 Defendant. 20 a ‘VIDEOTAPE DEPOSITION OF TIMOTHY CURLEY TUESDAY, JUNE 23, 2015 22 23 GOLKOW TECHNOLOGIES, INC. 877.370.3377 ph/917.591.5672 fax m4 depsego?kow.com Golxow Technologies, Inc. Page 1 Case ID: 13110319, Control No. 1511103:Timothy Curley 7 Paez] Paget ‘Vteolape deposition OF TIMOTHY CURLEY, awitess | + COMMENCING 9:40 AM, i npanare te ‘THE VIDEO OPERATOR: We ar now on tbe ore ecord, My name je Scott Almendinger. fm the “videographer for Glkow Technologies. Toys date is Jano Ziel, 2015, and he tine is now 9:40 am, coe © Thiovidoo deposition is being held in 1 Pitsburg, Penngylvani, in the matter of the PA. 4 Manfuctuer! Associaton vermus the Penn State Reta (Sets ‘Univesity inthe Coit of Common Flea of ‘Fasiogal 10. Philadelphia. The deponentis Timotty Cutey. he ae Ah Foor 34 Counsel, plese identity yourselves. 2 Pa Pons 2 MR GAGNB: Pra Gagne ofleinbad, 12 i” hs 110, vena Mesuthonte! Associaton 5 gn SAPNA remnant ere eaeaere 4 Taswanee Company. . “eee nae ss MS, ROBERTO: Carolyn Robeito on bebalf ps ey Sate Soe Bo 26. of Timothy Cue. is aR aNESo 1 MS.KORNFELD: Linds Korafeld on belt eS Sentai com es Oneal ofte wins Tt Cue: 0TH VIDEO OPERATOR: The eoutrepaner ee Eee Roe ie 20 is Dutch Cameron ad will nw wearin the wtnor. Bo Raat Avene, pi TIMOTHY CURLEY, having been fist uly 0 Hes BE Heath 22 wom, was examined a tetifed as follows: 2 telenetogeomentt as EXAMINATION Ato promi Seo Abzadags Vidngapher be BY MR, GAGNE: Pages Tages @ oncmate wc, & cothtnee Wontar be tery ne ostomy rts fons Gorgon ‘SRowwcorenronim pte Sa ety arom Talore pt : tap ntact : Ec patigrecntan 20 | 7 im 54 |} (Whereupon, Curley BibitNo. 1 Sudpocoa was eanaesereer ferrin Se : rt yan oacN : SER oe OA Goo coynngte Bante te : ras alpmanr vanadate yt ee cries estes rete D> sco nt afin wel wept 9 ey ne Pete Sultzs¢, [a0 Philadelphia addres 25th location of the i Peels an P Sst pentagon wih if 15g, 2 cotta, oro ee ia Ftebuegh nde. Tm going 7 SaPtaia 42" fas to pve yous few insmcton, Mr. Ce. RB 15--Gand jy Report 161 ae tyeu dodtoarmy gusto, T wool Golkow Technologies, Tac- Page 2 Case ID: 131103195 Control No.: 15111035Timothy Curley ty roost or ell questions todey. And by agreement “with your counsel, itis acceptable that youuse a shortened version of that and we will undecstnd on ‘the rocord what youl be doing. Is that okay with Pena State? MS. KORNFELD: That's fine. ‘MR. GAGNE: Olay. BY MR GAGNE: (Q, And int it true thatthe head football coach at Pena Stat, Joseph Patemo, reported izetly to you a athletic director? ‘A, Tasgert my right fo remain silont under the, Fifth Amendment, MS, KORNFELD: And just so we'e clea, that's the shortened version? MR. GAGNE: Yes. lo ~ Paget Pased 2 adktbetyouaskine torepeatit: Ifyoudonotor | 2 MS. KORNFELD: Okay, 2 ifyou do not understand the question and domnetask | 2 ‘MR. GAGNB: And that is acceptable. 2. metoropbrase i Lill assume that youveheard | 3 MS. KORNFELD: Okay. 4 and understood the question, 1s that fir? 4 BYMR.GAGNE: 5 A. Yes, 5 Q. And the assistant football couch, Gerelé 6 Q Hyould like to tako a break at any time, Sandusky, also reported decly to you; isnt that 7 yout free todo eo, Twould just ask that younot | 7 comect? © aokiore break whilen question is pending; ie hat | 9 A. Lassectmy right to remain sient under the 2 ac? > Fi Amendment. ho A. Yes, 1x0, And you know and worked with former senior Iss. Okay. And you understand you's underoath 31 yice-president for finance and business, Gary 12 ere today is that correct? 2 Schulte, comeet? hs A. Yes. 33. A, Lassect my right to remain silent under the ke Q. Mr. Cusley, where do you curenly reside? [24 ith Amendment. a5 A. 201 Meadow Lark Lane, Boalsburg, 15 Q, Now, in May 1998 wasn't brought to your © Pennsylvania, 16 attention tha! the Pean State University Police were ln Q, And ave you curently employed? 17 investigating Gerald Sandusky afta mother eA. No. 118 complained about Sandusky’s conduct inthe Penn 12 Q. Youwere employed as tho ethletic dlector st |1 State showers with her son? 120. Peon State from 1993 to November of 2011? 20 MS KORNFELD: Objection; vague, lacks 2. A. Oatheadvice of my connsel Irespectilly [21 foundation, 122 decline to answer the question based upon my Fifth [22 BY MR. GAGNE: J22 Amendment right to remain stent. 23 Q, You cm answer. 24 Q. Andes athletic director, isnt it true tht lat A. Okay, Lassertmy right to romain silent Page aged 2 you reported diocty tothe present of Pean 1 under the Pith Amendment. 2. State, Grabam Spanier? 2 MS.ROBERTO: So if Teun just clarify 2A. Onthe advioe of my counsel Lrespectfully | 3 forte. Curley, when Ms, Komfeld objects, let bec 4 decline to answer the question based upon my Fifth | ¢ objec ist and then you answer. 5 Amendment right to remain silent, 5 THR WITNESS: Olay. 6 Q, Mr, Curley, Ivo lrendy discussed this with] © BY MR. GAGNE: 17 your attorney, I understand that itis your 7 Q, And it wae Me Schulte, wasn it that 6 Fnlcation to ssgort your Fifth Amendment privilege | 2 Srought that investigation to yout attention? . 5 MS.KORNFELD: Same objection. ‘A, Lassert my sight to remain silent under the Fifth Amendment, BY MR. GAGNE: Q And you were advised by Me, Seltz ofthe _progsesa ofthat investigation; werent you? ‘MS.KORNFELD: Lecks foundation ene amu. ‘A, Lessee my right fo remain silent under the Fifth Amendment. BY MR. GAGNE: Q, And Me, Schultz told you that Thomas Harmon, who was chief ofthe Penn Stato Police, was keeping him up to date onthe progress of that investigation? (MS.KORNFELD: Objection; vagve and Golkow Technologies, Inc. Page 3 Case ID: 131103195 Control No.: 15111035 |Timothy Curley Page TO lacks foundation, ‘A. Lasoedt my right to renin silent under the Fifth Amendment BY MR, GAGNE: , And you understood that in Mr, Schultze role at Peni Stato that he oversaw the Pem State Police Department? ‘MS, KORNFELD: Same objections. ‘AL Lassert my right to remain silent under the Fifth Amendment, hs BY MR, GAGNE: lk2Q, And you understood thatthe Penn State Police 13. Department was capable of performing 2 24 investigation into alleged sexual ebuse of «child? as ‘MS. KORNFELD: Objection; lacks 116 foundation, calle fr speculation and vague. 37 A, Lamertmy right to remain silent under the 8 Fifth Amendment 33 BYMR. GAGNE: 20 Q. And you understood that Mr, Schulz had a J22. concern thatthe university wes employing someone 22 who at least potentially was sexually abusing, 23 childcen within the athletic department; is that 24 comet Page id Second Mile, Jey picked up son atid invited to football locker rooms. Behavior at best ‘naporopcite, a worst sexual improprietes. (Over ia the second column about -lfway down it saya: Jery totale shower: Yin not undtossed, no other shower ~ looks ike it says four in here, shaxapoo. Jony came up behind and gavebim e bearhug, Said be would squeeze his ‘gs out, And then at the bottom ofthe righthand ‘column it says: Mother concemed something more. Kid tool nothor shower lastnight and this moming. id on or about May St May 4th, 1998, dd Wi Sohultz communicate this information toyou? ‘MS. KORNFELD: Tm going to object to ‘that question fie s lacking foundation as to ‘wheter thege ae Me, Schult’ notes, lacking foundation generlly, compound and vague, ‘A, Tasedt my right to remain silent unier the Fifth Amendment MR. GAGNE: And, Linds, Taow that you ‘ul be making similar objections on a routine basis ring this deposition. [just want to know for the BMA's position that at leat there ate Page TT MS, KORNFRLD: Objection; vogue and Inks foundation. |A. Tassot my sgh to remain lent under the Fifth Amendsent (Wkeceipon, Curley BxhibitNo, 2~ THmdwrten ‘Notes PSU-DORD-003754-003757, 00375, 02593 was sputke fo identification) 30 BYMR, GAGNE: 1 Q, Mi Coley, Ie had the court reporter bad x2 yor-whats been marked as Exhibit Cudey 2. Take [42 your ine, let me know when you've chance o Lok. jae tthe document las A. (Witness reviewing) Okay. is Q. Mi, Carey, do yon recogian these Jx2_hondwrten aoes a being ia Mr. Sb fs handweting? 29 A, Saseertmy tight to rein silentunder the 20 Fifth Amondment [71 Q, Now, on Page 1 isu date of Mey 4 1998, And 22h opesent fo you tht these are Mr, Sel’ 23 otes, and Mt. Scbite wrtss Woman. 11 and x alt 124 yoacoldson. Nittany Garden, Involved with Page ‘foundations for ll ofthese questions and in part there may bes foundational sue because of the, ‘witness's refusal to answer questions BYMR GAGNE: Q, Ifyou tum othe second page ofthe eoument, Mr. Curley? ‘MS, KORNFELD: Lobjectto the charseterization of Mr, Curley’s responses tothe questions. BY MR, GAGNE: Q. You see the heading thor, thee, indicating perhaps Page 3, Mr, Curley? Tesays: Mother asked his dad fo give hug, Had to be genital contect Deeause of size difference, ‘Do you see that, sic? A Yes. (Q, Did Mr, Schultz on or about Miry th, 1998, communicate to you that he had been provided that {information by Mr, Hisanon or anyone else? "MS, KORNFELD: Tim going to object to the question a lcking foundation as fo whether these notes say wht you jost read them to say. ‘A. Lasset my rightto ranein silent under the Fifth Amendment. Golkow Technologies, Inc. Page 4 Case ID: 131103195 Control No.: 15111035Timothy curley Page ta BY MR, GAGN®: Q, Ontte colun headed four it says: Ctcal jsno ~ contact with genitals. Assuming sine cexgorionce with Not Tim not sure wat ‘thenext words. Did Mi, Schult tell you ia May ‘of 1998 thet he believed he critical ise in investigating Me. Sandusky was whether he had made contact with a young bays genitals in the shower? (MS.KORNFELD: Vegue and iscks sx foundation ln2 A. Tassertmy right to romain silentunder the 13 Fifth Amendment, sa BY MR. GAGNE: 35 Q. 1ilike you totum tothe next page ofthe 6 document, Me, Conley? Again Tm going to ake you, 7 this appeas to bea separate note dated May Sth, [28 Do you rcopsize this as boing in Mr, Schules 28 andweting? 20. A, Laacertmy tight to main silent under the 21 Fifth Amendment 22 Q. Andi sys here Tom Harmon last evening. [23 Did Mi, Schultz tll you that onthe evening of May [26 4, 1998, he had had a conversation concering this Pages 1 Q Anditsays: Only change, added what 2 huppsned ia shower, emonstated on chai how lary 2 hugged ftom back, Honds wound abdomen aod doy to 4 thighs, Picked him up aud eld nat shower ead, 5 rinsed soap oot of eas « ‘On ar about Mey 5th 1998, id 17 Me, Shultz tell you that Me, Harmon hed 4 comeunieste that intermation to hi? 9 MS.KORNFELD: Objection; vague. 29 A. Laceedt my right orerain silent under the 3. Pith Amendment 2 BYMR, GAGNE: 23 Q, te like you to tom othe next page, plese. On what's masked a thee onthe left-hand 45 side a he bottom, itsays local eid abuse poole [6 mestng at 9 today to decide what to do. 37 not about Mey 5, 1998, dt 18 Mr, Schule tall you tat there vas going to boa 22 meeting of some sort with loca child abuse 20. suortes? 21 MS, KORNFELD: Vague, ovebroed, 122A. Lassert ny right to ean silent der the 2 Pith Amendment 24 BYMR, GAGNE: Page 15 incideat with Tom Harmon? ‘MS. KORNFELD: Lacks foundation and “vague. ‘A. assert my sight to remain silent under tho Fifth Amendiaeat, BY MR. GAGNE: Q, Did you, sir, speak at any time with Mir, Haron caucerning this investigation in Miay cf 19987 lio ‘MS. KORNFELD: Objection ~ same x2 objection. x2 A. Lessertmy right to remain silent under the 23 Fifth Amendment. ht BY MR, GAGNE: 5 Q, The motes road: Re: Interview, 1 end halt 3 year old, a ‘Did Me, Scholtz tell you that che Pou 110 State Police Department had interviewed the young 28 boy in question? 20 ‘MS, KORNFELD: Objection; vague, incks 121 foundation. 22 A, Lassatt my right to main silent vader the 23. Fifth Amendment. a4 BYMR.GAGNB: Pagel? 2 Q, On the column marked four on the rght-band 2 sdeit says: Bther way, ense worker felt they 8 would iterview Jeay. « id Mi, Schultz advise you tet Jerry 5 Sandusky was going to be interviewed by authorities © copceming ts matter 7 MS. KORNFELD; Objection; vague, lacks foundation, 9 BYMR. GAGNE: 20 Q, -enarabout May 5, 1998? 