"intercourse," what would be more accurately called anal rape. there is in intercourse with a child. that's called rape. david lee miller is outside the courthouse in pennsylvania. >>reporter: a few moments before we went on the air jerry sandusky's attorney left the courthouse behind me at first he was reluctant to speak because of the gag order but when pressed he said the decision not to put jerry sandusky on the stand was made only this morning. here, now, is the back story to that. at 11:00 this morning, following a recess, widely expected that jerry sandusky was going to testify. instead...