Scared Monkeys Discussion Forum

http://www.mcall.com/news/local/mc-penn-state-syracuse-wrap-20111118,0,3771298.story
Coach sex scandal roils Syracuse
November 18, 2011

Sex-abuse claims scandalized a third university campus this autumn as allegations surfaced that Bernie Fine, Syracuse University associate head basketball coach, molested two ball boys starting more than two decades ago.

Fine was placed on administrative leave Thursday night as Syracuse city police reopened an investigation of the allegations.
 ::snipping2::
In the Syracuse University case, Bobby Davis, 39, told ESPN that Fine molested him "hundreds of times" over 16 years, starting when he was in the fifth or sixth grade.

Davis alleged the touching included rubbing his genitals and occurred at Fine's home, at university basketball facilities and on team road trips.

Although police told Davis they could not pursue the charges because the statute of limitations had expired and a university investigation foundered when witnesses denied knowledge of any wrongdoing by the coach, fresh allegations by Davis' stepbrother, 45-year-old Mike Lang, rekindled the case.

Lang said Fine also molested him 15 to 20 times. Both Lang and Davis worked as ball boys for the Syracuse basketball team.

Edit to change subject line to reflect Bernie Fine's Employment Change.  MB

http://www.npr.org/blogs/thetwo-way/2011/11/18/142499242/syracuse-assistant-coach-put-on-leave-after-new-accusation
Syracuse Assistant Coach Put On Leave After New Accusation
By Mark Memmott
November 18, 2011

Update at 3:50 p.m. ET: Syracuse assistant basketball coach Bernie Fine has called the accusations about him "patently false," The Associated Press reports.

Our original post:

The scandal at Penn State over allegations that an assistant football coach sexually abused young boys for more than a decade was followed by word about a similar situation at South Carolina's The Citadel, as we reported earlier this week.

Now there's the news that Syracuse University assistant men's basketball coach Bernie Fine has been put on administrative leave as city police there investigate allegations from two men that he molested them in the 1980s when they were ball boys for the team.
 

There are important differences between the cases. Unlike in the Penn State and Citadel situations, no one has been arrested or charged with a crime. And as Syracuse's Post-Standard details at length, the newspaper and ESPN had both investigated the claims from one of the men in 2002 and 2003 and found that none of the witnesses he had said would corroborate his story could actually do that. The university says it investigated in 2005 and also didn't substantiate the accusation.

It's the new claim, from a second man, that have led Syracuse police to open an investigation.
 ::snipping2::
The team's head coach, Jim Boeheim, issued a strong statement defending his assistant:

    "This matter was fully investigated by the University in 2005 and it was determined that the allegations were unfounded. I have known Bernie Fine for more than 40 years. I have never seen or witnessed anything to suggest that he would be involved in any of the activities alleged. Had I seen or suspected anything, I would have taken action. Bernie has my full support."

http://www.usatoday.com/sports/college/mensbasketball/bigeast/story/2011-11-19/former-syracuse-players-react-allegations/51311186/1
Abuse allegations shock former Syracuse players
November 19, 2011

Leo Rautins doesn't have all the details. No one does.
That's what the police investigation into allegations that longtime Syracuse University basketball assistant coach Bernie Fine molested two former ball boys could reveal in time. But the former SU star knows this:

"The Bernie Fine I know, I support 100 percent," Rautins said. "He's someone I've trusted with my own children."
The most well-known, of course, was former All-Big East guard Andy Rautins, who starred for the 2009-10 Syracuse team that reached No. 1 in the country. Only a few weeks after the Penn State child-abuse sex scandal involving former longtime assistant football coach Jerry Sandusky, Syracuse finds itself at the epicenter of another storm.

Like fans and other former Syracuse players, Leo Rautins reacted with disbelief Friday over the charges that Fine, head coach Jim Boeheim's right-hand man since Boeheim took over in 1976, is guilty of misconduct. Bobby Davis, 39, has accused Fine, 65, of molesting him starting in 1983 just before Davis entered seventh grade. Mike Lang, 45, Davis' stepbrother, also claims he was molested by Fine around the same time.

Fine called the accusations "patently false" Friday and said he's "confident, as in the past, a review of these allegations will be discredited and restore my reputation."

Syracuse Police said Thursday they've reopened the investigation on charges first brought to them in 2003 by Davis but were dismissed after four people Davis said would corroborate his claims failed to do so.

So much for Saturday's game at the Carrier Dome being an ordinary early season matchup for the fifth-ranked Orange (3-0) against usually overmatched neighbor, Colgate (1-1). Tip-off is at 4 p.m. and on Time Warner Channel 26. In the absence of Fine, who has been put on administrative leave, former SU star and graduate assistant manager, Gerry McNamara, was elevated Friday to the coaching staff.
 ::snipping2::

http://espn.go.com/espn/otl/story/_/id/7248184/syracuse-police-investigating-bernie-fine-molesting-boy-1980s
Syracuse's Bernie Fine placed on leave
November 18, 2011

(Video at Link)

http://www.washingtonpost.com/blogs/answer-sheet/post/syracuse-chancellors-letter-to-alumni/2011/11/19/gIQAf08bbN_blog.html
Syracuse chancellor’s letter to alumni
November 19, 2011
By Valerie Strauss

http://www.timesunion.com/sports/article/Syracuse-s-Fine-calls-allegations-patently-false-2277613.php
Syracuse's Fine calls allegations 'patently false'
November 14, 2011
JOHN KEKIS, AP Sports Writer

http://www.syracuse.com/news/index.ssf/2011/11/da_william_fitzpatrick_says_be.html
DA William Fitzpatrick says Bernie Fine investigation to take several weeks
November 20, 2011

Syracuse, NY - Onondaga County District Attorney William Fitzpatrick today said his office's investigation of sex abuse allegations against Syracuse University associate basketball coach Bernie Fine will likely take several weeks to conclude.
 ::snipping2::
The DA said he would not comment on who had or had not been talked to by his office at this point.

Friday, Fitzpatrick said he planned a full investigation into the accusations against Fine as well as into what was done when Davis previously reported his allegations to the Syracuse Police Department in 2002 and to SU in 2005.

The DA expressed concern Friday that his office had not been notified about either time David had come forward previously with his allegations.

SU officials Friday provided the prosecutor's office a copy of the report its legal counsel prepared after its investigation of Davis' complaints in 2005. That investigation found no evidence to corroborate Davis' claims, SU officials have said.

Fitzpatrick, who was out of town today when contacted by phone, said he had not yet had a chance to review the details of that report to see who was interviewed and what Davis actually reported to SU at the time.