2A, Taser my right to reasin silent under the jaz Fifth Amendment. 23 Q, And thon bolow thet treads: Also this 34 opening ~ well, im not sue it says ~ is this 35 opening of Pandorals box; question muik. Other 25 ehildcen; question mari a7 aor about May Sth, 1998, did a2 ‘Me: Schott express to you his concern that there 1s might be othe children who were involved in 9 inappropriate cantact with Mr, Sandusty? 21 MS. KORNFELD: Objection; vagne ead 122 lacks foundation. 123A, Tnssect my sight to remain silont under the 28 Fifth Amendmert Golkow Technologies, Inc. page 5 Case ID: 131103195 Control No.: 15111035Timothy Curley “Pops 18 | Pagez0 2 -BYMR GAGNE: 1 Q, Did Me, Sct tl you tat he alt octet 2 Inelfeot Mr. Schultz was concert ond 2° Mr Hao ele hate station was complicated 2 expresed to you a conern gee Sandusky wes | 3 dueto the Second Mile? 4 involved in iappropita bchavir with chien; | ¢ —_-MS.KORNFELD: Objection; vague 5 aidan © A. Tessct my ight to xemain leat under the € —-MS.KORNFELD: Objection, vagueend | © Fith Amendment 1 ck fanation,overond, 7 BYMR. GAGNE: eA. Lani my ght to rman stent underthe | © Q. You're familia, ae you not, wit the Second 9 ith Amendment 5 Mile orgaciaton? no UYMR. GAGNE: 21 Q. Oathe woxt page, plese, also dated May Sth, 12 1998, Do you xesoguize these notes as being in las Mt, Schulizsndwrting? 24 A, Tasoort my right to main sleat under the 25. Fi Amendment. 26, Tho Gest bllet point there — well itsays Ik2 Tom Harmon 55/98, he Did Mi. Schulz tell you that ke hada 13 couveration with Mr. Harmon concesniag tis mator }20. on May Sth, 1998? Ja: MS. KORNFELD: Objection: vague. J22 A. Lastest my right fo remain sient under the }23 itt Amendment. las BY MR. GAGNE: “A, Tasiert my right to romain sileat under the Fifth Amendment, Q, And youve avase of Mr. Sandusky's ‘involvement with the Second Mile and with chitdsen ‘undec the parview ofthe Second Mil, coureet? ‘A. Lasseat my rghtto renin silent under the Fifth Amendment. And, in foc, the university ~ Ponn State ‘Univesity worked with and promoted the activities ‘of te Second Mile ent that comect? MS. KORNFELD: Lacks foundation and ‘vague. A, Lascet my right to remain silent under the “Fifth Amendment BY MR. GAGNE: Page Q. And the fst item says: Paychintist id make a report to child abuse hotline requiing 2 ith Amendoeat ‘ {© Q, Anthea cabon copy to Grabam Spier 5 BY MR. GAGNE: 5 intent cg, Mic Pahibt3 gentle beRepot | ¢ A. Tezumy ight remo lent undo the 4 ofthe Seca nvetgnive Cos Repu io | 7 Pith Amerdne. 1 Autos he ponte State Univnity Hela | #Q. Ann edion to adv you ofthe > tothe Cid exe Cild Serle > proms of investigation tet weve been ae estates A Suny. Preah Spon d& [10 lng boutn May of 199, Mr, Schultz ws eo ps Sulla, LL, ly 12,2012 Jeong Dr Spelr normed at ih? eee | | ay ean macau fo ie 3A. Yesertmy sight o rman int der tbe te A, Tasmtmyrightto rnin seats tie {34 Pith Arend is ith Amend fs BY.M. OAGND ne BY MB. CAGNE: re Q. Doyounow what Mi.~-Dt Speers 0. And yoo ava tht isis he 2 intrest wasn his mates? ie doen isonctinesrfiredtoretboFech x0 MS. KORNPBLD: Vague p> Rept stat comet? i> A. Laser gto renin let der be se a teotmy ight to remainslentende te (2 Pith Amend bith Amando BY MR GAGE: p>, DidMer ech ads tam atop p>, You sete on this acumen the Re: Line / 2 nevew you drng the cous of ie aay oe Puemo. Attho boo of he page a4 investigation? se saye st 4:24 pm, 5/5I98, Tim Carley wrote: Thave | eB ‘Page 23 “Page 25 | LA. Lasettmysightoseosinsieatundrthe | tke bat withthe conch Keep ut peed. | 2 ith Amendment. 2 Thanks, 3 Q, And, fe, yo dined to meet wi 3 teyoursndatading aby ho | 4 Me-Redsioit ator? 4 cca i Cay war fering o Couch Pin? | 5 Ess KORNFELD: Objetionlacs > A. Tasatray gt fo eosin ner | & fexadaton. © ith Ament | + A tasetmy ighto romain stent wndertto | 7 Q. He merefeing to Conk Pte; wise | © ith Aventneat 2 at > BY MR GAGNE: 3 ys. wonaerD: Laks fount. | oO, Weteunt at esto om, ne A Tammy ight to comin det der he | 12. be looking af the report, I'm going to bring your 3. Fifth Amendment, I }12 attention to cortain exhibits thet are attached to 12 BY MR. GAGNE: | reas eRcesiicar een | ae rte yout his inte 14 Ade Soto May Sy, 198, cw or sox 5:24 pn? 5 back, its Exhibit 2A on there ate numbers atthe [25 A. Lassert my right to remain silent under the | se boton, lene FRNEEREPORTOOOLT Fit Arendt Pn ped aplogis in advance Me. >, And wen youd toch br th oa, culky, wih someaftiesbiswih ke ech |: sisi yournd hence? 22 Report we have we haven't been able to locate a copy ‘hat has the cleaves type, but well do oor — the Dest we can, Exhibit 2A fo the Freeh Report isan. co-mal dated Wednesday, My 6, 1998, from Oaty Schulz to Tin Curley. Do yourecognize this as an ‘e-mail that Mr. Schulte sent to you on of about ‘MS, KORNFELD: Lacls foundation. A. Lassert my right foreman silent under the Fit Amendwent BY MR. GAGNE: (Q, What you diseased was the investigation of ‘the Gerald Sandusky resuling from this compat Golkow Technologies, Inc. Page 7 Case ID: 131103195 Control No.: 15111035Timothy Curley (Q, Isthove a partioulac reason, Dt. Cuiey, that you and Mr, Schultz were not wsing nares in the document but were referring fo th coach and the inavidual? MS, KORNFELD: Objection, vague and lacks foundation. ‘A. Lessest ray right to romain silent under the 36 Pith Amendment. 7 BY MR. QAGNE: J28Q. Wereat you, infact, trying to keep vague 9 what was happening? 20 MS, KORNFELD: Objection; vague and 22. acs foundation. 22 A. Lasso my right to remain sileat under the 23 Fifth Amendment. 24 BYMR. GAGNE: Tau oD soos ooS a le - Page z6 Page 1 ‘behavior inthe shower with a young boy; | 1 Q. Te like you totum, please, to Exhibit 28 a 2 tothe Freeh Report? Iteppears a couple pages 3 MS.KORNFEED: Objection; lacks 3 after that. Again, this is an e-mail chaia aromnd 4 foundation and vague. 4 the midale of tho page. Itsays, Tams 14 SAL Lassettmy right to remain silestuader the | 5 May 1998, ftom Gary C, Sebutt t Tisx Csloy. © Fifth Amendment. 4 Subject: Re: Jnr, 7 BYMR GAGNE: 7 ‘Did you receive this mail fom ® Q, And Mr, Schultz writes back to you: Will do, | @ Me, Schultz on or bout May 14, 19987 9 Since ws talked tonight I've eared that he public | 9 A, Lasser my right toremsin silent under the .o welfare people will interview the individual 10 Fifth Amendment, fax Thursday. 1 BYMR. GAGNE: ya ‘Did yon tale with Mf. Schutz on 22 Q, TMCH@pauedu was your e-mail eddress et Peon 3 May Sth ot May 6th conceming this matter? |, State; was itnot? sa MS. KORNFELD: Objection; vague, [24 A. Tasceré my sgt remain silent under tho 35 A. Lassert my ight fo remain silent under the 25 Fifth Amendment. 36 Fifth Amendment. ns Q, And ges2@psmedu was Mr. Schults exalt 7 BY MR. GAGNE: 7 address; was itnot. 38 Q. And did you eve an understanding that the [24 A, Tassett my sight (oven stent wader tho 25 public welfare were going ~ people were going to 29 Fifth Amendment. 20 interview someone regarding te matter? l20 BY MR. GAGNE: 2 MS.KORNFBLD: Objection; vague, [2 Q. And Me. Schultz wites to you: Tir, 1 22 A, Lasert my tight to remain ilest under the [22 undortand that « DPW person was her lst weck 23 igh Amendment. 123 Doct know for sue if they talkod to Jey. pe BYMR. GAGNE: aa ‘You understood that ferry was Jey : PageZT Page , And did you bave anusderstanéing thatthe | Sandusky, comect? individual to be interviewed was either theehild | 2 MS. KORNFELD: Question fais foundetion vvlo and been inthe shower or Coach Sandusle/? | 3 to whether this was actually writen by MS. KORNFELD: Objection; vigue and | 4 Me, Curley. lacks foundation. 5A, Tasgort my sight to remain silent under the ‘A, Lasser my right fo romaiasfentunderthe | $ ‘Fifth Amendment. Fifth Ameodment 7 MR.GAGNB: Actually, Lind, Tbslieve /BYMR. GAGNE: *- 9—-MS, KORNFELD: Or by Mir. Schultz, ‘MR. GAGNE: — was by Me. Schult, MMS, KORNFELD: Yee. BY MR. GAGNE: (Q, Bo you have an underatnding thatthe DPW, ‘the Department of Public Welfare, was investigating his matter? “MS, KORNFELD: Objection; vague. ‘A. Lasse any sight to remain silent under ths Fifth Amendment BY MR. GAGNE: Q, The next sentence sys: They decided tahave. child poychologit alco the boys sometime o7et the next weak. ‘Yor had eu understanding, dide't you, that in adtion fo the young boy whose tothe had Golkow Technologies, Inc. Page @ Case ID: 131103195 Control No.: 15111035‘Timothy Curley Bs Page 30 ccomplsined, there was another boy who potentially] * ‘had bes involved ia inappropriate contact with a ‘Me, Sanday? a (MS. KORNPELD: Objection; lacks 4 foundation. 5 th, Tosser ny righ to remain silent under the © Fifth Amendment. 1 BY MR. GAGNE: * 'Q, Someone as of May 14,1998, was conoemed | ° that one of mote boyemlghthave been sexually 10 abused by Gerald Sandusky and communicated that | ‘yous did they? jaz ‘MS.KORNPBLD: Objection: vagueend [19 lacks foundation as UA. Lasse my Hight to remain sifenturder ue 28 Fifth Amendment he BYMR. GAGNE: a ‘Q, Actually, Tshould have sted with below |" “Mr, Scholtes e-mail there's exe-mailitsaysat 29 2a pm, $1138, Tim Caley weet: Auytbog new |° fn this department? Coach s nxious to know where |? age MS, KORNFELD: Seme objeotons, 'A, Lasoesty right fo remain sient under the Fifth Amendment BY MR. GAGNE: {Q, Looking above the ist eam from i Stet rea, itsaye at 448 p30 ‘21/1998, Thomas Hazxoa weote: The psychologist fiom DPW spoke with he cla. They bave not spoken to bin, Teisatll my urdecstnding tha they Sntend to do his: Te also been advised that ey want to resolve this quickly, Did you have an undeestandiag on OF about May 13,1998, hata psychologist fom the Departmentof Public Welfare spoke with te eit ia question? ‘MS. RORNFSLD: Objection; vague. ‘A. asset my sight to comain silentunder the Fifth Amendeent. BY MR. GAGNE: , Dialyouave an understanding sit 8 to why “DPW wanted to resolve the matter quickly? 20 22 ibatands 22 MS. KORNFELD: Objection; vague. 23 ‘Did you send tht e-msil~ you sant A. Tassertmy ightto remain sleatunder the oa that email to Me Schultz on May 13, 1998; didatt [24 ith Amend Figesi ~ Pages X a BYMR. GAGNE: 2 MS,KORNBELD: Objection; lacks 2, An then Me, Shultz writes to Mir Harmon, 3 foundation. 3 Thusday, May 14, 1998, 8:55 am: Good, Tom. 4A, Tassett my right to remain silent under the 4¢- "Thanks forth update and T agree that we want +5 kafth Aroondment 5 resolve quickly, 5 BYMR.GAGNE: « ‘Did Mr. Scltz copy you on his e-mail +O, Andwhen you sid coschis anxious toknow | 7 of My 14,1958, 8:55 0mm? 2 amin yevierefarages CoxdkPatese; | € -MS.KORNFELD: OYjextion; compound at 9 werent you? 5: Tacks foundation. to -MS.KORNFELD: Same objection. 120A. Tassest my right to remain silent under the eA. Lasmectmy rghtto remain silent under the |*4 Fifth Amendment 22 Fifth Amendment. 22 BY MR. GAGNE: 2 BY MR. GAGNE: 2 Q, And do you know why Mr, Stilt wanted to (Q. Coach Paterno wan aware thats defensive 34 coordinnte, Gerald Sandusky, was being invetigeted ] 15 for possible sexual misconduct with cbildren, did't’ |*6 bet a7 ‘MS. KORNFELD: Objection; vaguoand —[+# acs foundation. as vA, Fssrtmny ight to remain silontunderthe 20 Fifth Amendment. a BY MR. GAGNE: 22 (Q, And you weee keeping Coach Paterno informed |79 ofthe progress ofthat investigation; weren't you? |?