By Ralph Ciprianofor BigTrial.net
Allan Myers, the boy in the Penn State showers that Mike McQueary allegedly saw being raped by Jerry Sandusky, sure has a lousy memory.
Myers couldn't remember when a picture of him posing with Sandusky had been taken, even though it was at Myers' own wedding.
Myers couldn't remember what he told a couple of state troopers when they interviewed him in 2011, and Myers said that Sandusky had never abused him.
Myers couldn't remember what he told a private investigator, namely that Mike McQueary was full of crap, and that nothing sexual had happened in that shower.
A 48-page transcript from a Nov. 4, 2016 hearing where Myers was called as a witness as part of Sandusky's bid for a new trial was released for the first time earlier this week, in response to a request from a reporter for a major mainstream media news outlet. The transcript provides some insight into what is clearly a screwed-up case that the prosecutors and the news media have completely botched.
And they blew it because they showed no skepticism about witnesses like Allan Myers, who, from what he had to say in this transcript, clearly isn't credible.
In the transcript, Myers, who was on the witness stand for less than an hour before Centre County Senior Judge John M. Cleland, said he couldn't recall or didn't remember 34 times.
Either Myers was very forgetful, or he was clearly lying.
Before Myers was brought in as a witness, Sandusky was sworn in and the judge explained to him that since nobody knew what Myers was going to say, his testimony "could be harmful to your case."
But Sandusky had his mind made up.
"It is my decision to have Allan Myers testify," Sandusky told the judge.
Myers, a former Marine, testified that he got to know Sandusky through the former assistant Penn State coach's Second Mile charity.
"Did you think of Mr. Sandusky as a father figure," Al Lindsay, Sandusky's lawyer, asked.
"Yes, I did," Myers said.
Myers was shown a picture of himself and Sandusky at Myers's wedding. Lindsay asked if Myers remembered when that picture was taken.
"That I do not remember," Myers said.
Lindsay showed Myers a photo of a football camp when Myers served as a coach, and posed for a picture with the boys he was coaching, along with Sandusky. Lindsay asked Myers how old he was in the photo.
"I don't remember," Myers said. "I don't even know what year that was."
"Well, were you an adult," Lindsay asked. "Do you know that?"
"I wasn't an adult," Myers said.
"Can you give us any estimate of your age," the lawyer asked.
"No," Myers said.
Myers recalled that he lived in Sandusky's home "right after I graduated high school to attend Penn State."
"And I left there because he [Sandusky] was controlling and I left," Myers said. "And that was the end that I ever lived with him."
Too controlling, Myers said, but he said nothing about being abused.
Lindsay asked Myers if he remembered being interviewed on Sept. 20, 2011, by state Trooper James Ellis and Corporal Joseph A. Letter.
"I recall being interviewed," Myers said.
Lindsay gave Myers a copy of the police report and asked if it reflected what he told the state troopers.
"Yes," Myers said, before snapping at the lawyer, "Please don't raise your voice at me."
Lindsay asked if Myers remembered telling the troopers that he and Sandusky at worked out at the Lasch Building.
"I don't remember that interview," Myer said.
Lindsay asked Myers if he recalled telling the troopers "nothing inappropriate occurred" in the shower, and that at "no time were you made to feel uncomfortable."
"I don't recall," Myers replied.
Lindsay asked Myers if he remembered telling the troopers that after workouts with Sandusky, he and Jerry would return to Sandusky's home and shower in separate facilities?
"I said it," Myers said, "But I don't remember it."
Lindsay asked Myers if he remembered an interview he gave to an investigator named Curtis Everhart who worked at the time for Joseph Amendola, Sandusky's trial lawyer.
Myers remembered the interview.
Lindsay asked if he remembered telling the investigator, "I am alleged Victim No. 2."
"I'm sure I did," Myers said, before adding, "I don't remember everything."
Lindsay asked Myers if he recalled telling the investigator that on the day McQueary thought he saw an anal rape in the showers, Myers said "Jerry and I were slapping towels at each other trying to sting each other."
Myers was a month short of his 14th birthday in 2001 when the infamous shower incident occurred. Even though the official grand jury report says that Mike McQueary heard "slapping sounds" and witnessed Sandusky raping a 10-year-old boy in the shower.
