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investigate. that's our hour. let's go "outfront." >> "outfront" tonight, breaking news, a big day for the markets. the dow up 260 points, just shy of that, all three of the major indices back in positive territory for the year. the trading volume was light. it was veterans day but better than expected data in terms of american consumer sentiment and positive news out of europe was enough to encourage toward to buy. it's a big number. we wanted to highlight it. it has been six days since penn state university was rocked by child rape charges by jerry sandusky. they spoke out saying the university is dealing with the situation. assistant coach mike mcqueary who first reported witnessing the sexual abuse to joe paterno in 2002 has been put on paid administrative leave. a special committee has been set up to investigate sexual abuse on campus. penn state will play football tomorrow as a sign of support of for the victims. and they hired an attorney for joe paterno. >> joe paterno has left tremendous legacy at penn state over many years. i'm sure that in due course the university will find a way to recognize that, but now is not the right time to get in to any specifics on that. >> there are a lot of questions, though, out this. we want to answer as many as we can tonight. we will be covering this through the the hour. we have cnn senior legal analyst jeffrey toobin and mike galanos and the professor who runs the penn state communications department who teaches a class called joe paterno, communications and the media. he started to cover penn state football in 1979. okay. jeff, toobining i want to start with you. looking at the headlines that came out today, you have a well-known respected attorney now confirmed that joe paterno has hired an attorney. why lawyer up? >> it's the only prudent thing to do. this criminal investigation is probably closer to the beginning than the end. new witnesses are coming forward. apparently new victims are coming forward. the attorney general, when she made her announcement, said joe paterno wasn't going to be charged. that doesn't mean he's not going to be charge down the line. plus, you have the absolute certainty of many civil lawsuits by these victims, by their families. he's going to neetd a lawyer for those. he's going to keep that lawyer busy. doesn't mean he did anything wrong, but he should have have a lawyer. >> professor, what's your take on this after teaching a class, as you have, for all these years? is this going to truly crack, if not permanently ruin a legacy he has worked many decades to build? >> well, it's been a crazy week, so i appreciate the thought. i'm not head of the communications department, but i'm working on it. as far as joe's reputation, obviously crack is a good word. i think we'll have to wait and see how much it's really going to impact that. the media obviously will have a huge role in that. right now, they're trying to find a lot of dings, that's for sure. >> all right. i'm curious as to your view, professor, about one thing that really has stood out. there's been allegations and incidents that have happened right over the past 15, 20 years. but this spring, the grand jury came out with a set of results. they were talking about all these things that jerry sandusky was alleged to have done. but no one covered it in the national media. why? >> why wasn't it covered by the national media? >> yeah, what's your thought as to why? >> i think part of why joe has always liked it here. it's a tough place to get to. access is really, really difficult whether you're local or national media. i think paterno's reputation is so strong that outside of this area, even the national folks in new york and l.a. and across the country, really have bought into that image. for the most part, that image is true. they didn't think there was fire where there was smoke. >> obviously, it appears on some level there has been. mike galanos, let me ask you about one of the big issues today, which is why is penn state going to be playing football tomorrow? >> the president somewhat addressed that. that was a question that came to that. you got the feeling there was a discussion of whether or not they should continue to play football. as the press conference went on, it sounded like football is going to be a way for us to move forward. the world is going to be watching. really urged the students to act to show penn state is strong. obviously a lot different from what we saw the mayhem in the streets a few nights ago. >> mike, do you know where jerry sandusky is? obviously, he posted bail. >> i talked to somebody who actually knows him and spoke to him, but this was a couple weeks ago, pre-scandal. said he saw him at the grocery store. never would have thought anything was coming down the pike. since that time, we heard he's in hiding. he's not been seen, that i know of, anyway. i'll speak for some of the sources i've talked to. >> jeff toobin. >> i don't understand why he is out on bail frankly. if you look for the standards at what judges think about, risk of flight and danger to the community. if i were jerry sandusky, i'd be looking to get out of dodge. it's a very weird world where conrad murray is detained and not allowed to go. sandusky can go anywhere he wants. he's been ordered to keep away from kids, but that doesn't have much impact. >> clearly it doesn't. let me ask you, what do think the punishment be? hold on, one second. what will the punishment be, jeff. >> if he's convicted? >> he will never get out of jail. >> life. >> he's a 67-year-old man. this is a very serious crime, to