# resolve the mater quickly? (MS. KORNFELD: Objection; yoru. ‘A. Yoscert my right to remain silat wader tho Fifth Amendment ‘BY MR, GAGNE: {Q, Did yor also want to resolve the mstior quick’y? “MS, KORNFELD: Sums objetion |A. Lasseit my vightto sexsi ellent der the ‘Fifth Amendment. BY MR. GAGNE: Page 9 Golkow Technologies, Inc. Case ID: 131103195 Control No.: 15111035Timothy Curley Paget , Given tht this was en investigation involving a possible victim of child sexuat abuse, swasn'itmore important to conduct a thorough and 2 2 5 invostigaion? ‘Fith Amendment ho BYMR.GAGNE: Pages owadation, ‘A, Cassert mt rgt to remata silent under the ith Amendment. ‘coraplete investigation rather than x quick BY MR. GAGNE: Q. Did you ever leu whether the Department of ‘MS. KORNFELD: Objection; vaguo, lacks | € Public Welfare or miversity police hed « foundation, calls fr legal conclusion. ‘conversation with ML: Sandusky ducing the couse of ‘A. Lassert my right tp vemain sent under the this investigation? MS, KORNFELD: Objection; vague. A, Lassart my right to remain ilent under te x0. Why was tanother eight or ine days before jx Me, Schalke got beck to you? ln2 «MS, KORNFELD: Objection; lacks 13. foundation Ine A. Tassoctmy sigh to remain sileat under the 25 ith Amendment. 6 BYMR, GAGNE: 37 Q, Ms, Schllz writes: Tim, T dont bave an a dhe bd done thie with other children in the past? ‘MS. KORNFELD: Objection lcks foundation and vague. ‘A, Lesser my right to remain silent under the Fifth Amendment, BY MR, GAGNE: Q, And wes your ites your mderstanding, wasn't that the thi fo ad done with other children was engege in physical contact with 28 update at this point Just before I Tet for ‘2 vacation Tom told me that the DPW and-universty |2° children in the showers? 20 polioe services were planing tomeet with him, |2@ MS, KORNFELD: Objection; lacks [a2 Ml soe i this has happened and get back to you. |? foundation and vague. 2 Did-you eve an undeistindingthat the 22 A. Lassert my right to remain silent under the [23m was Jey Santusky/? 2 Fifth Amendment, lt MS. KORNFELD: Objection; lacks 24 BYMR GAGNE: nx Q. And wats the reason for wanting to conduct 13. Fath Amendment [32 a quickinvestigntion to protect the eputationand [22 BY MR, GAGNE: Ins image ofthe university and the university's 23 Q. Ieyon would tur: to the next exhibit ofthe 24 football teem? 24 Freeh Report, Me, Culey, Exhibit 2D on Page 1747 5 MS. KORNPELD: Objection; lacks any [25 Exhibit 2D is an e-mail from Gary Schulz to Thomas 36 foundation, vague, fs Hiarson dated Tuesday, Jone 9, 1998. Mr. Sut 27 A. Lassertmy ight to remein silent under the 27 says: Tom, you can ignore my casio e-mail uatess 38 ith Amendment. 0 you feo hat 70 should talk some moce bout this |12._ BY MR. GAGNE: > Thanks, 20 Q, Pike you to take a look atthe neat 20 (Mr. Schult’ ~ Mr. Harrnons nai 2+ exhibit, plorse. Exhibit 2C ofthe Freeh Report is [22 on June 1 appeats below and reads: Gary, the DPW 22 steo.an ens chai, To the top ofthe page 22 investigator and our offer met diseetely with 23 theres an e-mail dated Monday 8 Tune 1998, to Tim |23 Jey this morning. His eccount of tho alter was ot Curley from Gary Selultz, Andjuat below that it |26 essential the same asthe childs, He also Page 35 Passa | 4 appears that Mr. Shultz is responding fo you 2 indicated tht he bed done this wih other children 2 email of May 30, 1998, a which Tim Curley wrote: | 2 inthe past. 3. Any further updete? > ‘Did elther Mt, Hasmon or Mt: Schultz ‘ Did you see Me. Schultz for an update 4 copy you oa this e-mail of June 1, 19982 5 onarabout May 30,1998? 5 A. Lassort my right fo remain silent under the 6 —MS.KORNFELD: Objection; vague. 6 Fifth Amendment, 7A. Lassertmy sightto remain silentunder the | 7 BY MR. GAGNE: 6 Fifth Amendment, 5 Q, Was itcommuniosted to you on or ebout 9 BYMR GAGNE. © Juve 1, 1998, tht Jey Sandusky had fadicated that Page 10 Case ID: 131103195, Control No.; [5111035 Golkow Technologies, Inc.2 a Timothy Curley Page 38 Q, The last sentence of Mi, Harmon's e-mail of Tone { reads: He was a litle emotional and emotional and expressed concer as to how his bbebavior might have affected a child? ‘MS. KORNFELD: Objection; lacks foundation, ovesbrond and vague. ‘A. Lassett my right to remain silent under the Fifth Amendment. [BY MR. GAGNE: Q. Andif'you'e aware that Mr, Sandusly -dnited that he had engaged in physical contact swith boys in the shower in the past, as athletic irector of Penn State University ist that something that concems you? MS, KORNFELD: Objection leks foundation and vague, ‘A. Lassext my sight to remain silent under the Fifth Amendment, BYMR, GAGNE: (Q, Inn’ that comething that should have cconceined you, that an employee of your athletic Page] [MR GAGNB: Don't put that foo faraway, ‘ot Im going to ton this into another exhibit. [My apotogies forthe poor quality. This is the best we ean do, Iwill iry to read some portion of Crey 4 BY MR. GAGNE: Q. Mr. Catley, Exhibit 4 ie on the letierhead of Alycia A. Cbatsbors,2h.D,,Hewosed psychologist, is addeesed to Mr. Ronald Scheffler, Ceisinal Investigation Unt, the Pennsylvania Stato “University, dated May 7, 1998. "You were aware, were you net on ‘May’, 1998, that Me, Schreffler was en investigator ‘withthe Penn State University Police Department? ‘MS. KORNFELD: Lacks foundation A. Lossertamy right remain silent under the ‘Fit Amendment, BYMR.GAGNE: (Q, And Ms. Charbets mites: Dear ‘Me Scbrefer, encased are my notes regarding Dlenk ~ she's blanked the name of the young man. ‘out--and my talks with him and his mother sine= May 3rd, 1998. Do you see that, sx? hs Page sd department was engaged in such activity with chilécon? (MS. KORNFELD: Lacks foundation, vague and calls for opeculation ‘A, Taotect my sightto emai silent under the ith Amendment BY MR. GAGNE: (Q, Did you decide to take any action asa rest ‘of Me, Sandasly’s admission that ho had engaged ia such behavior with young boys in the shower? (MS. KORNFELD: Objection; vague and Jacks foundation. 'A, Tasott my right fo remain silent under the Fit: Amendment BYMR.GAGNE: Q. Hoot, why didnt you take any action? (MS. KORNFELD: Same objections ‘A; Lastestny right fo remain silent under the Fifth Amendimoat, ((Waeceupom, Curlay Exhibit No.4 ~Letter From “Alycia Chanbers, PRD. to Roald Schetilex “10D002555-002557 was marked for identification.) PagoaT ‘A. Lessertmy tight to emain silent under the Fifth Amendment (Q, And tu not going to read the entire document to you, bat Ei represent a you that Miss Chambers inthis lotr records her interviews with the young mn and is mother desoribing: “Me. Sandy's conduct in the shower in May 1998, ‘And you look atthe third page of te document, please? (MS, KORNFELD: I'm just going to object that the document spots for itself. There's no foundation as to whether itis in fact, authentic, BYMR. GAGNE: Q ffyou look atte third complete paregraph ‘a the las page itsays: My consultants egree? ‘Do you se that, ir? A, Yor Q. Itsays: My consultants agree thatthe incidents mect all meet all of our definitions ‘besed on experience snd education of likely ‘pedophile’s pater of building mst and gradusl inttoruction of physical touch within # context of @ Joving special relationship, One colleague who has hued contact wit the Second Mile confirms tht Golkow Technologies, Inc. Page i Case TD: 13110319. Control No.: 15111035Timothy Curley Pane ‘Mis. Sanduslyisreesonaby intelligent and, dus, could hacdly have fale to undesstand the way his ‘ehavior would be interpreted ifknown, His potion atthe Second Mile ard his intoest in ‘abused boys would enggot that he was likey t have “sad nowvedge with gad to child abuse and might even recognize ths behavior asx typicl pedophile ‘verte. ‘Do you see that, sir? ‘20 A, Taser sight to remain silent wader the st Fifth Amendment. 32 Q. Was iteommumicated ~ Jotme ask you. Did 3 you receive a copy of Miss Chanibers letter to [a4 Me. Schreflec on or about May 7, 1998? [15 A. Lossort my right to remain silent under tho (eh Amendment 17 Q. Whether you eceived this or not, Mr. Schultz 22 advised you, did he not, that Miss Chambers had 32 interviewed the young maa and concluded that the 20 incidont tthe patter of pedophile bebsvior? n MS, KORNFELD: The question is vague and 22. tacks foundation; objection. 23 A, Kassert my sight to remain silent under the 1 Fifth Amendment, 2 a6 Page Ir Sondusky. At the top ofthe page fs e-mail Fearn Gary C. Shultz Tim Cutty, copies to Graham Spier and’Thomas Hacmon, dite Tucxday, Tune 9, 1998, id you receive this e-mail fom ‘Mt, Selntz on ue 9, 19987 (MS. KORNFELD: The characterization tucks foundation. ‘A. Tapaetiny iat to remain sitentunder the ih Amendinent ‘BY MR, GAGNE: (. And Mt Sebulte writes to yous They mt ith Tenry on Monday and conclude there was no crirsnat Dehavior nd the matter wes closed es an vestigation, Ho-was# fit emotional end cxpresed conor as fo how this ight ave versely affeoted the child, think the mater ‘hasbeen apopsintely investigated aud T hope its ow behind us. ‘Did infact, Mi, Schultz commaaicte to you that in Jane of 1998 che Depatinent of Public ‘Wel bad interviewed andloc the nivecity police hud interviewed Jerry Sanday? (MS, KORNFELD: Question Inks 13. action with ogntd fo Mr, Sndualy sot tat trust lst MS. KORNFELD: Objection; vague acs 25 foundation, axgomentnve 6A. Lasoottmy tight to zemain silent under the 37 Fith Amendment jae BY MR, GAGNE: Ine, Telike youto teks a loa, please, back to 20. the Freeh Repot, Exhibit 25 on Page 176, Anton [21 -Page 176 aroand the midale ofthe page i the e-al 22 read ele ia which you asked Mi, Sele [as wither there was en update, and he told you that 24 “PW and university poli were planning fo meet with Golkow Technologies, Inc. Pages Pages 3 BYMR,GAGNB: 2 foundation. 2 Q, Soyouwece aware in Day of 1958, were you | 2 A, Lastest my right to romain silent under the 1 nof that a est one profesional had consed 23 Fifth Amendment 44 that Me, Sandusky vas, in fe, ongaged in, 4 BY MR. GAGNE: 5 pedophilio eivity with young boys? 5 Q. Agaio, Laskod you this oaier, but now it's ¢ -MS,KORNPELD: Objection; vagueand © nen e-mail to you. You understood that Mr. 7 tnoks foundation. 7 Sandasky bad expressed concer eso how his A. Tessertmy right fo remain silent under the behavior might have adversely affected the child; ‘9 Fith Amendment. 9 fant that comect? ine BY MR. GAGNE: lao MS, KORNFELD: Lacks foundation and lan. Andyetyoumd Me Schultzand Penn State [8% vague. 12 chose to disregard this information and tke no x2 A, Fassert my right to remain silent under tho 3 Kind Amendment BY MR. GAGNE! (Q. And, again, Mr. Schultz writes to you: 1 ‘think the matter has been appropriately investigated tnd {hope tis now behind it~ behind us ‘Weant the welfire of ho child involved wore isportant than geting the matter ‘bind Pena State University? "MS. KORNPBLD: The question lacks foundation, is vague and argumentative, ‘A, Lesset may sight to remain sifent under the Fifth Amendment, Page 12 Case ID: 131103195 ISL 11035 Control No.Timothy Curley ‘of foundation, ‘A. Lasser my right to remain silent uner the Fifth Amendment, BYMR GAGNE: 116 Q, And you toakna steps to prevent Mt, Sandusky 1x7 from showering with ehildren on camps in 1998; did 18 yout? lk» MS. KORNFELD: Objection; acks [20 foundation, vague. Jax A, Tassert my tight to remaia silent unde the 22 Fifth Amendment, la BY MR. GAGNE: 4 Q. Did you disuse with anyone employed by Fenn - Page as Page ae 2 BYMR. GAGNE: 4 Stef in 1998 whether Mr. Sandusky posed a danger fo 2 Q, After tho police close their investigation of | * children on campus? 3. Mi Sandusky in 1998, did you and yousnd/os | 2 MS. KORNFELD: Objection; age, 4 Mr Schultz or Mr, Paterno or anyone at Penn State | ¢ A. Tesset iy right fo remain silent under the 5 ake any further notion with respect fo 8 Fifth Amendment, © Mz, Sandusig/? © BYMR.GAGNE: v ‘MS, KORNFELD: Objection; overbroad, | 7 Q. Did you, personally, give ay thooght es to © vague aud lacks foundation, whether Mr, Sanday posed « danger to children on >A. Lasserémy sight fo remain silentunder the | 9 campus? fio Fifth Amendment. lho MS. KORNFELD: Objection; vague. ax BY MR. GAGNE: 2A, Tassert my ight to remain silent under the 2 Q, Ifnot, why not? 23. Fifth Amendment. 3 ‘MS. KORNFELD: Sane objections. 