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As i said, it should have been noted and left to the prosecutor to say i want the judge off this case. again, not because there is a conflict necessarily, but certainly at a minimum is the appearance of conflict. and certainly when we see that film i just have to throw this in, when you saw the film, if i'm the prosecutor on the case, that shows sandusky, that's my opening statement to the jury. >> now here's something else that bill, we have in. an e-mail last week, just last week, from mike mcqueary, who is the man at the center of this in 2002 that witnessed allegedly witnessed the raping o...

Defense lawyer. joining me now from penn state is michael isikoff, nbc news national investigative correspondent. bill fallon, a former prosecutor who oversaw the sexual assault and child abuse units. he's dealt with many cases involving the catholic church. and john martin, staff writer for "the philadelphia inquirer." michael, tell me about paterno's hire of this lawyer and what is it an indication of? >> well, it's an indication of just how serious the legal issues are for coach paterno. he's been described as a cooperating witness in the case, not a target or subject of the investigation, ...

Going to be trials of the principles in which coach paterno is going to be a key witness. anybody in that situation neither a top-flight lawyer. in addition, there is the very real prospect of multiple civil lawsuits here. i can tell you the paterno family and advisers are certainly kerr are concerned about that. they know it's coming. we've seen it as issues in cases of the catholic church and boy scouts, where there have been massive judgments. inevitably the threshold in civil lawsuits like that are much lower than in criminal prosecutions, and the very real likelihood that coach paterno co...

Naked in the shower. when you look -- >> not for the first time. >> yeah, go to that, fallon. this wasn't the first time. there was a case in '98. tell us about -- >> this is what is absolutely outrageous, which is why i think the college has got to give up and butte out everybody. if in fact you had someone in the shower with the kid and whether or not they could prove they were molesting the child, and then he somewhat apologizes or whatever, he's out in six months. the university is on notice, paterno is on notice, everybody is on notice who at least has something to do with them. if the po...