say the least. he'll never get out of prison. another reason why he shouldn't be out on bail. >> right. mike galanos, was that you jumping? >> it was the professor. >> erin, he is out and about in dodge. there's been a lot of reports in the past two days from people i know, very credible reports. he's been seen a lot of places in town. >> that is amazing in and of itself. >> it's astounding. >> it is. >> it's incredible. >> how many people do you think -- >> i think it goes to the heart of his mind set about this whole thing. >> jeff toobin, how many people do you think will go to jail here? there are people who saw these horrible acts or were directly told about them by people who saw them. >> only three people have been charged so far. sandusky, who is going to prison forever if he's convicted. the two administrators, the athletic director and vice president. those are unusual crimes. particularly the crime of failure to report. not a lot of people go to prison for that. they are also charged with perjury. i would imagine the magnitude of this case they would go to prison if convicted. but i think it is a close question. as for anyone else, i think it is just too soon to tel tell. >> mike galanos, i'm curious about the security situation on campus given there was violence the other night, given there's debate over whether they should play. what is it like there? >> they've told us, erin, they've beefed up security for the game. everyone saying, let's not act like what we saw, those wild students a few nights ago. security's beefed up. we do not know what kind of atmosphere it's going to be. i've talked to people who are going to the game and they say it will be weird. a different atmosphere as they go to the game. how will people respond? football's the backdrop, but after the scandal, who knows? >> all right. gentlemen, thanks very much to all three of you. we appreciate it. "outfront" next, a second mile foundation. that's the non-profit organization serving the youth where jerry sandusky met his alleged victims. an honorary board member of that group is nfl member frank o'hara. he's with us again tonight. former nhl player sheldon kennedy, a victim of abuse himself, joins us to talk about these children and what happens to them next. we're also going to be talking about big questions with mike mcqueary, the guy who saw what happened in the locker room. explicit sexual act. only been put on paid administrative leave. is that right? we talk about that. and it's been more than a month since the decision appearance of lisa irwin. that's the baby who's been missing for a movant. that's how many millions penn state football team made in profits. when you look at all of the sports at the end of the day the athletic department only made $32 million from the teams last year, so you can see that is all football. it is frightening to think that jerry sandusky found many of his victims in a place that was set up to be a safe haven for under privileged boys. the second mile charity was established in 1977. this is him talking about the goals of the organization. >> we thought if we could help a handful of kids, we would do that. then the staff and people have looked at resources we had, at the needs that existed and grown and reached out and touched so many kids. >> sandusky remained a part of second mile until 2008. nfl hall of famer frank o'hara played football for sandusky at penn state. he's been an honorary board member with second mile for more than a decade. he's "outfront" with us tonight. thank you for coming back on. there's a lot i want to ask, but first, just to explain, when you say honorary board member, what did that mean your actual involvement was? did you have to go to meetings? were you aware of what happened in 2002 or in 2008 when the charity said that mr. sandusky could not spend time with the children? >> as an honorary board member it is usually by name only. you don't go to board meetings. your listed on their letter head. so donors and people who give money and hopefully kids could see it to build up the pr for that charity. but there's no involvement in management or on any board that makes any decisions. >> do you, looking back on it now, feel differently about how boards work. i can understand how having your name on it would help kids come or donors give but i'm sure at this point you feel a little strange about it. >> well, it still comes as a shock to us about jerry. he reached far and wide. people that were very, very close to him just had no clue. when you work hard to get involved with program that helps kids, there's somethings you can do and some things you can't control. we all believed in what jerry was doing. the second mile is a great program. it helps thousands and thousands of kids a year, and it has changed a lot of lives, but unfortunately, we did have a predator that you talked about earlier. and it's very unfortunate that this organization was -- that it is part of this. >> franco, you talked to me earlier this week about joe paterno before -- actually earlier in the night that he lost his position as head coach and you defended him that night saying you thought he should be able to the stay on. obviously within hours he was removed. how do you feel now? do you think it is the right decision now given we heard he heard an explicit rendition of what happened in the shower with the rape of the 10-year-old boy and did not go to the police? >> well, i'm still upset about the decision. i thought it was -- a convenient decision on many fronts. when you look at what happened and we talked about what happened many times where joe did his legal