23 BY MR. GAGNE: Ls A. Tassertmy right to remain silent undorthe [24 Q. Wero,you eware in May of 1998 tht a minor is Fifth Amendment 28 had, some yents befor, fold Coach Paterno that he la BYMR.GAGI 6nd been somually assault by Gerald Sandusky’? n>. Weven'tyou concemed that even though the [27 MS, KORNFELD: Objection; vague 118 pole had decided that it wes not a riminal 0A, Taseert my right to remain lent under the 19 ater, that a coach on your football team wes [39 ith Amendment, ‘20. engaged in inappropriate bebevior with children? |20 BY MR. GAGNE: fas ‘MS, KORNFELD: Objection; vague, acks |21 Q. Were you aware that—in 1998 that axinor J22. foundation. 122 hed tld your predecessor ae sthlati director, fim >A. Tassertmy sight fo ream silentunder the 2% Tannon, that he had been sexuelly molested by Ces 24 Pifth Amendment l24_ Sandusky? Paget Page 9 1 BY MR. GAGNE: 1A, Lassert my rightto remain silent under the 2 Q, Did you tke any steps in 1998 to prevent 2 Fifth Amendment, 1+ Gerald Sandusky fiom continaing to have contsct with | 9 Q, Were you aware in 1998 that prior to May 4 moe? 4 of 1998 assistant coach Joe Sara had se=n Gerald 5 _-MS.KORNPELD: Objection; overbroad, 5 Sandusky in a sexvel positon with azuinor? © vague, © MS. KORNFELD: Objection; vagve. 2A, Leseestray rghtto omni silent under the 7A, Lassort mysight to remain silent wader the 4 Fit Amendieat, ® Fifth Amendmeat 9 BYMR GAGNE: 9 BYMR GAGNE: fe Q, You didnot take any such steps id you? 22 Q, You were eware in 1998, wore you not, that hz MS.KORNFELD: Same objections and lack [21 geveral football ooaches at Peau State were aware a2 x2 that Gerald Sandusky routinely showered with hs children? ‘MS. KORNFELD: Objection; vague and Jacks foundation. ‘A, Lassert my right o remain silent under the Fifth Amendment BY MR. GAGNE: Q, Subsequent to May of 1998, Gerald Sandusky setred as defensive coordinator of Pean State; is ‘that correct? “A, Tassert my right to remain silent nder the ith Amendiment, Q, And you wore personally involved, were you Golkow Technologies, Inc. Page 13 Case ID: 131103195 Control No.: 15111035Timothy Curley Page 50 not inthe negotiation ofthe terms of Me a Sandusky etirement? 2 ‘WS. KORNFELD: Objection; vague 2 ‘A. Tessert my sight to remain silent onder the ‘ ith Amendment, 5 (Whereupon, Curley ExhibitNo.S~E-msitfiom |? Gram Spates to Tim Cudey 1/20/1999 a ‘PSU-RREEHO000368 was marked for identiication) } ? px YM@.GAGNE: 2, Mr. Carey, te nextexhibitis an e-mai 12 is ftom Graham Speier to Tie Carley ated January 20, [29 s4 1998, Subject: Res Jey ss MS, ROBERTO: Tha sony. Ts this as 6 abit 5? hs 37 MR.GAGNE: Yes, Yes 7 jie MS. ROBERTO: Olay. BxhibitS. Thonk 28 as yoo. a9 20 A. Tbsieve you meant 1999. 20 ja. BY MR, GAGNE: a 22 Q. 1999, My apologies. January 20, 1999. laa 2s ‘Did you receive this esa from De. las 24 Spanier on January 20, 19997 a Page 55 (MS. KORNFELD: And that question lacks foundation. BYMR. GAGNE: 0, Wienyou wrote to Dr. Spanies that yoo needed to have Jos in support that was Coach Josephs Pater; was itnot? (MS. KORNBBLD: Question facks ‘oundation, ‘A. Taswet my sight to remain silent under tho Fifth Amendment, [BY MR, GAGNE: Q. Why dé Coach Paterno have fo bein support of areirement plan for Mr, Sandusky? (MS. KORNFELD: Objection; lacks ‘oudation, vague. ‘A. estest my right to remain silent under the ith Amendneat BYMR. GAGNE: Q By the way, I sbould have aaked you tis fist. Thive-wall fro you to De Spanice does concern the planed relirement of Mr, Sandusky; oes ‘toot? ‘A. Lasgert my right to remain silent nde the ith Amondment Page 37 2A, Lessett ny right to remainilent under the | > 2. Fifth Amendmeat a 3 Q, And. Spanier wits to you: Thanks. Let | § 4 mpeknow ifTean be help as this moves foxwatd. | 4 5 "Below that san e-mail fam you~ 5 6 fiom Tim Curley, Samary 19, 1999, as follows: 1 | & 7 Iagd good meeting with Jey today. He is ’ interested in going one more year and then 5 ‘transitioning tow spot that handles our outreach | % so pyogiam. We telked shout his benefits sitvation and ]:0 1 his expectations about sola. Ttold him that we |4* 22 necded to get with Billy about bis benefits and that. +2 23 T would take s look atwhat kind ofpositionwe 2 24 conld develop and how we mighthandle his stkary +4 is situation, Addiionelly, we need to have Jooin >= 36 suppost. [plan to follow up and will keep you in 26 7 the oop. PS, he isnot pleased eboutthe entire 27 28 situation, 8 you might expec 13 ‘Was it unusual forthe president of a 20 the univesity tobe involved in communications [2° with children? 21 separding the tetivement ofan asistant football 2% ‘MS. KORNFELD: Objection; lacks j22 couch’? 22 foundationand vague. in Yesott any righ fo emai ent under the [23 A. Tassecmy right to remain llentundos the [Fah Anenina Fifth Amendment Page SS Atths eud ofthe e-mail you say o Dr, Spanier: He is not pleased about the entire situation, as you might expect, ‘Why — wy was Coech Sandusky not pleased about the situation? (MS. KORNFELD: Objection; vague ‘A. Tessert my right to remain silent under the ith Amendment, BYMR GAGNE: (Q. Wes Coach Sandusky being foreed out of his position by the university? ‘MS. KORNEELD: Objection; lacks ‘foundation and vague. ‘A. Lasseet my ight to romain silent under the Fifth Amendtwent. BYMR. GAGNE: (Q. Was Mr. Saudusly being forced out of is position 1s an assistant football coach because of the invostigation of kim for insppropcate bebavior Golkow Technologies, Inc. Page 14 Case ID: 131103195 Control No.: 15111035 |Timothy Curley 20 A. Lacey sight to remain leat ur the hi Fit Amendneat j:2Q. Andthereea copy to, Schulte eal 23. adders conte? eA, Lasertmy right to remain lent ude the 35 Filth Amendmont las Q, This eval sted Jano 14,1999. Wee you 37. stl ovoid in Zune of 1999 in negotiations 38° coocerting Mr, Sasdusy’ reticent? 23 A, Tasertmy sight to rain sent unde he 20 Filth Amendment. 22, Insboutthothil sentence itsey: Joe did 2. give bm th option oconine to coach as log. a8 22 he was the cous Is that Foe Pateroo, si? 24 A, Lasser my tghtto rin silent unde the : Tagesd Pages a ue 4A Tosser sgh to remain sient unde the 2 (Whereupon, Ccey BxibitNo, 6—E-muil from Tian] 2. Fith Amenent | Suey to Gevham Spanir 614/199 PSU-*RFELIO0ONGT4 | 2 ue 4 wat atked for ientiestion) 1 (Wboreupoo, Caley Exhibit No, 7— E-mail fen Tin s wee Curley to Graham Speier 614/199 PSU-FREEHDOOCRGT 6 BYMR. GAGNE: © wee macked fr identiialion) 7 Q, Me. Cavey, BshibitGiean e-mail fie yoo 7 wee 1 to gspaiarpouda. That sr. Spans, © BY MR. GAGNE: 9 President Spanie’s emi adicess iit ott 2 Q, fi, Carey, Ahi ian eso om Tins Caley to gxpaner@ps.eda, copy to gA@psuedu, ated Mone, fuse 14,1998, Subjects Deny. And yourwrte: Uhnve touched base with Joe and we are in agreement that wo dhoald sot do auting more for “ery. Yen eng to met with him at 1:00 give tim the word. Thanks, In yout 6d you snd ee ema 0 Dr. Spanier on Jane 14, 19997 ‘A. eset my sght to remain leat under th inh Amendonnt (, Ande you tn Ft, touted tas wth Conch alero dizcssny rorement planing forJeny Sandusky? (MS. KORNAFLD: Otjectin; overboud and wage 4 Fifty Amendment, 2 Q Theneet sentonce rnd 1 withthe $20,000 enmity, but wanted to check to 2 4+ if'youfeol the same way. 5 ‘Why wore you not comfortable with a 5 $20,000 ancuity to Mr. Sandusky? 7M, KORNFELD: Objection; acs foundation. 9A. Lasser my sight to remain silent undor the 0 Pifth Amendment, ha BY MR. GAGNE: sa {Q. Toward the bottom ofthe page it says: We ‘need to respond to him ASAP since time is manning ‘ut, I need some help on tis one. ‘Thank you. “Why was — why wartime runoing out on ‘his mates, sic? 7 MS. KORNFELD: Objection, vague and jaa SY MR. GAGNE: [22 Q, Why wore you asking the president of tho 23 university for elp in stmctoing te retirement [24 plan for an essstat football conch? Page ST A. Tasoocany sight 0 resin silent under the ith Amendment. BYR. GAGNE: And could you tel nie what srt of demands or eqests Ma, Sesuky was making that you aad Coach ‘atomo aged would not be done? "MS, KORNFELD: Objestion lacks oantion end vague. ‘A. Laseert my rghto romain slot undes the Fifh Amendneat. (Wheseapon, Carley Exhibit No, 8 mail Hoot ‘Weadell Courney to Gary Schulz 1230/2010 PSU-DOED004722-004728 wes marked for ‘dotificaion) ‘BY MR. GAGNE: Q, The firstpage of Curley 8 i an eal from ‘Wendell Courtney to Gay Schulz ted ‘Tharsday, Deceasber 30,2010. Subject: J. Sandusky. 1M, Conrtaey writes: Gury, th attached isthe last ‘thing in my Penn State tore Sandusky. Thee is nothing garding te issues we disused. ‘Do you kno who Wendell Contac i Golkow Technologies, Inc. Page 15 Case ID: 131103195 Control No: 15111035‘Timothy Curley Page 8 ait ‘A. Laser my tg oven silent under the Figh Amendment. Q, fn fac, you wore avo, Were You no hat Mr, Courtony nn tomy a the firm of MeQuside [Basko mo ftom time to tie provide legal repreentation of Penn State? ‘MS, KORNFELD: Objeoton; ack Souadstion fie A Tassect my sight to rmain silent under the x Fifth Amendnent. 2 BY MR.GAGNE: la2 Tlie you ts kee ook atiienext = 24 actully, her’ document that asthe ~ 28 the 25 mumbets onthe bottom sight PSU-DOBD? 1 tiko you 6 tke ook at Page 4725 a7 A, Yew [se Q. Saya: Confident dt, ne 21,199. {19 There's a handwritten note onthe top: Pex T. ‘20. Custey meeting with 5, Tim Caley meeting with WV ax on6r2is. 2 ‘Did you meet with Jerry Sactosky in 23 June of 1999 to review deft retirement sgesment 26 with Me Sandusky? Page MS. KORNFELD: Objection; lacks ‘foundation and vague, ‘A. Lassect my right to rematn silent under the Fifth Ammendment, BYMR. GAGNE: (Q, Andis there a reason thet yourefised to agree to that request of be. Sandusky's? IMS. KORNFELD: Lacks foundation and ‘vague ‘A. Tassort my sight to remain silent under the Fifth Amendroent. ‘BYMR. GAGNE: Q. I lke to go back othe Prec Report, and specially Exhibit 3B. Tl point you to pags jing sccond. Its on Page 201. Letme know when ‘youve got to tha, A. Have it, (Q, Theresa typed document hee, appears tobe ated May 28, 1999, attention Tim Carey. And then on the second page i a signature of Jerzy Sandusky. ‘Do you recognize that on Page 202.28, Jeny Sandusky’ signature? ‘A. Lasoort my sight to remain silt uoder the Fifth Amendment. Pages 2A, Leevre ay sight to remain silent under the 2 Fifth Amendment 3 Q. And did you then moet with Mr, Courtey fo 4 review a daft retizement agreement for Mr 5 Sandusky? 6 A Tassart my right to remain silent undec the 7 Bifth Amendment. 8 Q Tumtothenext page, plosse. There's « 2 Paragraph 7 hate crossed out, which eads as xo follows: You end the univessty ares that public [22 comunanicatioas about each other will continue tobe 22 roitve after your rtiement on Jun 30, 1999, in 33. Keeping with the pale relationship between the parties ap ofthe date of this letter as ‘Do you recall het it was Me. 26 Sandashys request that commounications between 27 himself and the vaiversity would remain positive 28 after his etirement? 9A. Lassest my right o eomein silent undor the 20. ith Amendment, lax Q, Andis there areston— well i fot, tho laa rensoa Me. Sandusky made that request was toate to |23 his investigation by university police for poteotal 24 sexual abuse ofcildren; fet that correct? Page 6 Q. Ani id you raeve this dooument ans te lennveiten comnents rom Me Sandusky on oF about ny 18,199. May 28, 19992 ‘A. Taesormy sight orem silent under the Fifth Amendment. Mir. Sandusky wiles ~ of, by the way, a these your handwritten comoeats on these documents? ‘A. assert my sight o remain silent under the ith Amendment, (, Do yon know whate handle comments they rot ‘A. Cassestmy sight to remain silent under the Fith Amendment , The begiusing ofthe handwiten comments say “TMC. You are TMC; are you not? ‘A, Tasso my ight to remain lent under the Fifth Amendoent, Q, Mr, Sandusky writes to you: AsTstrogele swith the difoat decision ofa carer change, many actors enter my mind, Foremost, Tam concerned bout my mental healt, he financial security of ay family and mothe, andthe well-being ofthe Second Mile. Doyou know why Mr, Sandusy wes Golkow Technologies, Inc. Page 16 Case ID: 131103195 Control No.: 15111035 |Timothy Curley Page | Page Or] 1 comimuniceting to you in May of 999 that he was | 2 yoursignatuo, si? 2 concemed about his mental health? 