He also said his office had not yet received any reports generated by the city police in 2002 based on Davis' initial contention to authorities that he had been molested by Fine from the time he was 12 or 13 - and a ballboy at SU - to the time he was 28.

Fitzpatrick said he expected to have any police reports from that 2002 encounter between Davis and police in his office Monday.
 ::snipping2::

http://content.usatoday.com/communities/campusrivalry/post/2011/11/bobby-davis-responds-to-jim-boeheims-defense-of-bernie-fine/1
Bobby Davis responds to Jim Boeheim's defense of Bernie Fine
November 20, 2011

SYRACUSE, N.Y. -- A man accusing Syracuse associate coach Bernie Fine of molesting him as a child and into adulthood has responded to comments made by Syracuse head coach Jim Boeheim, who is defending his long-time assistant and has said the man and another accuser, both former ball boys, are lying and motivated by money.

"How does he know what happened at Bernie's house at night?" Bobby Davis, 39, said on ESPN.
Davis alleges that Fine began molesting him before he entered seventh grade.
 ::snipping2::
Fine denied the accusations in a statement released by his lawyer Friday. The university placed him on administrative leave last week pending an investigation.

New York law experts have told USA TODAY that Davis and the other accuser, Mike Lang, 45, appear to have no grounds for a criminal case or civil recourse to sue. Civil lawsuits must be filed within a year of the alleged offense or a within a year of the victim 18th's birthday. The statute of limitations for criminal charges is five years from the victim's 18th birthday.

"There's no case here," New York University law professor Martin Guggenheim said Friday.

That seems to debunk Boeheim's theory that the accusers are out for money.

"I just don't want it to happen anymore," Davis told ESPN, breaking down in tears. "A guy that hurt me a lot … he's hurting people still. I just want him to get help. I want him to stop."

http://www.syracuse.com/news/index.ssf/2011/11/espn_report_on_syracuses_berni.html
ESPN report on Syracuse's Bernie Fine was 'irresponsible,' Fox Sports columnist says
November 21, 2011

(Interesting comments)

http://www.boston.com/sports/colleges/mens_basketball/articles/2011/11/21/police_probe_of_syracuse_assistant_to_take_weeks/
Police probe of Syracuse assistant to take weeks
November 21, 2011

SYRACUSE, N.Y.—Syracuse Police said Monday it will take several weeks to investigate allegations by two former ball boys who said they were molested more than 25 years ago by a Syracuse University assistant basketball coach.
Onondaga County District Attorney William Fitzpatrick's office also is investigating the allegations lodged against Bernie Fine. Syracuse Mayor Stephanie Miner said police will not release information on the investigation "in piecemeal fashion."

Fine has been placed on paid administrative leave by the university. In his 36th season as an assistant to Hall of Fame coach Jim Boeheim, Fine has called the charges "patently false," asked for a quick review, and expressed confidence he would be vindicated.
 ::snipping2::
Davis previously reported his allegations to Syracuse police in 2002 and to the university in 2005. Police declined to pursue the case because the statute of limitations had expired, and the university could not corroborate his claims during a four-month investigation.

Davis had said interviews with four other people would support his allegations, but all denied any knowledge of wrongful conduct by Fine, according to the university.
 ::snipping2::
Students were mostly gone from campus on Monday ahead of the Thanksgiving holiday. A handful of protesters gathered near the main entrance and called for the elimination of the state's statute of limitations in child sex abuse cases.

"It's time to stop hiding behind the statute of limitations," said Richard Tollner of the New York Coalition to Protect Children. "Children must have a voice."

Prosecutions in New York state for felony sex abuse of a child have to begin within five years after authorities learn about it, or within five years after a child turns 18.

Paul DerOhannesian, defense attorney and former Albany County prosecutor, said the five-year statute of limitations has clearly passed for any alleged crimes in this case if they took place in New York. Any out-of-state incidents during basketball road trips would be subject to the laws of those states, which might not have the same limits, he said.

DerOhannesian said the prosecutor also can bring information and witnesses before a grand jury to do a fact-finding report and recommend changes in the law.

http://www.syracuse.com/news/index.ssf/2011/11/onondaga_county_district_attor_5.html
Onondaga County district attorney's office seeks Bernie Fine records
November 21, 2011

Syracuse, N.Y. -- A showdown looms Tuesday between the Onondaga County District Attorney’s Office and the Syracuse Police Department over the records relating to the sexual abuse allegations against Associate Syracuse University Coach Bernie Fine.

Monday, Onondaga County District Attorney William Fitzpatrick went to court and obtained a subpoena requiring the police to turn over the records from 2002 to the present for presentation to a grand jury today, he said.

But when that subpoena was delivered to Deputy Chief Sean Broton, it was rejected, the district attorney said.
 ::snipping2::

http://www.reuters.com/article/2011/11/22/us-syracuse-investigation-idUSTRE7AL2TE20111122
Syracuse University basketball coach investigators spar
November 22, 2011

(Reuters) - Authorities conducting separate investigations of an Syracuse University assistant basketball coach accused of inappropriate behavior with a ball boy sparred on Tuesday over sharing information.

The two sets of law enforcement -- Onandaga County District Attorney William Fitzpatrick and the Syracuse Police Department -- met at a hearing in state Supreme Court but their differences were not resolved, the prosecutor's office said.

The district attorney launched a grand jury investigation last week into allegations against Bernie Fine, the university's associate head basketball coach.

Fitzpatrick has said the Syracuse police, which has reopened its own investigation into Fine, had refused to share its information with him.
The alleged behavior by Fine took place in the 1980s and 1990s when the accuser was a juvenile. He has been identified as Bobby Davis, now 39, a former team ball boy.

Fine has called the allegations, "patently false in every aspect." He was cleared by a four-month university investigation in 2005.

Syracuse police reopened its investigation when a second accuser, Davis's stepbrother, came forward.

Fine, in his 35th season with Syracuse, was placed on leave last week.

Hoping to obtain what information the police have, the district attorney issued a subpoena to compel the police to cooperate.

The court hearing on Tuesday regarding the subpoena was sealed by Judge James Murphy, and the parties involved were forbidden from discussing the dispute, said Rick Trunfio, a spokesman for the district attorney.
More...

http://abcnews.go.com/Sports/wireStory/dispute-simmers-syracuse-coach-investigation-15009504
Dispute Simmers Over Syracuse Coach Investigation
November 22, 2011

A prosecutor frustrated that police won't turn over records about a sexual abuse investigation into Syracuse University assistant basketball coach Bernie Fine now has a subpoena, but the dispute over the material won't be settled this week.

