Prosecutor at ex-Penn State president’s trial: ‘Evil thrives when men do nothing’

HARRISBURG, Pa. - Former Pennsylvania State University President Graham B. Spanier and two key administrators failed to stop the 'Jerry Sandusky problem” and, for that, Spanier should be found guilty of child endangerment and conspiracy, a state prosecutor told jurors Tuesday morning.

'The only thing necessary for evil to triumph is for men to do nothing,” said Patrick Schulte, deputy attorney general, in opening arguments at Spanier's trial in Dauphin County Court. 'Evil thrives when men do nothing.”

But Sam Silver, a lawyer for Spanier, argued that the former Penn State president did do something - that he took steps that he thought were appropriate based on the information he had at the time. The state's case, Silver said, is an unfair attempt to 'criminalize a judgment call.”

The arguments opened what is expected to be a weeklong trial in the long-awaited prosecution of Spanier, Penn State's once renowned president. Testimony before the jury of seven women and five men could last the week.

The first witnesses Tuesday were the lead investigator and chief of university police in 1998, when Sandusky was first accused of sexual misconduct in a shower with a boy but never charged. The former chief, Tom Harmon, acknowledged on cross-examination he never discussed the incident with Spanier.

In his opening argument, the prosecutor had argued that Spanier and ex-athletic director Tim Curley and ex-Vice President Gary Schultz chose not to report to child protection authorities a 2001 account by former assistant football coach Mike McQueary that he saw Sandusky molesting a boy in Penn State's showers.

Both Schultz and Curley pleaded guilty to misdemeanor child endangerment charges last week, leaving Spanier as the sole defendant.

Schultz, Schulte said, will testify that he is 'very regretful” of the decision not to report McQueary's claim to the Department of Public Welfare, which the three men in an email exchange had originally planned to do.

'We messed up,” is what Schultz is going to say, according to Schulte.

That plan changed, the prosecutor said, after Curley discussed it with head football coach Joe Paterno, Schulte said.

The men decided they would bar Sandusky from bringing youths on campus, but that never happened, Schulte said. And, he said, Sandusky continued to sexually assault boys in Penn State's showers, including a 'John Doe” who is expected to testify later in the week. 'The showers at Penn State continued to be Jerry Sandusky's sanctuary for child molestation,” Schulte said.

He also said the three men never bothered to find out the identity of the boy that McQueary said he saw in the shower. 'Those three men failed to protect the most vulnerable among us,” Schulte said, slamming his hand on the podium. 'Those kids.”

But Silver countered that Spanier had no direct contact with McQueary and relied on information that the others gave him. No one told Spanier they saw Sandusky having sex with a child, Silver told jurors, and there's no evidence he attempted to stop anyone from reporting Sandusky or that he conspired to cover up his crimes.

'This was far from criminal conspiracy,” he said.

McQueary is expected to be among witnesses called to testify Tuesday afternoon.