2A. Lessert my rightto remain sfeat under tho 2 MS, KORNFELD: Lacks foundation, 2 fifth Amendment, ‘4A. Tessettmy ight to remain silent uadec the | question asa result of his investigation for 9. by Mr. Schultz and accepted by Mr. Sandusky; ist ‘x0 potential chitd sexual abuse? 30. that correct? js MS. KORNFELD: Objection; vague. |? MS, KORNFELD: Lacks foundation. 2A. Taggeat my right to rezonin silent under the 22 A. Tataoct my right to remain silt under the 5 Fith Amendment 11 Fish Amendment. a BYMR. GAGNE: pt BY MR, GAGNE: [us Q, Lator on the page Mr. Sandusky wate: 5 Q, Ifyou ook athe fst page of the sé However, thee ae questions that Tm strgeling to |26 document, 208, there's a finnncial sum boing answer, ead then ther’ this sort ofbae quote |27_ provided tos. Sandusky in Paragraph 1, fot 36 there, Whet impect will my retirement have on he |2# tickets in Parageaph , basesbel tickets in 12 Second Miles growth aud development? Cana |19 Peragraph 3. 120 roletionship be maintained between Penn State |?° 1 like you fo look at Paragraph 4. athletics andthe Seooad Mile? Ts there a way for [23 Itsays the univereity will prmit youto ase, et 19 ‘22 me to maintain visibility with Penn Stat? 2 chargo, «locker, weight rooms, fines feciities las in fect for sane time there had been [22 and trning room inthe enstaea Locker som 4 qrelationship betwoon Pena State and the Second |2 complex. This benefit wil continue fr the balance Pages : Paes 2 lin tht comet? 3 of yourliftine 2 -MS. KORNFELD: Lecks foundation, a Dic you apres to provide hat, whats ‘3A. Tasoutany sight to vemain silent under the 3 iste in Tem 4 here, to Mi Sendak ater his 4 Sith Amendment, « sroment? 5 BYMR.GAGNE: 5 A, Tessestmy rightto remain silent onder the 6 Q Me, Sandusky writes to your Lbelieve that 6 Fifth Amand. + Pena State football bas played asigaificntrolein | 7 _Q. Didyouhave any conoctn tht was 4 the foundation of the Second Mile. Additionally, inappropriate to give such acces tothe Pen State > the Second Mile hes promoted snd enhanced Penn State | 9 athe facilites toa former sistant cosch who xo foot 0 und been investigated for child sexual abuse? a ‘omer about May 28,1999, diéyou ove «fk MB. KORNFELD: TLecks foundation aud 32 ayreston to dimgice with those assertions of ar, ]22 vague, > Smadusty? 23 A. Tasoart my right semain sileat under tho lnc. Lesser my ight to romein sent under the 24 Pith Amendment. his Fish Amendinct is BYMB.GAGNE: J2e , Td.ike you to tu sis, fo Exhibit 3H 10 26 Q, Look atthenest page, plese. 1s o> the Fresh Report which son Page 208. Lotmetow [37 Pamagraph 6itsaye: Por a period of tn years Jxe when yout thes, pleas, 0 commeneing July 1, 1999, ad sabjct to renewal upon his A. Yes, 2» concurrence of bot pasties, you will be given en lao This exhibits dated June 29, 1999, J20 office anda phous ia te east rex locker oom 21 confidential, to Gerald A. Sandusky. Jo Re: 124 complex for purposes of the collaborative 2 Redienet prerequisten Andif you look atthe 422 eruagementsreferneed in No, 5 above las neat age, i it says appear tobe signed by jas ‘Why did Mr. Sandusky want au office on lea ‘Timothy M. Curly, dvestor ofatbletics. Te hat | the Penn State cuapar aftr his retirement? Goikow Technologies, Inc. Page 17 Case ID: 131103195 15111035 Control No.gvimothy Curley = Page 66 Pree 2 MS. KORNFELD: Objections lacks 1 BYMR GAGNE: 2 foundation. 2 Q And in act, that individual had admitted, 2A, Lassert my right o remain silent under the 3 atthe very Test, hat he had engaged in physical 4 Fifth Amendment 4 contact with cildren in the showers oa more than 3 BYMR. GAGNE: 5 one oceasion; had he not? © Q And did you, in fact you did, in fet « (MS, KORNFELD: Objection; vague and 17 agree to provide soch ma office to Mr. Sandusky; did | 7 tacks foundation © younot? © A. Tassect my right to remain silent under the 9A, Lessestamy «ght to remain lent under the 9 Rifth Amendment. xo Fifth Amendment, lho BY MR. GAGNE: st Q, And did yon have ay concer that it was hs Q, Afterherotred Mr. Sandusky was given I> inappropriate to provide office spacoto former 12 emeritus status atthe university; wasn't be? 2 coach who had been investigated for child sexual fA, Lessert my right to romain silent ender the Ine abuse? 4 Fifth Amendment 3s MS. KORNFELD: Otjection; vogue, 25 Q, That was unusual fora non instructional 26 A. Lassestmy right iotemsin alent underthe 26 employce of the university; wasnt i€? 37 Fifth Amendment. 37 ‘MS. KORNFELD: Objection; vagu, lcks so BYMR. GAGNE: 9 foundation. 29 Q. Paragraph 5 sats: Fora pevid of five 22 A, Tassectny sight to emein sileat under the 22 years commencing July 1,1999, sndsubjectto 420 ‘Fifth Amendment. 2x nowal upon concusrence ofboth parties, you and [21 BY MR. GAGNE: 22 the univenity gree to work collaboratively with [22 Q. And, in fact, Mr, Sandusky’s appointmeat as /2> eachother in the fate in community outreach _|29_emeritus had to be approved at the highest levels of 24 programs suchas the Second Mile nd other progsams |24 the univeritys dn’? Page 7 Page @ 1 Which provide positive visibility to the a (MS, KORNFELD: Objection; vague and 2 university's intercollegiate athletic program. 2 lacks foundation. a ‘You agreed to thet on behalf of the 3A. Lassert my right to emain silent under the 4 university, did youxnot? 4. Fifth Amendment 5 MS, KORNFELD: Objection; vague. 5 BYMR.GAGNE: 6 A, Tassest my right to remain silent under the | © Q, Ander his retirement, Mr, Sandusky 7 Fifth Amendment 7 continued to have sccess to all ofthe Penn State © BYMR.GAGNB: © Footbal eclte; iat he? > Q. Werethese plane subsoquently cauied out | 9 ‘MS. KORNFELD: Vague, lacks foundation, 20 botween Mr. Sendusky and the university? 20 A, Yasset my sight to remain sfent under the ss MMS, KORNFELD: Objection; vague, Jack of |22 Fifth Amendment 2 foundation. a2 -BYMR.GAGNE: 3A, Lessett my right to remain silent undec the 29 Q. And, again, it did — did it oven to you a4 Filth Amendment Ine chat it was inapproprints to give such access to Mr 35 BYMR.GAGNE: 15 Sandusky after ho had been investigated for child sé Q. And, egain, were you concerned at all that it [26 sexual abuse? 37 wes ingppropriate fc the university to work js MS. KORNFELD: Lacks foundation and 20 collebomatively with an assistant coach who only a 19 vague. 35 yar befire had been ivestigated for improper 29 A. Lessert my right to remain silent under the 20 for child sexual abuse? 20 Fifth Amendment. Bs ‘MS. KORNFELD: Objection; vague, lacks 2 BY MR, GAGNB: ]22_ foundation laa, After he retired there was nothing in place laa A. Tassertmy tight to main ileatunder the |23_ to preveut Mr, Sandusky fiom continuing to shower Fifth Amendment. l2e_ with minors on campus; in thet comtect? Golkow Technologies, Inc. Page 18 Case ID: 131103195 Control No.: 15111035Timothy Curley 7 Fuge “MS. KORNFELD: Objection; vague nd lack foundation, ‘A. Tassert my tight fo remaiositent under the ith Amendment BYMR.GAGNE: (Q, After he retired did you alert anyone in the sciploy ofPeon Stato to keep aa eye on Me. Sondsky ‘and watch for is behavior inthe showess with hilren? se MS.KORNFELD: Objection; vgne. 34 A, Lassert mg right to remain sifent under the 32 Fifth Amendment, 33 DY MR. GAGNB: 4 Q, You dide'tdo anything to monitor Me. Is Sandusky actvtios ator May of 1998; cid you? 36 MS, KORNFELD: Objection; vaguo and 1x7 tacks foundation. fie A, Lessestmy ight to main eleat under tho 8 ih Amendment. lao BY MR, GAGNE: 23 Q, You didnt goto the Second Mite in 1998 and [22 wam the Seeond Mile thet Mr, Sandusky was 23 potentially sexcally abusing chien, did you? lat MS, KORNFELD: Objectin; vague Page Tz ith Amendment. BYMR, GAGNE: 'Q, And io, was that deterioration ofthe ‘elationsip caused in whole orn prt by ME. Sundoakys behavior with hilo? ‘MS. KORNFELD: Same objections. ‘A. Tasseet my right to remain silent wader the Fifth Ameodeseat, MR. GAGE; Caroline, im going to be moving to differnt subject aren. Would this boa god time take five minstes? MS. ROBERTO: Sute. “THE VIDEO OPERATOR: Going off the record at 1047 2m. (irbereupon, a bret recess was tke.) “THR VIDEO OPERATOR: Back on the record 311035 am, BY MR. GAGNE: (Q. Mr. Curley, in February of 2001 Coach Paterno told you that an nesstart coach an his squad had seen Gerald Sanus inthe Lesch Building shower wrth young boy and thatthe asitant had been Paget 2A. Cossestmy sight to semain silent under the 2 Fh Amendment, 3 BY MR. GAGNE: 4 Q And ao one ele at Pean State wentto Second 5 Mile an edviod thom ofthe investigation of Mr. 5 Sandusky in 1998; did they? 7 MS,KORNFELD: Lacks foundation and 9 vague. 9A. Tassertimy sight o romain alent under the 0 igh Amendiont. Js: BY MR. GAGNE: 132. Were you awace that Coach Patezno made only a 3. token appearance at Me. Sandusky’ retirement pay? ha -MS.KORNFELD: Objection; vague, lacks 35 foundation. eA. Tassert my right to remain silent under the 27 Fig Amendment 28 BY MR. GAGNE: 28 Q. Atte ime that Mt, Sandusky rete bad, 420 infact, the relationship between Mt, Sandusky and 2 Cosh teen deteiorted? lz MS, KORNFELD: Vague an lacks 23 foundation. las A, Tastortmy sight to reroin silent under tbe = Pago 7 sade wacomfotable by whet he ed sean hat ‘cone? ‘M8, KORNFELD: Lacks foundation, vag, ‘A. Tassortmy tight to emai silent under he Fifth Amendment BY MR, GAGNE: (Aad hat asst coach was idenified to ‘yours Michael MeQueary; shat coreat? (MS, KORNEELD: Sane — wall acks founlatio. ‘A. Tassett my ight to ene silent wader the Fifth Amendment ‘BY MB. GAGNE: 1, And wnt cxaoy id Coach Paterno tll you when he told you aout this report fom Mt MeQueary? (MS. KORNFELD: aks foundation nd eens. ‘A. Lassertmy sight (o romain ilent ues the {Fih Amesément (Waeroupon, Caey BuibitNo.9 ~~ Trnsaipt of Proceudngs Commonweal ve, Gerald Sandusky Brom ‘ges 1, 187-300 was mace for ideation.) Golkow Technologies, Inc. Page 19 Case ID: 131103195 Control No. 15111035 }‘timothy Curley MeQucary, end on Page 204 Mi, MeQueary i deseribiog [25 Pe Page 7 | : see 1 BYMR GAGNE: 2 BYMR.GAGNE: 2 Q, Ifyou would tum to Page 208, please. On 3. Q, Mr. Cavey, Habit 10a potion of the 5. Page 208 there's a question: Olay. Did you over 4 teaseipt of proceedings ~ 4 tnko any other ~ and Ilse the expression, 8 5 THECOURT REPORTER: Exhbit9, 5 ifwe understand — any official action? Did you § ——-MR.GAGNE: Oy nite, Thask you «ever go 0 ~ did you goto the police or eny otbsr 7. BYMR GAGNE: * partis about what you had eoen? © Q. Criminal jury teal of Gerald Sendusky — . “Auswer, Tmy mind, yes, without 5 Comnorwealth vers Geld, Sandusky, dated 2 doubt lac ne 12,2042. And going to refer your 30 Question: What do yon mean by that? a2 tention topatieuar potions of thats, a ‘Answer. Ireceived a phone eal fom jaz Tete you wen to Pago 204, please 12. the Perm State athletic director, Tim Cusley, about a3 “And just othe reord, on Page 186 123 awedk after Thad told Coach Patetno. Ande said 4 this docomant dents te wites a= Michal + Iibd talked to Coach Paterno about what you have seen and Laat to have you come over tothe office and were going to taleto you about what you have x6. a eoaveston with Foeph Peano md Me. MeQueary |6 27 testified: Weed «couple job openings on tho 37 seen, 18 stafFand, you know, 1 det explain to hin why T se ‘Did you have that conversation with 15 was calling, Tid ey, you know, Cooch Paterno, |29 Mr. MeQueary? ao ive Mike MeQueary, ean Teome over and ikto you? 20 (MS. KORNEELD: Vague, lacks foundation. fat Andie sd, no, 1 aot giving you ejob. And ax A, Lassert my right to sein silent und the 22 sd, coach his inabowt someting very important, 22 Fit Amendment, las need tocome over snd seeyou. Sohesvi olay, |23_ BY MI, GAGNE: [24 you bots come over. a4 Q, And had you, in fact, taliced to Coach Peto ages rae 2 Question: Okay, And did you goto 4 about what Mr, MeQusaty allegedly had seen? 2 Conch Patemno’s home? 2 MS, KORNFELD: Vague end lacks 3 ‘Anewer Udi 3 foundation, 4 (Question: And did you tll hin what 4 AL Tossertmy right to remain silent under the 5 youd seen? 5 Fifth Amendment. 