Attorneys for Onondaga County District Attorney William Fitzpatrick and Mayor Stephanie Miner appeared Tuesday before state Supreme Court Justice Thomas Murphy, who ordered the proceeding sealed.

Fitzpatrick issued a subpoena for records from a police investigation into Fine in 2002, but Miner said the city police department won't turn over records in a "piecemeal" fashion to any entity, including the prosecutor. She said police first will conduct a thorough investigation.

Both sides are due back in Murphy's chambers next Tuesday.
 ::snipping2::
Fitzpatrick said that when the subpoena was delivered to police on Monday it was greeted with an obscenity.

"I've never seen this happen in my history with the DA's office," Fitzpatrick told The Post-Standard of Syracuse about the lack of police cooperation. But he added: "The records are going to be provided."
Chief Assistant District Attorney Domenic Trunfio said Tuesday that a full grand jury investigation will be conducted.

Fitzpatrick said he took the unusual step of getting a subpoena from a judge after police refused requests for information since Thursday, when ESPN first reported the allegations.

Miner released a statement Monday saying no information would be shared until police complete their investigation.
 ::snipping2::

http://www.nj.com/college-basketball/index.ssf/2011/11/dalessandro_in_syracuse_scandal_boeheim_may_be_loyal_to_a_fault_or_media_could_be_to_blame.html
D'Alessandro: In Syracuse scandal, Jim Boeheim may be loyal to a fault or media could be to blame
November 23, 2011

 ::snipping2::
He had come to speak about his Syracuse team opening the preseason NIT at the Garden tonight, but maintaining that loyalty might be the greatest challenge Boeheim faces this season.

If Jim Boeheim’s right, and Bernie Fine is innocent, somebody is due a pretty big apology. If Jim Boeheim is wrong, and his longtime associate head coach is guilty of molesting two former ball boys, well ... appearance aside, he is not quite ready to deal with that emotionally.

On the eighth floor of the Marriott Marquis, inside the bright and glitzy Broadway Lounge, he said this after the third question about Fine:

“I made one statement. I think it was the right statement. I don’t have to repeat it, everyone’s seen it. I support Bernie. Like I said, known him for 50 years. If something else happens, some factual things, then we’ll have to adjust to that.”
It’s hard to wrap your mind around all the facts, especially since decades have passed since the alleged misdeeds, especially when the ordeal that threatens to drown Jim Boeheim is either a heinous crime or a hasty story grab by a network that also feathers the nests of college coaches everywhere.

So, just as any of us would be thunderstruck by this, especially if we’re defending a friend, Boeheim stuck to the Q-and-non-A format:

“I mentioned that there were three investigations into this, and nothing was found,” he said. “Now there’s going to be another investigation and we’re going to have to see what’s there. Until then, you know … I literally don’t have any facts.”

So we asked him: Did the media jump the gun on this?

He did a double take. “That’s not for me to say,” he replied. Then, a rare smirk. Another glance over his shoulder. “Read Jason Whitlock,” he suggested, referring to the national columnist who smashed ESPN to pieces Tuesday for airing the Bobby Davis allegations against Fine, while we were all still dizzy from Penn State.

His point was clear. They’re always moving the line when it comes to journalistic standards, but in this case, if this story wasn’t good enough back in 2003 for ESPN — when Davis first made his allegations — it may not be good enough for ESPN in 2011, either.

But the network believed the corroboration of the Davis’ stepbrother, Michael Lang, was enough to tip the scales. ESPN concluded that Lang, who also claims to have been molested by Fine in the 1970s, is the second, credible witness it needed to go forward with the story. The resulting clamor, of course, was enough for police to initiate its investigation.

ESPN, however, never asked some pertinent questions.

If Lang was abused by Fine all those years ago, why would he expose his stepbrother to the same man, and allow Davis to take a ball boy job that would leave him as vulnerable as he had been himself? Why didn’t Lang corroborate Davis’ story back in 2003, when the Syracuse Post-Standard and ESPN and the university all spoke to him? Was Lang’s decades-long brain freeze really a case of “denial”?

You wonder whether ESPN asked itself: Is Lang really the kind of guy we want to base the credibility of your story on?

Another investigation may not resolve this. The accuser is either telling the truth, or a partial truth, or he’s contrived a story with somebody who still has to explain why he allowed his brother to be victimized.

Jim Boeheim, whether he wants to admit it or not, awaits the same answers.

“I have no inkling, ever, no inkling of anything,” he said.

 ::snipping2::

http://www.syracuse.com/news/index.ssf/2011/11/accusers_biggest_fan_helped_pr.html
Accuser's biggest fan helped prompt Bernie Fine sex abuse investigation
November 23, 2011

http://www.nydailynews.com/sports/college/document-leak-syracuse-sex-abuse-case-police-district-attorney-odds-article-1.982210?localLinksEnabled=false
Document leak in Syracuse sex abuse case has police, district attorney at odds
A battle over evidence continues
November 23, 2011

 ::snipping2::
In a news conference Wednesday, Onondaga County District Attorney William Fitzpatrick said Syracuse police Chief Frank Fowler and Deputy Chief Sean Broton leaked a witness affidavit to embarrass the district attorney’s office over the handling in 2002 of former Syracuse ball boy Bobby Davis’ initial claims that Fine had molested him.

Mayor Stephanie Miner defended the police officials Wednesday, saying police had conducted themselves “with complete professionalism and integrity.”

The Syracuse Post-Standard newspaper has published details from the affidavit. Miner said Fowler and Broton did not authorize the release of any documents .

Meanwhile, a state judge is expected to decide next week if Fitzpatrick can obtain records from the Syracuse police from their 2002 Fine investigation. Fitzpatrick has issued a subpoena for the records, but Miner said the city’s police department needs to complete a thorough investigation before it turns over its records.

Fitzpatrick said that when the subpoena was delivered to police on Monday it was greeted with an obscenity. “I ’ve never seen this happen in my history with the DA ’s office, ” Fitzpatrick told The Post-Standard of Syracuseabout the lack of police cooperation.

Attorneys for the district attorney and the mayor appeared Tuesday before Supreme Court Judge Thomas Murphy, who ordered the proceeding sealed. Both sides are scheduled to return to Murphy’s chambers next Tuesday.
 ::snipping2::
Fitzpatrick said he took the unusual step of getting a subpoena from a judge after police refused requests for information since last week, when ESPN first reported the allegations against Fine years

http://www.syracuse.com/news/index.ssf/2011/11/da_william_fitzpatrick_declare.html
DA William Fitzpatrick declares war on Syracuse police Chief Frank Fowler over Bernie Fine case
November 23, 2011

Police in Sex Case Search Syracuse Coach's Home
Published November 25, 2011

SYRACUSE, N.Y. –  Authorities involved in a sexual-abuse investigation of Syracuse University assistant basketball coach Bernie Fine carried out a search at his home Friday but declined to comment on what they were looking for.