"I don't recall everything I told Mr. Everhart," Myers said.
Did Myers recall telling the investigator that he used to slap the walls and slide on the shower floor when he was taking a shower with Jerry?
"I can't recall everything I said in that interview back then," Myers said.
Lindsay read out loud a quote from a report that stated what Myers had supposedly told Everhart:
"The grand jury report says Coach McQueary said he observed Jerry and I engaged in sexual activity. That is not the truth and McQueary is not telling the truth. Nothing occurred that night in the shower."
"Do you recall telling him that," Lindsay asked the witness.
"Like I said, I can't recall everything I said back then," Myers said. "But if it's in there, I said it then, yes."
Lindsay asked Myers if he told the investigator that "I never saw McQueary look into the shower that night. I am sure."
"That's what I said back then," Myers said. "Once again, I can't recall what I said then."
Lindsay read Myers more quotes from the interview with the investigator.
In the quotes, Myers:
-- denied having sex with Sandusky;
-- repeated that "McQueary did not tell the truth;"
-- repeated that "I am alleged Victim No. 2 on the grand jury report;"
-- Again claimed that Sandusky "never sexually assaulted me."
"That's what I said then," Myers said. "And once again, I can't recall everything I said then."
Lindsay asked Myers if he told the truth when he spoke to the investigator.
"Yes," he said.
Myers had once been Jerry Sandusky's biggest defender. He had even written a letter to the editor of a local newspaper stating what a great guy Jerry was.
Then Myers hired attorney Andrew Shubin, who represented eight victims in the Penn State sex abuse scandal.
Myers became Shubin's ninth victim. He flipped on Jerry, claimed he'd been abused, and collected a reported $3 million.
When asked how much he received from his settlement, Myers said," Im not allowed to answer that question."
Lindsay asked Myers, who wasn't called as a witness during the Sandusky trial, where he was when the trial took place.
"I believe I was somewhere in central Pennsylvania," he said. "Now exactly where I was, I can't recall. I might have been working. I don't know exactly, but I was here in Pennsylvania . . . I was somewhere inside Clinton County or Clearfield County, somewhere in that little Trifecta."
Asked if he could recall being in a specific place, Myers replied, "I can't recall where I was when the trial was going on . . . I can't tell you exactly where I was, I don't remember that."
It was Lindsay's contention that Sandusky deserved a new trial because the prosecutor, Joseph McGettigan, lied to the jury when he said that the existence of Victim No. 2 was "known only to God."
After Myers left the witness stand, Lindsay put Sandusky up to testify as a rebuttal witness.
"Mr. Sandusky, did you ever sexually abuse Allan Myers in any way," Lindsay asked.
"Absolutely not," Sandusky said.
John Ziegler, a reporter who was in the courtroom when Myers testified, said he was glad that the transcript had finally released.
"This is the only testimony of the person who is the epicenter of this whole thing," Ziegler said about the Penn State scandal.
"And it's obvious to anyone who understand the case that he [Myers] wasn't telling the truth," Ziegler said. "He [Myers] remembers everything up until he flips on Jerry and then he can't remember anything."
Myers' testimony, Ziegler said, was "a hundred percent consistent with a guy who had who had flipped for $3 million and felt bad about it, and didn't want to deal with it anymore."
When Sandusky took the stand, Ziegler recalled, "He was in tears, he was angry. It was righteous anger."
John Snedden, a former NCIS and FIS special agent who investigated the scandal at Penn State, said he was disturbed by Myers' evolving story.
"His initial statements are definitive and exculpatory," Snedden said. "His testimony then degrades into a wishy-washy, exceptionally foggy abyss."
"Being officially interviewed as the 'victim' of a traumatic event doesn't happen everyday," Snedden said. "And then you can't remember the specifics of that interview? Seriously?"
"It's clear why he [Myers] wasn't called by the prosecution" in the Sandusky case," Snedden said. "His testimony is exculpatory and now serves only as an example of blatant prosecutorial manipulation."
And where the hell did they hide Myers during the Sandusky trial?