6 “Answer: Yor, Lhd told Nin ~ and £ © BY MR.GAONE: want to make uve Tin clea told him what hed | 7 Q. Question: And did you go ~ this is Tim 1 sven again on the srfkce, Imadegurshelmew-1 | # Curloy, yous? > mede sure he know i was sexual and that ft as > ‘Answer, Yes, the athletic director at so wroag ao there was no doubt sbout that, Taidnot 80 Penn State. }21 go into gross deal about the act ~ the acta pa ‘Mi. Curley, you were athletic direotor a2 act 1:2 at Penn Stee in Februny 2001; were you not? 33 Did Conch Patemo commasicatetoyou [13 A, Tassort my right to remain silent under the Ine in Febru 2001 that Mike MoQueary had fold Coach |14 Fifth Amendment is Patera tet he bad witnessed Gerald Sandusky [25 Q, Question: Did you goto his office? 26 eugegod in sexu contec witha yonngboy inthe 2° ‘Answer: Yes, aoually a conference 7 Lasch Building showers? Js? room i the Bryce Fordan Conter. lke MS. KORNFELD: The question lacks 18 (Question: Okay. And do-you speak 33 foundation and is vague and certainly Tacks 29 with Mr, Curley thea? 120. foundation as tothe prelude tothe question with 2° “Answer: [did, end another gentleman, Jar respect otetimony from the proceeding tats las (Question: Who else was present? 122 contained in Exhibit. 22 “Answer: Gary Schultz aa A, Lascert my right to seein sleatundecthe {9 Did you and Me, Scholtz meet with Jae ith Amendment. ok Mi, McQueary inthe Bryce Jordan Center in around Golkow Technologies, Inc. Page 20 Case TD: 131103195 Control No.: 15111085 |Timothy Curley Page 7® February 2001? (MS. KORNFELD: Ovesbroad, vagne. ‘A. Lassert my right to remain sient under the ith Amendment. BY MR. GAGNE: (Q. And when you met with Mi MleQueery, Me, MoQesry, in ft desorbed to you what he bad som between Mi, Sandusky and a boy i the Esch ‘Bilaing showers did he not? ‘MS. KORNFELD: Lacks foundation sed Payewo ‘BY MR, GAGNE: (Q, Can you answermy question, Mr. Curley? (MS, KORNFELD: Same objection, ‘A. Lasscrt my right to remain silent under the Fi Amendment. ‘MS. KORNFELD: Sorry BY MR.GAGNE: ©. Question, line 5 on Page 210: Okay. And did you esk them what, if anything, they wore going fo door just relate to them what you saw? 3 vague, ae “Answer, Just elate others what T yA Tesestiny sight to rere sifestunder ho |? 13. Fifth Amendment. sa id Me. MaQueany relat f0 yo js BYMR. GAGNE: 14 anything that hc had aeon in dhe Lasch Buiding ts Q, Bopioning alin 1600 Page 209. Questia: |2#. showers in Feboary of 20017 ve Andhow lon econveration did youkave with boxe 26 MS. KORNFELD: Objection; vague and 27 two gentlemen? 27 tacks foundation hs “Ansiven: ould say 15 minutes 28 A. Lasser my veht foreman sient under the 9 ‘Question: And did you totem what 29 -Fith Amendment. 20 yousew? 30 BYMR, GAGNE: a ‘Answer Yes. 22 Q, Line 9, question: Did you havea 2 Question: And did you name tho 122 conversation with Me. Curley ot Mr, Schultz at any 3. defeadant, Jerry Sandosky ~ 123 tme after dat about these patoulr events? 2 ‘Ansar: Yes, 1d, yes. 2 ‘Anavrer: Mi. Culey, yes. = rae Pageat 2 Question: ~ a fhe perton you saw? 2 Question: How long after his was a Answer Yes 2 hat the conversation with the two of them that a Did Mi. MeQueary tell you and Me. 1 you had the conversation with Mi, Curley? 4 Schulte that he had seen Jeary Sandusky withe boy] * ‘Answer: He called me on the phone, I ‘inthe Lasch Building showers? 5 would say, week to two weeks after that intial MS, KORNFELD: Otjection; vagus. 5 conversation in person. 1A. Jassertmy tight to emeinsifentuaderthe | 7 ‘Question: Now, wht did he say, if 4 Bifth Amenéroeat. anything? 9 BYMR. GAGNE: : "Answer: He sald that they looked into so, Question on Page 210: And cid they ask you [3° what had oxi. 3. any putioular questions ebout what you bed seen ot )2* ‘Did you have this —the conversetion 12 jos istened to what you said? 2. with Mr, MeQueary that he testified about? a “Answer, Justlstoned to what Thad ha MS. KORNFELD: Lacks foundation and j ba sold, a vague. as Mt, Calo, why dat you ask any a5 A. Tosoert my right to remain silent under the j ne qvestians bout where it yas Eat Me MaQesry [+6 Fifth Amendment | 7 was deseibing to you? 37 BYMR, GAGNE: 8 MS. KORNFELD: Otjection; lacks 18 Q. What hed yon done to look into what Mt. { so foondation and vague, And thepreude tofiese [3° McQuesry had previously told you? | po ques lack say foundation, They ee youte 20 MS, KORNTELD: Vague and asks | fa. reading om a trnscrg that you aves [2x soundation, | oe eeinithed nie Curley kaowe anything abot, (28 A, Tascert my right to remain silentunder te | a> MR,GAGNE: Wel, there's exteasive |? Fifth Amendment i 4 pret in the poblic ecard concorning this ater. 24 BY MR. GAGNE: Golkow Technologies, Inc. Page 21 Case ID: 131103195 Control No.: 15111035Timothy Curley a0 hs Page #2 And hed you, in fact, called the Sevond Mile ‘as you sid to Mr. MoQuesty? MMS, KORNEBLD: Lecks foundation, ‘A, Lesser my right to vemain silent under tho ‘Fifth Amendment BYMR, GAGNE: (Q. Did you evor tell Mr. MeQueary tht you bod done anything else — ‘MS. KORNFELD: Objection; vague. BY MR. GAGNE: Q. —tegneding what he ad seen inthe Lasch Building showers? ‘MS. KORNEELD: Objection; vegne and lacks found ‘A. Tagger my ight to remain silent under the Fifth Amendment. BYMR.GAGNE: Q, Would yon tur to Page 211, please? Line 8, question: After thet conversation did you have any anther conversations with either Mr. Cusley or Mr Schultz aboot thei sponte or ations ws zest fof what you bad told them about the defendant? “Answer: Letme make sure Pin ‘understanding. After that telephone conversation ~ Page a] CCorsnionwealth of ennsytvaia versus Timothy Maske CCuiey, and Comsonveal of Penosptvanin worms Gary Chaos Sahl, You se Timsy Mak Caley, are yout? ‘A. assert my ight to vena silent under the ith Amendment (Q, And ties «polimiary boaring involving: csiinal charges neat yourself aha acute? ‘A. Lawert my igh to semaine under the ith Amendment. Q. you tm to the nxt page, beginning on ‘Pago 172itstaes, Me. Beamet: Thankyou, Your Honor, Your Hono, ati ine the Commonwealth it proposing to have tea at the rear ties separate items of testimony; th of Joseph Patero, ‘Tmnothy Curley and Gacy Shut ‘And below, beginning st Page 1, rea {nto tbe record at tho petilnary hcg is the an jury testimony of Joaeph Pater a follows ‘Begining 173, Bue 19. Wold you pease fnfroduco — Question: Would you plese introduce yourself othe grand jury? ‘oswer; My aime Joseph D. Pateso, he Page Qpesfont That caret “Asst: — wre they were reporting ‘ckto me their actions? (Question: Yes. Answer: Did have any mote == forthe contest? Question: Thats coect. ‘Answer No, do at believe 20. Ts itnctrate that fer the one hone cl yo had ofthe Sonverstions with Mr ‘MeQueary about what ohn zon between Mr Sandusky anda boy in the Lasch Building showers? ‘MS, KORNFELD: Lcks foundation, vag, ‘A, Tassert ny right remain silent una the Fifa Amendoeat. (ivberenpon,Cuty ExibitNo.10-~Excot of roocedingsPelitinary Hearing Coreonvesth vs. “Timothy Carey was marke for eatin) BY MR, GAGNE: Q, Mr. Cue, Exhibit 10 i potton of transcript of proceedings ofa prelinnary hentia datd Pidey, December 16,201, fn the mat of Rages (Question: Tm sure everyone in the room kinows, but justin ease there's anyone that dosan'thow are you employed? ‘Answer: Tima football coach at the Pennsylvania State University Line’7 om Pege 174. Question: Do you ‘cutrently have employed for you since sometime i the early 2000s an asistnt coach named Michact ‘Question: Tile to direct your ‘tention to what [believe would be spring break ff 2002, sround that tne, ‘Me. Cutley, Tim going fo represent to you that a ies during the course of this matter involving Me, Sandusky the incident that Mr. ‘MeQueary testified be observed was identified as ccenring in 2002 but since has been identified as courting in 2001, (On page lino 13. Do you rcall Michael MeQueaty calling you and asking to havea iscnssion with you aboat someting that he observed? “Answetr Tm not sur ofthe date, but Page 22 Case FD: 131103195 Control No.: 15111035 Golkew Technologies, Inc.‘Timothy Curley 2 Fags 86 Page 1 edidcat!me ona Saturday morning, Hesaidbe | > ith Amendment. 12 ed something that be wanted to discus, 118d 2 BYMR, GAGNE: 5 come novetto the house, He cant over tothe 5 Q, And cid hotell you~ did Coach Paterno tell 44 house, And a Tsai Cn not sro what yearit 4 you shat Mir MeQuenry Was wery upset about what he 5 was, but Tcow itwasa Sunday morning, and we | $ had observed? 6 discussed something bo had seen. 5 MS. KORNFELD; Objection; vague, lacks 7 ‘Question: Without geting into any 7 Soundation. 4 pape dia cd Mi McQ tltyoa he | 8 A, Lassertmy sight to semainilent ands he 9 had seen and where? 9 Pith Amendment so ‘Answer: Well he ha seen «person, ho BYMR.GAGNE: ea olders not anole, but anuatoe peconwiho [8% Q_ And Gach Patan ol yoo, dnt he tht sa eefendng whatever you migitcallit—Travot |32 Mi MeQucey had deeibod inappropriate sonal 2 sure wit the tec ould bo —a young boy 13. action between Mr. Ssndusky and a young boy? a ‘Question: Did he identify who tht 4 MS.KORNFECD: Tm sony, ea youread 5 older person wast 35 that back? as ‘Answer: Yes. A men by the name of as sen ey Sey Soest, wo had bem ons ofa cuachos, wes 2? (Whereupon, Reprteread pening isson) 8 not atthe tims. se ee 1s ‘Caley i Conch Paleo tell you 2 MS, KORNFELD; Objection; lacks 20. tbat Mr, MeQeary bud told Me, Cole tht 20. foundation and vague. er MeQueary bad observed Mr, Sendo fondling ]23 A. Laverty right fo roms sent under the [22 young boy in the shower? 22 Fifth Amendosent. 123. MS. KORNFELD: Otjection; vague. 123 BYMR.GAGNE: 24 A. Tasectmy sight to remain silent under the 4 Q, By the way, you wore, in 2001, Coseh i Page a7 Bape 8 2 Fifth Amendment. 1 Patotnts dec upecviso, at's correct? 2 BYMR.GAGNE: 2A T--Lassottmy gt to coma silent under 3 Q OnPage 175, begining a line 16. Fthok 2. the Fh Amendment. 4 yowused the term fondling, shat dhe tem tet 45. And it it tre that Coach Paterne hd a 5 youused? 5 reputation for honesty and trustworthiness? « “Answer: Well, I don know wat you 6A, Tosset my tghtto remanent vo the 1 would call it, Obviously he wes doing something 7 ills Amendment | withthe youngster, owas a seca tur Tin © Q Andinyourexperiones you had never known aoannne veaaty whatitwas Ldsetpushike to | 2 CotchPatero to bo miything ober thon honest and lao deveibe exactly what wa because hows very [20 rutwotthy; auth ome 1 upset, Obviously, ws in ail bit of js —-MS, KORNFELD: Let minterpose at a ienom sno Me. Sanducky was nat woking forme |22 ation othe last queston as vague an Io me 3 expat, SoTtlé—T dat go ny her than [12 neste ~ well been to his question tht, except Tow Mike wes ust eod know some [34 vag. ss vind tenga (i) ation wat bing ken by [15 A. Tose yg smu senor te 6 Jeny Sendusky with a yourgser. 26 Filth Amnendoent is2 ‘Me, Cty, ater e spoke with Me. 37 BY MR. QAGNE: a MiQeeny, dM Cae tld Mc Takao {8 Page 17, began ine. To whos oF wits ayo ee Me MeQuouy Sad cher Ms. Santusky [29 whom id you sto the isfomaton sat MeQoeey ba 120. “Served in something ofa enna atic wil 20 given you? fa young boy? jan Answer: Ltalkod to my mediate 22 MS. KORNFELD: Vague and lacks 2 one, oat detor: 23 foundation. 