New York State Police spokesman Jack Keller said troopers were called to assist the U.S. attorney's office at the search. Assistant U.S. Attorney William Pericak said he "can't confirm or deny" an investigation.

<snipped>

http://www.foxnews.com/us/2011/11/25/police-in-sex-case-search-syracuse-coachs-home/

gantdaily.com/2011/11/26/bernie-fine-probe-accelerated-authorities-search-syracuse-assistants-home/
Bernie Fine probe accelerated; authorities search Syracuse assistant’s home
November 26, 2011

Investigators from various agencies, including officers from the U.S. Secret Service, searched the house of Bernie Fine as part of the investigation of sexual abuse allegations against the Syracuse University associate men’s basketball coach.

Dozens of federal agents, officers from Syracuse police and New York State Police converged at about 1:45 p.m. Friday at Fine’s $300,000 DeWitt home at the 7001 Tiffany Circle searching for evidence.

The search was conducted after the U.S. Attorney’s Office obtained a search warrant Friday afternoon.

The officers spent more than 8 hours searching the house of Fine. They searched both inside and outside the home, as well as the surrounding woods.

Authorities looked through items in plastic bags and also examined two SUV’s that were parked in Fine’s driveway.

Their work also included taking pictures, looking through trash and removing three filing cabinets.

According to Syracuse.com, a two-foot high metal filing cabinet was wheeled down the driveway by Syracuse police just before 8 p.m.

It was loaded into the back of a Syracuse police-owned pickup truck, before a second filing cabinet, measuring four-feet, was also loaded into the back of the truck about 15 minutes later.

It was followed by another 4-foot cabinet 15 minutes later.

All the drawers of the said cabinets were secured with tape repeatedly marked with the world “Evidence”, Syracuse.com reported.

Friday’s action suggests that the probe has taken a new direction. Federal prosecutors and the Syracuse police are now working together in the investigation.
More...

So, this case has actually been investigated before, right?

http://www.syracuse.com/news/index.ssf/2011/11/us_secret_service_joins_invest.html?utm_source=dlvr.it&utm_medium=twitter
U.S. Secret Service joins investigation into Syracuse University associate head basketball coach Bernie Fine
November 25, 2011

http://www.syracuse.com/news/index.ssf/2011/11/us_secret_service_joins_invest.html?utm_source=dlvr.it&utm_medium=twitter
 ::snipping2::
Davis went to Syracuse police in 2002 with child-molesting allegations against Fine. He said he talked to a detective for about five minutes. He heard nothing from police for nine years. Davis’ former girlfriend, Danielle Roach, said she tried to take Davis’ allegations to the Onondaga County District Attorney’s Office that same year.

Roach left messages, but prosecutors never returned her phone calls, she said.

Neither the police department nor the district attorney’s office launched an investigation until this month, when Roach went to Syracuse police on Davis’ behalf and his stepbrother came forward.

I'm not so certain I agree with "At best, this story dies."  I don't quite understand that thinking.  It would appear to me this "story" needs to be investigated and any and all parties held accountable.  When the accusations were made years ago, was there an investigation and did it follow general principle?   Was the law followed?  If  it's found Bernie Fine didn't molest this young man or if there isn't enough evidence to support it, but reports of an investigation weren't filed,  that needs to be looked at.  Wouldn't that just be crazy?  I mean, to cover up something that didn't happen?  Why?  Why cover up?  Was it fear of the damage of even an accusation?  Still, I believe it requires following rules and laws.  And IF it's found Bernie Fine molested young men and there was a cover up, that certainly requires examination including the cover up. 

http://www.nydailynews.com/sports/college/raid-syracuse-assistant-basketball-coach-bernie-fine-house-local-authorities-refuse-article-1.983048?pgno=1
Raid of Syracuse assistant basketball coach Bernie Fine’s house comes as local authorities refuse to help each other
At best, this story dies. Still, Fine's life will never be the same
November 27, 2011

 ::snipping2::
Page 2 of 2
The scandal involves a former ballboy who complained to Syracuse police in 2002 that Fine had molested him for years. The police officer who took the initial complaint reportedly cited the statute of limitations, saying too much time had passed, and declined to investigate. The ballboy’s girlfriend then supposedly called the District Attorney’s office, but it is unclear what, if anything, the DA did, especially since the DA says his office has no record of the girlfriend’s call.

In 2005 the ballboy then complained directly to Syracuse University, which of course hired a team of lawyers to investigate the allegations. Apparently the ballboy provided SU’s lawyers with the names of witnesses who would corroborate his allegations and mentioned that he was even abused at road games in the team’s hotel, including out-of-state, and that head coach Jim Boeheim had seen the ballboy with Fine in the assistant coach’s hotel room. The problem is that the witnesses purportedly told SU’s lawyers that they couldn’t confirm the allegations, Fine supposedly never had his own room on the road and Boeheim says he never saw the ballboy in Fine’s room.

All was quiet until the Penn State scandal broke, and last week ESPN reported that it had been aware of the allegations against Fine since 2002, but didn’t air the story until the former girlfriend went back to the police this month and the ballboy’s stepbrother came forward and also made allegations against Fine. The ballboy told ESPN he had been abused from the time he was about 12 until he was 27.

We will likely eventually find out why the feds decided to help out with this investigation, and hopefully it isn’t because the local mayor called the U.S. Attorney as a result of the nasty and embarrassing relationship between the police chief and the local prosecutor.

Regardless, the defense lawyers I’m talking to all agree that the feds had to have some kind of probable cause about something to obtain a search warrant for Fine’s home, and if Secret Service officials are involved, the investigation is already moving beyond the allegations of the ballboy.

In full disclosure, I am a Syracuse graduate and have no idea whether the allegations against Fine are true or not. However, a federal investigation usually doesn’t end with a prosecutor saying that nothing was found. At best, the story just dies.

The only thing certain in this case is that Fine’s life will never be the same, even if he has done absolutely nothing wrong, and that he will never coach again, unless of course, he gets a good lawyer.

http://www.syracuse.com/news/index.ssf/2011/11/third_accuser_says_su_coach_be.html
Third accuser says Syracuse coach Bernie Fine sexually abused him as child
November 27, 2011
By Mike Mc Andrew and John O'Brien

(http://media.syracuse.com/news/photo/10296652-large.jpg)
Gary Walts/The Post-Standard Police talk to Syracuse University associate head basketball coach Bernie Fine while executing a search warrant at Fine's home at 7001 Tiffany Circle in DeWitt. Authorities are investigating allegations that Fine sexually abused three men when they were children.

