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McQueary testified at Sandusky's trial in June that he saw Sandusky in a sexually suggestive position with a boy in the shower, and heard a "skin-on-skin smacking sound." For that incident, involving so-called Victim 2, Sandusky was convicted of indecent assault, unlawful contact with a minor, corruption of minors and endangering a child's welfare. He was acquitted of the most serious charge, involuntary deviate sexual intercourse.
McQueary was placed on administrative leave a week after Sandusky, Curley and Schultz were arrested in November 2011, and in July learned he was no longer a university employee. He had been making $140,000 a year.
The lawsuit alleges he was dropped by the school because of his cooperation with the criminal investigation. He is seeking reinstatement, back pay and legal fees, among other things.
It's unclear whether Schultz and Curley will go to trial in Harrisburg in January, given the additional charges and the new allegations against Spanier. A preliminary hearing for the three is currently scheduled for Dec. 13.
Gavin, assigned to the case by the state Supreme Court, was first elected a common pleas judge in Chester County in 1985, and took senior judge status in January 2011.
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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