2 ‘Question: What i tht person's mame? >a A. Lasser my right to remain sitet unr tho ae ‘Anawec: Tin Curley Golkow Technologies, Inc. Page 23 Case 31103193 Control No.: 15111035‘Timothy Page sd curley rs Pagev2 1A, Sassert my ight to wos stent under the 6 think you sid something about a xumor, Tbmay Bave ‘been discussed in my presence, something el sbont somebody, 1 doatt now, J dont remenuber and ‘cannot honestly say Theard a unt. ‘Mr, Caley porto February of 2001 and excluding th 1998 investigation tat exced ‘you about, had you heard any samars coneeraing Me, ‘Sandusky and inappropriate contact with chilven? ‘MS, KORNFELD: Objection; vagne 20 2 Mr. Carey, were you nti > Febrnry 2001 Joseph Potero’sramedine supervisor? | 2 Fit Amendmest 3A. Tessas ny right o remain silent under the 2 BYMR.GAGNE: 4 Fith Ameodinent. 4 Q, Page 178 ne 9. Question: You indicated 5 7G ine te Quen: How di you cotuet Me, | 8 ttyout report asia ely ‘Tn Curley. © Culey? 6 Doyou know ofthat report bing msde to msyane else 7 ‘Answer: Thelieve Tid itby phone. 1) that was a ivesty official? AsTrvcal alld him and Tsai hey, we got . ‘Answer. Na, beoeuse figured tht {> peoblem and Texplsined tb problem to fim. Th would handle t appropriately. Ubave a je (Question: Was the information tet 2e-trometidous amount of coofidence in Mr. Curley nd re youpesed long tail tho stme‘afomation )§% thought e woud Fook nt and hele it 22. that, MeQueary had given you? 22 propriety. a ‘Answer: Yes. as ‘Mi, Cutley, did Coach Patemo indicate a ‘Mt Curley, do you have any basis fot 4 toyou that he expected you to tk gorse atin with ae tnyting de Cmuch ue eliany bf (25 reiperto what Mr, Me Queer bad related? 6 sxe grand jury? is MS. KORNFELD: Vague and tacks or MS. KORNFELD: Lacks foundaionané [27 foundation fe -vague, calla for speculation. ne A, Lassertmy right (0 remain silent under the 9A. Tassct any sight to remain stent under he n> Pith Amendment. 20 Fifth Amendment. 20 BYMR.GAGNE: a BYMR.GAGNE: Jax. And dd you, i ict, procood to take some 22 Q. And infact, Coach Paterno did desoibeto 22 {ype of ction with expen to wht Mr, MeQueary hed 123 you mhat Mr, McQueary had described to him 29 elated? a eee Sonar inpprepetebelavor [24 MS. KORNFELD: Lact foundation std Pago — ~ Fase 55 2 with acid, comet? 2 vague. Sera imnenr a Onece, weseeed eo |(2 Steet Ot eeeaecuaag 3 tacks foundation Fifth Amendment. ‘tA. Tasvedt ny sightto remain silent undertho | ate 5 Fifth Amendment. 5 (Wheceupon, Curley Exhibit No 11 ~ Trensdpt of 6 BYMR. GAGNE: 6 Proceedings of Grand Jury ~ Gary Schulte was mated 2 Q. Beginning fine 2.0nPage 177. Question: | 7 ‘for identiftestion) 4 Other than the incident that Mike MeQueary reported | & 8 > toyan do you ow ony wey, ough amor, | 9 BY MR. GAGNT oe ee Tipe owany cer fon, ony other [10 Q. Me Cry ahi nse St upproptte eel conduct by Zeny Sanday wih [22 pend joy poste ie 12, 2014, the 32 ~-gung boys? 22. testimony of Gary Schulte. And in your expeienee a “Answers Edo not know of anything 33 does Me, Schultz have ~ id Mi, Sult have & acta would valved ino htt, |24 reputation far rastethnes nd ee las no, Ido not know ofit You did mention ~1 ns MS. KORNFELD: Objection; vege. ‘A. assert my sight © coma silent under the Fifth Amendment. BYMR. GAGNE: 'Q, Mle you to tun to Page 9, beginning at tine 8, Question: You suid you di nothave did you ver mest detly with Mike MeQueaty? ‘Answer: Yen Question: When? Answer: Idontt recall he exact Golkow Technologies, Inc. Pa 24 case ty: 131103195 Control No. 15111035Timothy Curley Page 94 ciroumetanoes, In fat twos this mom witen you raked me a question that fist ees that there was such a meting. ‘Question: You dant recall whece i took pace? ‘Answer: [think it occured in my office, believe Question: A that time did Mr. ~ did MeQueuy relate to you what he ad observed in th locker room? ‘Answer, No, My recollection was ‘MeQuenry and Joe bath only deseribet what was ‘observed ina very genetal way. ‘There was no etal Qoestion: Did you, nevertheless form ao impression nbout what type of conduct this might ‘ave been tha occured in the tock 00m? “The mesg that Ms. Schulte is recollecting with Mr. MeQusary was the sectng that ‘you also attended; was it not? (MS, KORNFELD: Lacks foundation. ‘A. Lassert my sgl to remain llent under ths ‘Fifth Amendment. BY MR. GAGNE: Fagess Q. The question cn line 24, Page 9: Did you, nevertheles, forms an impresion about wast type of coridae this might have been thst accuared inthe Jocks roam? Anawer: Well, Thad the impression that twas inappropriate, Telling you whet kind of thing Uhed on my mind without being cles, without hmm teling mo, bus, you know, Lhad the festing ‘that thve wa peuhaps some kindof wreting around ‘ctvity an maybe Jerry might have grabbed the young boys genitals or something of tht sar it kind ofthe impression | had, Question: Would you consider that to ‘be inapproprinte sexual conduct? ‘Answet: Oh, absolutely. Well 1 Govt know the definition of sexoal, but tet certainly inappropriate for somebody to do ‘Ma, Carley, Mr. MeQuesry communicated toyouand to Mr; Schultz, di he no, that Jerry Sanduslyy had oontct with the young boys genitals? ‘MS. KORNFELD: Objection; vague, lacks feurdetion. ‘A. Tasottany sight to remain silent under the Fifth Amendment, 5 as. a6 28 Pages | BY MR. GAGE: (And dd you shar Mr. Schl’ impression hat smsething sexe had occured betwen Mt. Sandusky andthe young boy? MS, KORNALD: Questo lacks fouadstin, Jt nota complete statement of Mt. Schult tetinony and its vagus. ‘A Lesset my sghttoremsinllentunde the Fith Amendieat BYMR. GAGNE: ©, Youd, in ft, understand fom hat Mu, MeQuatey comiinlested to you tat something of ‘sexual ature accord betveen Me. Sandosky and young boy fa the Lasch Bailing showers? (M3, KORNFELD: Objection; lacks feunatin and vague, ‘A. asec ny ight tema set under the ith Amendment. BY MR. GAGNE: Q Lino 15 onPge 10. Question: fe would sive ‘yon poz or concern fan adult me and a ‘underage mst were in a shower and that alt mals abbed the genitals of the young male? ‘Ascwer: Yes. Page oT | ‘Ator about the ime that you and Mr, Schultz met with Me. MeQueny, did Mr, Stultz commnuniete to you his fealing that he had concern about wht Me. MeQueary had related? MS. KORNFELD: Objection; lacks ‘oondation and vagne. A. Lasseit my sight to romein silent under the Fifth Amendment, BY MR, GAGNE: (And you hd conosrn conceming what Mr, ‘MeQueary had related did you not? MS. KORNFELD: Objection; lacs foundation end vague, ‘A. Lassett my sight to remain silent under the. Fifth Amendment, BYMR. GAGNE: Q, Beginning on ine 4 on Page 10: Did you consult with Ti Corley as fo what would be done as ‘remot thie 2002 report? ‘Aower: [believe Tim and Thad. ‘yes, wold conversation at that ti, Question: Whose recommendations ~ what was done, fits ofa? ‘Answer: Wall, my ecolloction was ~ Golkow Technologies, Inc. page 25 Case fb: 131103195 Control No. 15111085 |Timothy Curley 21 Me Schulte discuss that Mr. Sandusky should be told 22. that twas not epotopriate to bring Second Mile 13. kids onto campus? 34 MS. KORNFELD: Objection; inks [25 foundation and vague. ss A, Tasiert my right to remain silent under the 7 Fifth Amendment. ne BYMR. GAGNE: 3 Q. Did youagiee with Mr. Schott 20 not appropriate for Me, Sandusky to bring Second 21 ‘ule ellden onto campus? b> = Pages Page 100 2 end Tm not so sur i's not as confident, 4A, Tassestiny sight to remein silent under the 2 but thik wa decided it would be appropriate ro | 2 ‘Fith Amendment, 5 justsayto Jeay that you shoul’ bo bringing the | 3 MS, KORNFELD: Counsel, can you ead 4 Second Mile Kids onto campus in tk football 4 that question back? 5 building, SoT believe Tim communicated to Feny | * eee {5 that iattype of thing should not be occuring in | © (Whereupon, Reporter reed pending question.) 1 the fatare. Isls have a recollection that we 1 vee 4 asked th child protection agency tolockinto the | © MS. KORNFELD: Yuk the question lacks © mates 2 foundation and its vague no id you snd — Mr. Cutly, did yournd 9 BY MR. GAGNE: Q, Tid ike you to tum to Page 23 of Mr. Schultz's resimony. Beginning at ine 15 ~ Tm soty, line Bon Page 23. Question: Dida'tyou previously tell ua i your — i our intocview that ‘you had the impression — have it written down = ‘that this was inappropriate sexaal conduct? ‘Answer: Again, depending on what you call~-Tmean, grabbing the genital ofthe boy is ‘whut Lad in mind. Now, is that sexual? Yes. Mr. Curley, did you also have in mind ‘that what had ooeusted won Me, Sandusky grabbing {20 Fith Amendment. ni BY MR.GAGNE: 22 Q, Did you take into consideration that Me. 23 Sandusky might be aie to abuse chikiren ia 4 Iooetious other than the Pen State football ss facilities? 26 —-MS. KORNFELD: Objection; aoks ]27_ Sundation and vague, ne A. Lasser my right to remain silent under the 39 Fifth Amendineat, lo BY MR. GAGNB: Jar 0, Snaddlton to instructing Mr. Sandusky not 122 to bring chikéren onto campus did you and Mr, 123 Schultz disouss asking child protection agency to ]2¢ took into the mater? Jaz —=«MS,KORNESLD: Lacks foundation and [22 boy's nites? 3 vague 2. MS. KORNFELD: Objection; vague, lacks Jee A. Tassect ny right to vemain silentunder the [2 foundation Pages Page 10 2 Pith Amendment. 1A, Lasoert may right to remain silent under the 2 BY MR.GAGNE: 2 Fifth Amendment 2 Q, HEMr. Sandusky was abusing children, 2 BYMR. GAGNE: 4 probibitig him from bringing children onto the | ¢ Q. Question: We canal agree that an adult 5 campus would not stop him from abusing children | $ male under no circumstances ater then a doctor © somewheze ele; would if? 6 should be grabbing the genitals of « young boy? 1 MS. KORNFELD: Objection; vague, lacks | 7 ‘Answer: [gree completoly wit that. *® foundation. . ‘Question: And it dosen't happen 3A. Tessertmy ight to remain silentunderthe | # sovidenty? ‘Anawee: Rather than just agtesing to thought twas sexnal conduct or misconduct, Tm cxplaining what I relly thought might have gone on. “You know, you can define that as you want, Tro tolling you what T thought wes going on. ‘Quastion: Would you agree with ne that ifithad been sodomy, thats, analsex, that ‘would clearly be inapproptats conduct? ‘Ansvver; No doubt. Ms. Crrley, did Mr MeQueary describe toyou and Me. Schulz that he believed tat Me. Sandusky bad been engaged in smal ex with «young ‘an ia the Lasch Building showers? MS. KORNFELD: Objection; vague. ‘A, Lasso ay sight to remain silent under tho Golkow Technologies, Inc. Page 96 Case HH: 781103195 Control No.: 15111035Timothy Curley ‘Page 12 ith Amendment, BY MR. GAGNE: (Q Thats what be told you; it? ‘MS. KORNFELD: Lacks foundation and vague "A. Tassert ny sight to remain silent under the Pith Amendment. BY MR. GAGNE: (Q. Page 14, tine 6. Question: Sir, Tjust wont x0 tobe — Im sony, 24, line 6 — si, Tjust want 30 faz to bereal ole on tis, Ikwas yourimpresion | 22 afer you talked fo MoQueary tat this was about | 23 sme physical eonduct, some horsng arousd, some |29 je resting that resulted in contact with « boy's a 15 genitals in the context of wreting. That was your |5 36 frpeession of whet MeQueary wes reporting to you~ |*6 17 reposting to yout? se ‘Ansvwer: Edontceslt what MeQuesry ——]1® 22 gpeciically reported, but Kean il yon that 39 20. after going though whatever we went through a | 20 [21 2003, nd thet impression that was probably the kind |= Tage 10 ith Amendment (0, Bir. Cia, what id you do after you met with Me MeQueary and be described you what > fad seen? (MS, KORNFELD: Vague. ‘A Tassat my ight remain silent der the “Fith Amendsent BY MR. GAGNE {QT tots bogin on Page 4. fs the bot of the Fst page ofthe ext, ‘oginsing sting 6. Question: Tait dite ‘yon attention fie to an indent which was Troup io your action sometime around spring teal of 2002, Did youreosive information om Coad Joep Ptemo abot an acident hat was atloged to have ocurred on university property involving Jerry Sedu anda rina ale? ‘Annet: Yes By the way, Me Ce did yo caudeavor to tet teathlly ono about Jannary 12, 20117 “RCs ay ight to seman silent under the sith Amendment Q. You were sbsequenty charged wit ot 2 of thing hat had taken place, a2 ps i not sure why it says 206 there, > 24 Mr, Cusley, but do you also have the impression that |2* Page 103 genital contact had occured betwoen Mr. Sandusky | + 2 and ayoung boy? 2 3 MS, KORNFELD: Objestion; veguewnd =| # 4 Inoks foundation. ‘ 5 AL Lassort my tight to remain silent undec the 5 6 Fifth Amendment. « 4 (AMiereupon, Caley Exhibit No, 12~Transeept of | & 9 Proceedings of Grand Jay -Tim Curley ~was:macked| 2 30 or identiiation) ho a2 BYMR, GAGNE: 32 23 Q Areyouckay? as Jae A. Yeah, Sorry about nt jue 15 Q. That allaight: Mr, Cuoy, Exhibit 12 ss 26 etanscriptof proceeding of grand jury deted ss 1.7 Senuary 12,2011, testimony of Tim Cute, a7 lis ‘You are Tim Cusley, are yor nol? se oA. Tassott iy sight foemaia silt under tbe? 120 Fifth Amendment. 