Syracuse, N.Y. -- A third accuser told police Wednesday that Syracuse University associate head basketball coach Bernie Fine sexually abused him as a child.

That revelation prompted authorities to search Fine's home two days later, a source said.

Zach Tomaselli, 23, of Lewiston, Maine, told Syracuse police that Fine molested him in 2002 in a Pittsburgh hotel room when Tomaselli was 13 years old.

Syracuse police detectives Raul Santana and Clark Farry interviewed Tomaselli, who grew up 78 miles north of Syracuse, for more than four hours Wednesday afternoon in Albany, Tomaselli said.

Tomaselli — who is facing sexual assault charges in Maine involving a 14-year-old boy — said he signed a police affidavit on Wednesday accusing Fine of molesting him in the Pittsburgh hotel the night before an SU game against Pitt.

Tomaselli alleged in his statement that Fine invited him to a party at Fine’s DeWitt home in 2003 following another SU game, and it describes in detail the inside of Fine’s house at 7001 Tiffany Circle.

Tomaselli’s friend, Rose Ryan, said Saturday she was with Tomaselli and the police at a Marriott hotel room in Albany when one of the detectives read out loud Tomaselli’s statement. She shared the content of the statement with The Post-Standard.

Ryan said she gave Syracuse police a signed statement that alleged Tomaselli told her two years ago in her apartment that Fine had sexually abused him in 2002.

No one witnessed the alleged abuse by Fine, Tomaselli said, and he does not have any physical evidence to back up his allegations.

Federal prosecutors used Tomaselli’s statement to police as proof of possible crimes when they applied to a judge for a search warrant of Fine’s home, according to a source who spoke on the condition of anonymity.
 ::snipping2::
Officers who searched Fine’s home seized a cabinet full of Fine’s financial records, most of them related to his insurance business, said Joseph Spadafore, a private investigator who responded to a message The Post-Standard left on Fine’s home phone Saturday.

Police also seized Fine’s cell phone and a computer that was not Fine’s, said Spadafore, who said he is working for Fine’s attorney, Karl Sleight.
 ::snipping2::
Tomaselli’s father said his son is a liar.

Fred Tomaselli, who lives in Rutland, in Jefferson County, denied ever meeting Fine or letting his son go to Pittsburgh with the SU team in 2002. He said his son did not go to a party at Fine’s house in 2003.

Fred Tomaselli said his son is lying about Fine.

The father and son have been estranged for years, Zach Tomaselli said.

Syracuse police have not filed any charges against Fine. Police confirmed Nov. 17 that they were investigating Fine after ESPN aired a story about allegations brought by Davis and his stepbrother, Lang, both former SU ball boys.

The university put Fine on administrative leave the night that the news broke. The school said it conducted its own internal investigation of Davis’ allegations in 2005 and found no corroboration of his claim.

Davis, now 39, lived in Fine’s house as a teen and baby-sat his children. He told The Post-Standard in 2002 that he was sexually abused by Fine for years, beginning in the mid-1980s when he was 12 or 13 years old. He alleged some of the abuse occurred while he was traveling with SU’s team on out-of-state trips, including to the Final Four in New Orleans in 1987, when Davis was 15.

The allegations by Davis and Lang would be too old to be prosecuted because of the statute of limitations. But the alleged abuse of Tomaselli in 2002, if true, might be prosecutable in federal courts.

Although most federal crimes carry a five-year statute of limitations, some run longer, including sexual or physical abuse or kidnapping of a child under 18 years old. Someone can be charged with those offenses within 10 years of the crime.

For such a crime to fall under federal jurisdiction, there would have to be an act of crossing state lines or the use of interstate commerce, according to Edward Z. Menkin, a Syracuse criminal defense lawyer who practices in federal court. The interstate conduct could include the use of the Internet in the commission of the crime, he said.

If an adult arranged for a child to be transported across state lines for the purpose of sex, that would also be sufficient basis for federal agents and prosecutors to get involved, Menkin said.

Tomaselli said he talked briefly with Davis several times on the phone since the story broke and before he called the police. Tomaselli said he has never met Davis or Lang.

Tomaselli said he first talked with Syracuse police Monday.

Later that day, Tomaselli posted a message on his Facebook page that alleged Fine molested him.

“I wanted to announce this to encourage all sex abuse victims to come forward as tough as it is because we can stop other kids from this abuse,” Tomaselli wrote.

Tomaselli said he has not asked Syracuse police or federal authorities for help getting the criminal charges against him dismissed in Maine.

On April 13, Lewiston police arrested Tomaselli on an indictment warrant that charged him with gross sexual assault, tampering with a victim, two counts of unlawful sexual contact, five counts of visual sexual aggression against a child and unlawful sexual touching.

Tomaselli was accused of having sexual contact with a 14-year-old boy who attended a camp where Tomaselli worked as a counselor. The charges stem from alleged incidents in 2009 and 2010. Tomaselli has pleaded not guilty.

Tomaselli acknowledged he was also fined $500 in 2010 for providing alcohol to a minor in Maine. He said he bought alcohol for a 20-year-old.

Unlike Davis and Lang, Tomaselli said he never played organized basketball and did not attend the Big Orange Basketball Camp that Fine ran.

Tomaselli said he first met Fine when he and his father attended an SU team autograph session on the SU campus in late 2001.
Shortly after that, Tomaselli said, Fine telephoned Tomaselli’s parents and arranged for the teen to travel to Pittsburgh with the SU athletic department staff on a chartered bus, spend the night in Fine’s hotel room and then attend the SU vs. Pittsburgh basketball game Jan. 22, 2002.

Tomaselli said he ate dinner with the team in Pittsburgh. Afterward in the hotel room, Tomaselli said, Fine switched on a pornographic movie on the TV, and Fine fondled Tomaselli’s penis in bed.

The next day, Fine arranged for Tomaselli to attend the game for free and sit about 5 to 10 rows behind the SU bench at Fitzgerald Field House, Tomaselli said.

After the game, Tomaselli said, he rode the SU chartered bus to the Pittsburgh hotel and then back to Syracuse.

About a year later, Tomaselli said, Fine arranged for him and his father to attend the SU-Pitt game Feb. 1, 2003, at the Carrier Dome and sit 10 to 15 rows behind the SU bench.

