"And very typically, my advice was followed."----- Schultz testimony on taking a nanosecond to think of 1998 in 2001, at Spanier trial, 3/22/2017, at p.434:
Q. Now, you reviewed the '98 history. When you first heard about this incident in 2001, did you think back to `98?
A. I sure did.
Q. And how long did it take you for that to come back into your head?
A. A nanosecond.
Q. Okay. And why is that?
A. Well, it involved Sandusky again and, I mean, none of us were happy about `98, you know, what he was doing, we didn't think was appropriate and, like I said before, I hope he learned his lesson. Well, when you get this report, you say, nah, damn, he didn't.
----- Schultz testimony on two thing he's totally blank on, at Spanier trial, 3/22/2017, at p.480:
Q. Now, in Ms. Ditka's questions to you today, one part of the story that we've heard about already was left out, and that is Wendell Courtney.
A. Yes.
Q. In 2001, acting on behalf of the administration of the University, you sought the legal advice of Wendell Courtney regarding the 2001 incident; correct?
A. Yes. I believe I called him on that Sunday.
Q. And Wendell Courtney has testified that he believed it would be smart and prudent to contact DPW, and that he advised you of that.
A. There's two pieces to this that I am totally blank on.
Q. I appreciate that.
A. One of them is that I don't recall any conversation, and there must have been two of them, with Mr. Courtney.
Q. Okay. What's -- what's the other piece? You said there's two.
A. Where I got the impression that it was reported to DPW.
----- Curley testimony about Courtney, at Spanier trial, 3/22/2017, at p.360:
Q. Do you have any recollection whether or not Gary Schultz told you that he contacted Wendell Courtney and sought legal advice as it related to this incident?
A. I don't recall that conversation, but certainly I've seen correspondence since that he did.
Q. So you're now aware that Wendell Courtney advised that this should be a matter that should be reported to DPW.
A. Yeah. Again, I don't -- I don't remember the conversation with Gary, either him going to Wendell or when he came back, exactly what the conversation was, so I just -- I don't have a recollection of what was outlined.
----- Courtney testimony, at Spanier trial, 3/21/2017, at p.169:
Q. Okay. Now, I'm going to direct your attention to February of 2001. Do you recall that period of time, generally speaking?
A. I do now.
-- at p.179:
A. Well, after I determined the nature of the advice that I was going to give Gary, I called him back and told him that I had reviewed the law and told him that in my opinion, I thought the University should report this to DPW.
-- at p.180:
A. When I spoke with Gary, he did not indicate to me, and I did not indicate -- or I did not believe based on my conversation with him, that he thought there was child abuse that had taken place in the shower. But the Child Protective Services Law and issues with respect to reporting, which is what I was reviewing, if you report something under the Child Protective Services Law, you are reporting suspected child abuse --
Q. Right.
A. -- or possible child abuse. So that was just my own narrative as to what I was doing with respect to not only the conversation with Gary but also the legal research that I then conducted, and then the second conversation I had with him.
Q. Okay. Now, when you -- your second conversation is winding down. Did he indicate to you whether or not he planned on following your advice?
A. No, I don't believe so. I think he said thank you very much, that's how we typically would operate. And very typically, my advice was followed.
-- at p.182:
Q. Now, was this a close call in your mind whether or not this was the right advice to give?
A. No.
Q. Okay.
A. I mean, I thought it was common sense. You know, it was kind of a no brainer... And it was the smart and prudent and appropriate thing to do.
-- at p.185, under cross:
A. That's correct. The only person I ever advised at Penn State about this was Gary Schultz.
-- at p.186:
Q. Gary came to you for legal advice to be sure though; correct?
A. Correct, and I gave him legal advice.
Q. You have not put that legal advice in writing at any time so that they have something where you said as your lawyer, I advise you to report this. Correct?
A. It was a telephone conversation with Gary Schultz on February 11.
Q. As I understand it, in addition to your lawyer-client relationship with Gary Schultz, you are a very close personal friend of his. Is that correct?
A. That is correct.
Q. And you see him very frequently. Is that correct?
A. That is correct.
Q. Up to the present; correct?
A. That's correct.
Q. You are also friendly with Graham Spanier; correct?
A. Certainly.
Q. Okay. At any time from February 11, 2001, to the present, have you asked Gary Schultz or Graham Spanier, by the way, did you report that matter?
A. I never asked Graham and I do not recall ever having asked Gary.
-- at p.188:
Q. I appreciate that. And I understand what you're saying. But as counsel to Penn State, you would expect that you would have been given a heads up on that matter generally in 1998; correct?
A. Maybe or maybe not.
Q. Okay. Certainly in 2001, when Gary Schultz came to you about the 2001 incident, the 1998 incident didn't come to mind for you?
A. It did not.
Q. All right. And so did you ask Gary Schultz whether this was the first time he had ever heard about such conduct?
A. I do not recall ever having asked him that during our conversation on February 11th.
So everything is pointing to a report having been made.
There isn't any way to prove a report wasn't made, correct?