20 lax Q, Andou testified before a Commonwestth of 7% ‘22 Pennsylvania 30th Stetowide Investigating Grand Jury [22 ‘23 on Fanuary 12,2011; dda you? 2 24 A assert my tight toverain silentucderthe |? = Page 105 testifying trtbfly; i that comet? ‘A. Lassert my right to remain silent under the Fifth Amendment Q, Line 14, Question: Please tellus how that information cane to your attention the best you oan. ‘coal and what you did asa zesult oft ‘Auswet: My recollection ~ and 1 dont know ifit was 2002, butmy recollection was that Conch Paterno called myself and Gary Schulte, ‘who was the senir vice-president, ad ssid fe ended to meet with us, thet he wanted to report ‘something tos, So we weat over, the two ofS together, met with him and he do you want me t- Question: Yes, plese. ‘Answer: Coach Pateeno indicated that ‘no had a football coach, an assistant football cose hot came fo him with information tat ho encountsted in the locker room on camps in the Footbal building, That bo went into the locker oom ~ it wag thik, sometime inthe evening ~ ‘eat into the locke room, was going to get ‘woskout in, andthe ndividuel heard and sav, T ‘Bue, vo people ia the shower, in te shower ates. Golkow Technologies, Inc. ~ Page 27 case Ib: 131103195, Control No.: 15111035Timothy Curley a ‘Page 106 Page 108 2 Andmy recollection was hat he could seethat =| 2 BYMR. GAGNE: 2 through mires, that here wes amimor thathe |, Andyounndeatood tht what Me Mo(Queary ed 3 could ee throngh nd hatte individuel was | 2. deserted o you was serious incien otherwise 4 comfortable with ee etvity in the shower oxea | + you woul ave token itt the resin st and — ema supposed ogo Cough the whole thing? | tht conect? 6 Question: Goalcad, tellus what you} © ——-MS.KORNFELD: Objection; vague, acs 7 wow, 2 foundation 4 Answer: Okay. Soe was © AT this thing eps aling of roars uncomfortable with at. And at hetpoiathe fat | 2 me 30 itwassomsing he should eportta Conch Patemo. |8¢ ‘MR. GAG; Cane ben for ment? 22 Coach Paterno relsyed tht information to Gary aad [12 ‘The wines shaving» proses, cae 2 THE VIDEO OPERATOR: Going offtie 13 Iethattetinony an acute 25 reoon at 130 14. description, tof of he testimony you gave fe see 5 efi te gd jury? 38. (Werespon an of the-sezor casio wes ld) ae A, Tassertmy right tosetosin silent underthe [36 7 ith Amendment 2 THB VIDROOPERATOR: Back on th record se Q, Aud did, iufict, Coach Patcmo seay thot [2€ a 180, 15. information to you in Rebruary 20012 se MR.GAGNE: Ces you read hast, 0 -MS,KORNEELD: Objection; vague and [2° question bak plese? 22 tuck foundation, la. tee 2A, Taosetmy right to emai lent under the [22 (Wherepon, Reporte read pening question ) >> ith Assendent, ps oer Je BY MR GAGNE: Joe A, Tassetmy right to resin silent unde the Page 107 Pago TS 2 Q, Begining Page 5 tne 20, We then took hat | % Fifth Amendimont 2 information and et with Mike MeQueary wa va tbe| 2 BY MR. GAGNE: 2) football cons, and met wth Mike, othe 2 Q And you tk Ds, Spanier exaty what Me 4 infomation fom Mike bot te sovity, wal he | 4 McQueary had oli you; antag 5 ane. Andthen fom tere, Guy and Trepoed at | MS. KORNFELD: Lacks foundation ~ € Information tothe president of ieuaiveniy, De, | © objection; lacks foundation and vague. 7 Gahan Spanier. 4A, Tasset my ight to rmein silent unde he 8 Me Cony, you, afc, meat 6 Fit Amendment 9 with Mr, Schultz and Mike MeQueary about what Mr, | BY MR. GAGNE: i 20 MQ he sen athe cower? ba, And what Mi: MeQuetry ha told you was that j na ‘MS. KORNFELD: Vague, lacks foundation, 12 he had observed Mr. Sandusky engaged in sexual 22 A. Lessetmyrightto renin silest der tbo (2% contact with minor inthe Lasch Building showers; | 25. Fint Ammdmen sa iat at gh? ! 4 BYMR GAGNE: MS, KORNFELD: That question Tacks | 2s Q. Youdidheveseche mesing ddyou ot? |25-foundato, its vapue, and itis misses the 6A. Lassetmyright to romain silent under ihe 26. estinony in the exit wee cumenti reviewing, 7 Fit Amendnent 7A, Tesset ay sight to vmaia let unde the i 38 Q, Andibenyou snd Mi Stulz sbsequenly ——(x¥ fh Amendment i 29 reposted Mis MoQaeunys formation torent [29 BY MR, GAGNE: | 20. Spanier dst you? Begs 6 nef. And then flowing tht | px MS.KORNFELD: Vague an lacks rotde «suggestion, zecommendaton tat we needed to | 22 foundation. toe this information and pot it othe Second | 23 A. Lassertmy ight torenatn lent undertbe [23M which te organization a a ime tat | ae Pith Amendimeat 4 Jn was working eter wih or fo, Ho wasotan Golkow Technologies, Inc. caSef8: 781103195 | Control No.: 15111035 |Timothy Curley 30 as ‘A. essere my sight to remain silent unde the ‘MS. KORNFELD: Objection; vague. Page 110 ~ Pago 12 ‘employee of Penn State at hat time, 1 ‘Mr. Cuey, ld you in fet, meet Is it true thet Mf ~ itis true that 2 with Jerry Sandusky, tll him about what Mt “Me Sendusky bad etd fom employment by Pean | 2 MeQuoary hid seen, nd tll hi not to bring young State es af February 2001, comect? 4 people to th abet eis? Fifth Amendment (Q, But nonethelees, Gerald Sanday stil hed ‘accts tothe Penn State fotbal feiities at that time; didnt ho? ‘MS, KORNFELD: Objection; lacks foundation, ‘A. Lassert my sight to rematn silent wader the Bh Amendment. BY MR.GAGNE: Q, So line 6. So by myself met with Dr Tack _Raykovitz, who is tho oxeculive director ofthe Second Mile, Ishaced the information that we had. «ith i Did yoo, in fat, most with Dr. Raykovite? (MS. KORNFELD: Ever? BY MR. GAGNE: Q, In February 2011. A. Tessore my sight to remain silent under the A. Tasser¢my right to remca silent under the [Rts Amentiment. BY MR.GAGNE: (0, And did you tell Me, Sandusky fat you were comfortable with What Mi. MeQueary had desoribed wwyoxt MS. KORNFELD: Objection; vague. A. asset ty right to seman silent under tho Pith Amendment, BY MR GAGNE: (Ans eld it occu to you, Ma, Caley shat it right be ineppeeprate x even dangerous forthe young manta goto the perpetrator and tell mn boot what itwes you new? (MS. KORNFELD: Objection; vague. A. Lassert my right ems silent under the Fifth Amendment, BY MR. GAGNE: Did you goto the police with the information 0 Page TT ith Amendment. Q, And did you deserb to De. Raykovite what ‘Mr, MeQueary had desorbed to you? MS. KORNFELD: Objection; vague, lacks foundation, "A, Fessert ray right to remain siloot under the Fifth Amendment. BY MR. GAGNE: (Q. What was the purpose of going to speak to De Raykovitz? ‘MS, KORNFELD: Objection lacks foundation, ‘A, Tssgert my right to remain silent under the “Tiffh Amendment BY MR, GAGNE: Q. Page 6, line 10. Additonaly, I thea met swith ~satually, it was probably the ather way around. Tmot with Jeary Sandusky fst told him bout the information that we recived that we Were ‘uncomféttable with tho information and tat Iwas ‘ging to take the information and repotit to the ‘exccitive director ofthe Second Mile aud that I did ‘not want him in the future to bein our thetic ‘oclitios with aay young people. Paget that Mr, MoQuesty sd communicated to you? (MS. KORNFELD: Objection; vogue. ‘A, Lasaecemy eighttorensia silent under tho Fig Amendonent. BY MR. GAGNE: You di no, in fat, go to the police; Ad yout 1MS. KORNPELD: Objection; lacks Iuadation. ‘A. Tassert my right to remain silent under the Fit Amendment ‘BY MR. GAGNE: (Q, Why did't you rept this information to the police? (MS. KORNFELD: Objection; vague, lacks foundation ‘A. Tose ny right to remsa silent under the Fifth Amendment. BY MR. GAGNE: (Q And, in fit, when in February 2001, when ‘Me, MeQueary told you that he had seen Mr, Sandusky engaged in inappropriate activity with a boy tn the “Lach Building showers, you recall thatin 1998 “Mir. Sandusky hed been iavestigated for conduct with Golkow Technologies, Tne. cat tf P$1103195 Control No.: 15111035‘Timothy Curley Page 114 a young boy in the showers did you nol? IMS, KORNFELD; Obfecion; vague and sce feundation. ‘A. Lascortmy tight to renin silent under the Fifth Amendment. BY MR. GAGNE: (Q, And yor were aware in 2001 that there ad cow ‘been demonstrated a patten of activity by Mi. Sandusley with young boys in the shower, cones? (MS. KORNFELD: Odjecton; vague and Iecks foundation, ‘A, Tart my right to remain silent under the Fifth Amendment. BY MR, GAGNE: Q, Bage 8, tine 17. Question: But be was clearly uacomfortable wih what he bad seen? ‘Answer: Correct, Question: Asa result ofthis, you ‘ought it appropeite to orm dhe university, the presideat of the university? ‘Answer: Thats comect, (Question: Grain Spanice? Answer: Yes. Again, you did infor Presidnt eaepeieee ne Page 6 that evening, Leet recall ifhe said he was there with a young man, but he did indicate — initially his memory said he dida't think ho wos thore on tat date doa!t I do recall that ‘Bot don't recall whether or not o sai he was ‘with an individu Di, in fact ~ Mr. Curley, did Mr. ‘Sandusey fi to tll you that he had been with a ‘young boy in the showers om te date indicated by ‘er. MeQuesry? ‘MS, KORNFELD: Objection; vague. ‘A, Zassertany right fo romain silent under the Fifth Amendment. ‘BY MR. GAGNE: Q, Did it concern you a all that Mr. Sandusky refed to admit that he had been i the shower with young boy? MS, KORNFELD: Lacks foundation and vague ‘A, Lasser my right to xemain silent under the Fifth Amendment BY MR, GAGNE: Q, Page 10, line 16, Did you take specific ection with regerd 0 Jory Sandusky? At this point he 37 Tapes Sauer of what Mr, MoQueary bad tal you? MS, KORNEELD: Objeto; vag. “A. Lassert my right to remain silent under the Fit Atendmest. BY Mi GAGNE: Pepe) fine 12, Question: You indicted that you me with xy Sede, What secfcly Aid yout ey Sendasty that you blow hd ceouned inte shower? Ans: [sat real my sos convertion with Jny ints ofthe dts of I My ecollecon was tht shared wih hi hat vot en employes ht ad come tows with this infomation, ht he employes wae vconfitble vit wht th cy wa with wt he city Seas alg place nthe shower, hat hat was the infaation we had ose Question Did Sendak adito beng inde shower with he by? ‘swe: Nota Goestion: Dilley come around tailing hat be ad bee nthe with tie toy? ‘Ascwer: He ited thet was hte Page 7 he's not an employee you indicated. What di you tell bie with regard to his being on untversity property? ‘Anewee! Yes, When T met with Jey, ‘because I wt uncomfortable with he information we scceived, I indicatd to ima hatin aditon o reporting ito the execulive director ofthe Second Mile, that did not want him using our athletic ‘cil For workout porposes and briuging any ‘young people with him, Fe was not to use ont ‘cities with young people. ‘Me. Cafey, id you tell erry ‘Sandusky in shout February 2001 thet he was not to ‘ring young people to the Penn State athletio ‘otitis? ‘A, Taseortmy right to remain silent unde the Fifth Amendment. Q. You di, in So, ell him tha; did you not? A. Laseest my rghtto remain silent under the ills Ampendeneat. Q, And the season you told hie that was tbet you eougaized that the bebavior Mr. MeQueaty ad eserived wis, at beet, iamppropeiate; sa that corer? Golkow Technologies, Ine. Page 30 Case TD: 131103195 15111035 Control No.