After the game, Tomaselli said, he and his father bumped into Fine as fans stormed the Carrier Dome court. Fine invited Fred Tomaselli and his son to a party at Fine’s home, Tomaselli said. Tomaselli said his father was unable to go. But his father agreed to let the 14-year-old Tomaselli go to Fine’s house, spend the night there, and have Fine drop him off the next morning at Hancock Air Base, where the father worked, Tomaselli said.

In the morning, Fine drove him to Hancock Air Base, Tomaselli said. Tomaselli said he never talked to Fine again after that.

Tomaselli said he never told anyone about what happened in the Pittsburgh hotel room until he told Ryan a few years ago.

http://centralny.ynn.com/content/top_stories/565130/espn-airs-new-evidence-in-bernie-fine-case/
ESPN airs new evidence in Bernie Fine case
November 27, 2011

 ::snipping2::
ESPN has obtained a recorded phone conversation between Bobby Davis and a woman he claims is Fine's wife Laurie.
 ::snipping2::
In the new recordings aired by ESPN, the woman said to be Laurie Fine claims to have knowledge of the abuse against Davis.

"Fine: I know everything that went on, you know. I know everything that went on with him. Bernie has issues, maybe that he's not aware of, but he has issues. And you trusted somebody you shouldn't have trusted, Bernie is also in denial. I think that he did the things he did, but he's somehow through his own mental telepathy has erased them out of his mind. The issue at hand is that he had no business doing what he did with you. Davis: In retrospect, I, I... Fine: You know what, and neither did I, because I really helped screw you up a little more too."


In addition to the tapes, the Syracuse Post-Standard is reporting that a third accuser has come forward in the case.

The paper spoke with Zach Tomaselli, who claims Fine abused him in a Pittsburgh hotel in 2002.

According to the paper, Tomaselli faces sex assault charges against a child in Maine, where he now lives.

Tomaselli's estranged father, who lives in Jefferson County, told the paper his son is lying and that he never let his son travel with the SU team in 2002.

The new revelations come the same weekend that police and federal officials searched Bernie Fine's home in DeWitt.

The U.S. Attorney's Office obtained a search warrant Friday afternoon.

Officers searched both inside and outside the home, as well as the surrounding woods.

That evening, police seized three filing cabinets, as well as several boxes.

Police are not saying what was in those filing cabinets or what lead up to obtaining the search warrant.

Federal agents were on the scene as part of the 1994 Crime Bill. Under that bill, Congress mandated the U.S. Secret Service to provide forensic/technical assistance in matters involving missing and exploited children. The Secret Service offers this assistance to federal, state and local law enforcement agencies and the National Center for Missing and Exploited Children. On April 30, 2003, President George W. Bush signed the PROTECT Act of 2003, known as the "Amber Alert Bill," which gave full authorization to the U.S. Secret Service in this area.

If the alleged phone recording between  Bernie Fine's wife Laurie and Bobby Davis is found to have occurred, then Mrs. Fine also has some answering to do both ethically and legally. This tells us she not only knew her husband was sexually abusing a child, it means she allowed it, didn't report it and etc.

And what is this part in the article where Bobby Davis says he had sex with Laurie Fine when he was a 18 year old high school senior?  See the area I green bolded in the article.   ::MonkeyNoNo::

http://www.cbssports.com/mcc/blogs/entry/26283066/33523037
Audio, third accuser surface in Bernie Fine case
November 27, 2011

The evidence seems to be mounting against Syracuse associate head coach Bernie Fine.

The most recent news in the sexual molestation case against Fine is a recorded call back in 2002 between Bobby Davis - one of the alleged victims - and Fine's wife - and also a third accuser who has come forward.

Davis and his step-brother, Mike Lang, have said they were both molested by Fine -- the long-time assistant of Jim Boeheim.

ESPN hired an independent voice-recognition analyst to confirm that the voice on the tape matched that of Fine's wife, Laurie Fine.

On the call, Davis talks with Laurie Fine -- and much of their conversation includes fairly graphic details.

"I know everything that went on, you know," Laurie Fine said on the call, obtained by Outside the Lines from Davis. "I know everything that went on with him ... Bernie has issues, maybe that he's not aware of, but he has issues ... And you trusted somebody you shouldn't have trusted ... "

"Bernie is also in denial. I think that he did the things he did, but he's somehow through his own mental telepathy has erased them out of his mind.

Davis also said he had sex with Laurie Fine when he was an 18-year-old senior in high school.

"The issue at hand is he had no business doing what he did with you," Laurie Fine said to Davis on the call. "You know what, neither did I because I really helped screw you up a little more, too."

In addition to the audio of the phone call, The Syracuse Post-Standard also reported that there is a third accuser, 23-year-old Zach Tomaselli, who told police that he was sexual abused when he was 13 years old back in 2002 at a Pittsburgh hotel room.
 ::snipping2::

I'm still waiting to see if the alleged telephone conversation between Laurie Fine and Bobby Davis is true and can be substantiated.  If the telephone conversation is found to be a hoax, I can see a big defamation suit against ESPN.  If it's not a hoax,   ::MonkeyNoNo:: JMHO Here's more:

http://aol.sportingnews.com/ncaa-basketball/story/2011-11-27/bernie-fines-wife-i-know-everything-that-went-on
Bernie Fine's wife: 'I know everything that went on'
November 27, 2011

ESPN’s Outside the Lines obtained a taped conversation between Bobby Davis and the wife of Syracuse associate head coach Bernie Fine that expresses her concern that Fine had sexually molested Davis when he was a team ball boy.

Davis publicly accused Fine of years of molestation and legally recorded a phone call to Fine’s wife, Laurie Fine, on Oct. 8, 2002.
“I know everything that went on, you know,” Laurie Fine said on the phone call to Davis. “I know everything that went on with him … Bernie has issues, maybe that he’s not aware of, but he has issues … And you trusted somebody you shouldn’t have trusted …”

ESPN said it had attempted to reach Bernie and Laurie Fine as well as Bernie Fine’s attorney for the past week, but have received no response.

Davis, now 39, shared the tape with Syracuse police after Outside the Lines reported that allegations Nov. 17. He had given ESPN the tape of the recorded conversation in 2003, but ESPN did not report that accusations because it didn’t have enough information to back up Davis’ allegations.
 ::snipping2::
According to ESPN, it hired a voice-recognition expert to confirm that Davis’ conversation was with Laurie Fine and concluded the voices match. ESPN also reported that the taped conversation was legal because the call was made and received “in states that don’t require both parties to consent to a call being recorded.”