duty. the grand jury is a legal entity. it is not a moral entity. and mike and joe did their legal requirement. like i stand by that. he did the right thing. and the big question now is going to be, have they ever found that 10-year-old boy because when they go to court that's going to be a tough situation there. and so we are hoping that people will come forward in this case. >> all right. franco, thank you very much. for those watching, there have been reports that a lot of people have been calling law enforcement in pennsylvania with reports of other abuse, but we still have the eight boys right now that have formally been involved. former nhl player kennedy was abused by his hockey coach. he came forward in 1996. he is an advocate. do you think that so far the school is doing the right thing or not? >> absolutely. i think they had to take a stand, erin. they had to get rid of anybody that had any involvement with this, and my thing is that they have an opportunity to, you know, take a negative situation and really turn it in to a positive situation because i think that's what their expectation is. they have the ability now to reach out and help millions of kids in the country. >> sheldon, how many kids do you think are involved? i know last night when we were talking, martha coakley, who prosecuted catholic priest in boston said when you have an abuser it is usually hundreds. you have been abused by a coach. what do you think is possible here? >> well, i know that in my case, in the investigation, the police figured there were 75 to 150 kids in their investigation. i know the fbi studies say that the average pedophile affects over 100 kids before they are caught, if they are caught. i think if we look at the situation, i think we could be in the hundreds. you know, the odds of all of them coming forward are probably not great, but there will be more i'm positive. and i'm thinking because of this case there's going to be more victims coming forward across the country, which is a good thing. >> it is a good thing. thank you very much, sheldon kennedy, for being with us again. >> yeah, thank you, erin. appreciate it. a new poll has herman cain leading the gop despite the controversy surrounding his campaign and sexual harassment. we're going to talk about that and the unlikely and amazing number two. and then italy, close to passing an austerity package. is this really the end of silvio berle sconeny. and whas the best way to get good press? write it yourself. samantha jane. ♪ guys, christmas dinner and you're bringing toys to the table? ♪ that, that's not a toy... let's eat! 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[ man and woman ] hello? hello?! what are these guys doing? [ horn honks ] could you please not honk while this guy's telling me about his chevy volt? is that that new... is that the electric car? yeah. but it takes gas too. ask him how much he spends on gas. how much does he spend on gas? how much do you spend on gas? how much do i spend on gas? if i charge regularly, i fill up like once a month. he only has to fill up about once a month. [ woman ] wow. that's amazing. we start the second half of our show with stories we care about, we focus in our own reporting and do the "outfront" first up, federal investigators are looking into the potential safety of lithium ion batteries. these are the batteries with power electric cars. investigators became concerned after a battery in a chevy volt caught fire three weeks after a crash test. here's the thing. despite all the advertising and celebrities saying it's cool to drive these cars, we looked at number, and it doesn't seem to be the truth. less than 1% of those company's total sales. number two, the plan just picked to lead an independent investigation into the handling of the war dead has quit. a senior pentagon official told cnn tonight this should not affect the probe. richard carmona stepped down so he could run for an arizona senate seat. they haven't said who will take over. number three, as we predicted earlier this week, call of duty, modern warfare three, is on its way to setting an entertainment industry record. activision, the maker of the game, announced 6.5 million games were sold in the first 24 hours. video game analysts told us the game could sell 20 million by the end of the year. that equals $1 billion in revenue, which would be a record. number four, "outfront" learned that president obama called the coshare chairs of the super committee today telling them a deal must be reached. democratic senator patty murray received phone calls from the president. we're told mr. obama told them each side must make hard choices. the committee of 12 days to decide. it's been 98 days since the u.s. lost its top credit rating. what are we doing to get it back? if you did not know, this is amazing. colleges have debt and are rated. by the credit rating agencies, too. penn state has debt. the scandal has caused their debt to be put on review. for potential downgrade. they will monitor the reputational and financial effects of the events there. that feeds all the way through to things like tuition. at this hour, students at penn state are getting ready for a vigil of the victims of the child rape scandal, which has rocked the university. even though head coach joe paterno has been fired, the school still has a football game to play tomorrow against nebraska. for some perspective on the game, the football program, and the culture of impunity that led to this point, we're joined from state college pennsylvania by andy staples, college football writer for sports illustrated. andy, really appreciate you taking th