“Laurie was a person I talked to a lot about this situation as I got older,” Davis told ESPN. “And she was there a lot of the times, and had seen a lot of the things that were going on when Bernie would come down to the basement in his house at night.”

Outside the Lines revealed another exchange in the phone conversation between Laurie Fine and Davis:

Davis: “Do you think I’m the only one that he’s ever done that to?”

Laurie Fine: “No … I think there might have been others but it was geared to … there was something about you.”

Davis: “Yeah, that’s what I’m wondering. Like I’m wondering why I was like the worst one.”

Fine: “I don’t know.”

Fine also told Davis that she wasn’t capable of coming to his defense. “And, it’s hard …” she said in the phone call. “If it was another girl like I told you, it would be easy to step in because you know what you’re up against. … (When) it’s another guy, you can’t compete with that. It’s just wrong, and you were a kid. You’re a man now, but you were a kid then.”

Laurie Fine also admitted to having a relationship with Davis and Davis confirmed that in his interview with ESPN. He said he was 18, a senior in high school, when it occurred. Davis told ESPN that he told Fine about it.

“I thought he was gonna kill me, but I had to tell him. I felt so bad. I told him about it what was going on with me and Laurie and it didn’t faze him one bit honestly.”

I'd love to see a transcript of the alleged telephone conversation between Laurie Fine and Bobby Davis.  I keep finding snippets throughout different news articles.  All still alleged imo.

http://www.foxnews.com/sports/2011/11/27/more-accusations-against-syracuses-fine/
More accusations against Syracuse's Fine
November 27, 2011

 ::snipping2::

Also on Sunday, ESPN reported that Laurie Fine admitted she had concerns her husband molested a Syracuse ball boy in their home.

That October 8, 2002 phone call was legally recorded by Bobby Davis, according to ESPN.

Davis accused Fine of molestation earlier this month, telling ESPN's "Outside the Lines" that he was molested by the coach for more than 12 years beginning in 1983, before he was in the seventh grade.

Davis reported it to Syracuse police in 2003, but was told by a detective the statute of limitations had run out. Several news organizations investigated Davis' allegations at the time but could not find a second source or supporting evidence to verify the claims, and never ran the story.

A 2005 investigation by Syracuse fizzled out after the accuser's story could not be corroborated.

ESPN said it spoke to a second man who said he was also molested by Fine around the same time, but some -- including Syracuse head coach Jim Boeheim -- criticized the alleged victim because he is a relative of Davis.

Fine, who is in his 35th season at the university and was placed on administrative leave, released a statement last week denying those allegations.

But ESPN's report Sunday quotes Laurie Fine telling Davis, "I know everything that went on with him ... Bernie has issues, maybe that he's not aware of, but he has issues."

She also told Davis, "I think there might have been others but it was geared to ... there was something about you," according to the report.

ESPN obtained the phone call from Davis in 2003 and used a voice-recognition expert to verify the voice on the tape matches that of Laurie Fine. It did not report the phone call then because of a lack of corroboration.

But the tape includes several explosive comments from Laurie Fine, who said her husband was in denial and added, "he thinks he's above the law." She also said "he needs ... that male companionship that I can't give him," and admitted to having a relationship with Davis when he was in high school.

ESPN said that during the phone call, Davis described how he asked Bernie Fine for money to help pay off student loans. He said the coach used physical force in trying to make Davis perform sexual acts, and used the money as leverage.

That report wasn't the only one to surface Sunday.

According to the Post-Standard, Tomaselli signed a police affidavit Wednesday accusing Fine of molesting him in the hotel room the night before Syracuse played Pittsburgh.

Tomaselli also alleged Fine invited him to a party at his house after another Syracuse game, and described Fine's house in detail, according to the police statement.
 ::snipping2::

http://espn.go.com/espn/otl/story/_/id/7286347/otl-audio-tape-syracuse-orange-assistant-bernie-fine-wife-admits-worries-abuse
Bernie Fine's wife had abuse concerns
November 27, 2011

Video (8:10)
Fine's Wife Had Abuse Concerns
Outside The Lines investigates the 2002 telephone conversation with the wife of Syracuse associate head coach Bernie Fine and Bobby Davis, who has publicly accused Fine of years of molestation

Please read article
 ::snipping2::
Davis, who has said he frequently slept over at the Fine household in their basement as a boy and teenager, said he made the recording of his call to Laurie Fine because he knew he needed proof for the police and the public to believe his allegations against Bernie Fine, who has served 35 years under Hall of Fame Syracuse head coach Jim Boeheim. After Davis' claims, Fine was put on administrative leave.
 ::snipping2::

http://bangordailynews.com/2011/11/27/news/lewiston-auburn/lewiston-man-says-syracuse-coach-bernie-fine-sexually-abused-him/?ref=mostReadBox
Lewiston man says Syracuse coach Bernie Fine sexually abused him
November 27, 2011

 ::snipping2::
According to a story dated Nov. 27 in the Post-Standard, the student newspaper at Syracuse, Tomaselli met with police last Wednesday in Albany, N.Y., and signed an affidavit detailing the alleged abuse in 2002 when he was 13.

Tomaselli, who grew up about 80 miles north of Syracuse, told police that he met Fine in 2001 at an autograph session at the university. Sometime after that, the Lewiston man alleged, Fine invited Tomaselli to travel to Pittsburgh with the Syracuse team, spend the night in Fine’s hotel and attend a Syracuse vs. Pittsburgh game the next day.

In the hotel room the night before the game, Tomaselli said Fine put on a pornographic movie and fondled Tomaselli’s genitals as they laid in bed, according to the Post-Standard.

Tomaselli’s father, Fred Tomaselli, said his son is lying. The father told the Post-Standard that his son never met Fine in 2001 and never spent the night with Fine in a hotel room.

The father and son appear to be estranged and the younger Tomaselli offers a possible explanation why on his Facebook page.

“I was molested both by my father and SU assistant coach Bernie Fine,” Tomaselli wrote on Monday, Nov. 21. “I have come forward with my story to the police as well as ESPN’s Mark Shwartz (sic).

“I am not sure whether I want to do a camera interview with ESPN but I wanted to announce this to encourage all sex abuse victims to come forward as tough as it is because we can stop other kids from this abuse.”

Syracuse conducted an internal investigation in 2005 after Davis first came forward with allegations, but officials found no evidence or anyone to corroborate the claims.

Similarly, Tomaselli told police he has no physical evidence against Fine and said no one witnessed the alleged abuse.

Tomaselli currently faces sexual abuse charges of his own in Maine dating back to 2009 and involving a 14-year-old boy.

Lewiston police arrested Tomaselli in April and charged him with gross sexual assault, unlawful sexual contact, unlawful sexual touching and visual sexual aggression against a child.

Those charges stem from alleged incidents at a summer camp where Tomaselli worked as a counselor. Tomaselli has pleaded not guilty to those charges and awaits a trial. He told the Post-Standard that he has not asked police in New York or federal authorities to dismiss his charges in exchange for coming forward.

Tomaselli does not appear to have deep ties to Maine. His Facebook page indicates that he lives in Manhattan, Kan., attends Kansas State University and is from Salina, Kan.

http://twitter.com/#!/NunesMagician (http://twitter.com/#!/NunesMagician)
NunesMagician Sean Keeley
Bernie Fine Allegations: Burning Questions And Concerns sbn.to/sRgf30 (http://sbn.to/sRgf30)
1 hour ago

Wait a ssec....this guy Davis was abused by both husband and wife? 

 ::MonkeyEek::

Well, according to the articles Laurie Fine saw Bernie touching Bobby Davis by watching through the basement window, and Laurie allegedly had sex with Bobby Davis when he was an 18 year old senior in high school. Here's an article and link I was just reading, but some of this info is in other articles posted in this thread previously.

http://www.sun-sentinel.com/sports/nationworld/wire/sns-rt-bkc-newssx0575ba1-20111127,0,2108500.story
Reports: Fine's wife acknowledged abuse; third accuser emerges
November 27, 2011

 ::snipping2::
Bernie Fine, in a statement, has called the allegations by Davis and Lang "patently false." The Post-Standard said he and Laurie Fine could not be reached for comment after Tomaselli's accusation.

On the recording, Laurie Fine said she could not get herself to intercede on Davis' behalf because "if it was another girl like I told you, it would be easy to step in because you know what you're up against. ... (When) it's another guy, you can't compete with that. It's just wrong, and you were a kid. You're a man now, but you were a kid then."

On the recording, Laurie Fine, matter-of-factly asks Davis if her husband wanted to "grab him" during a specific incident. Later, when Davis says Bernie Fine never attempted oral sex with him, but thought Fine would want to, Laurie Fine says, again matter-of-factly, "Oh, of course he would! Why wouldn't he?"

Davis told ESPN "Laurie saw things that were happening with her own eyes," specifically discussing a time when she saw him through a basement window getting touched.

Davis told ESPN that Laurie Fine also initiated a sexual relationship with him when he was 18. Laurie Fine appears to allude to some type of misconduct on her part, on the recording.

"The issue at hand is he had no business doing what he did with you ..." Laurie Fine said of her husband. "You know what, and neither did I, because I really helped screw you up a little more, too."
 ::snipping2::

http://blog.syracuse.com/opinion/2011/11/theres_nothing_but_good_in_fin.html
There's nothing but good in Fine's heart
November 23, 2011

To the Editor:

It was in 1971 that I first met my friend Bernie Fine. Shortly thereafter I introduced him to the future Mrs. Bernie Fine, Laurie Govendo, his loving and devoted wife for over 25 years. Bernie has always been a devoted husband and father and has shown me nothing less than an unconditional friendship.

In the early years, I spent many days, evenings and family events with Bernie, Laurie and their three children. I was also privileged to attend their wedding, events celebrating the births of their children, as well as bar mitzvahs, bat mitzvahs, funerals and a whole lot more. I would trust Bernie Fine with the lives of my children and grandson.
More...

And here I thought the Penn State crimes were the worst thing I'd ever heard.  Surprise!  Here's a similar crime that's even worse.  How is that possible?

 ::MonkeyNoNo::

 ::MonkeyNoNo::

Thanks MuffyBee

Janet

Looks like I'm going to need to change the subject line of this thread from:

"Syracuse Asst. Coach Bernie Fine on Admin. Leave Amid Child Sex Abuse Probe"

to:

"Syracuse Asst. Coach Bernie Fine Fired Amid Child Sex Abuse Probe"

http://www.myabc50.com/news/local/story/Bernie-Fine-Fired-from-Syracuse-University/bZ8-Fi3kykSsJa8rRHjdsQ.cspx
Bernie Fine Fired from Syracuse University
November 27, 2011

Edit to change subject line to reflect Bernie Fine's Employment Change.  MB

http://www.nydailynews.com/sports/college/bernie-fine-fired-syracuse-assistant-basketball-coach-sex-abuse-allegations-article-1.983092?localLinksEnabled=false
Bernie Fine fired as Syracuse assistant basketball coach after sex abuse allegations 
Fine fired by Syracuse after sex abuse allegations
November 27, 2011

A tape-recorded phone call in which Syracuse assistant basketball coach Bernie Fine’s wife appears to bolster the allegations of child sex abuse against her husband added another shock wave to the case, leading to the firing of Fine Sunday night and eliciting comparisons to the coverup of child sex abuse allegations at Penn State.

According to a statement released Sunday night, Kevin Quinn, the school’s senior vice president for public affairs, says Fine has been “terminated, effective immediately.”
 ::snipping2::

http://espn.go.com/new-york/story/_/id/7288286/bernie-fine-fired-syracuse-amid-molestation-allegations
Bernie Fine fired by Syracuse
November 27, 2011

SYRACUSE, N.Y. -- Syracuse University fired associate head basketball coach Bernie Fine on Sunday in the wake of an investigation of child molestation allegations against him.

"At the direction of Chancellor Cantor, Bernie Fine's employment with Syracuse University has been terminated, effective immediately," Kevin Quinn, the school's senior vice president for public affairs, said in a statement.

The 65-year-old Fine was in his 36th season at his alma mater. He had the longest active streak of consecutive seasons at one school among assistant coaches in Division I.

Syracuse coach Jim Boeheim is not going to comment on Fine's firing, according to Boeheim's wife, Julie, who answered the phone at their Syracuse home Sunday night when contacted by ESPN.com. Julie Boeheim said "Jim's not talking." A message was left on Boeheim's cell phone, as well.

Fine's firing comes in the wake of new revelations Sunday, including a third accuser. Syracuse had placed Fine on paid administrative leave when accusations first surfaced.
 ::snipping2::

Video at Link

(Frankly, I think it was the release of the alleged taped telephone conversation between Laurie Fine and Bobby Davis that brought about Bernie's job termination. I could be wrong, but it's what I think at this point.   I haven't seen any denial from anywhere the conversation was false.  The silence has been deafening, imo. No statements of denial from Bernie's attorney or anything.  JMHO)

http://www.cbssports.com/mcc/blogs/entry/26283066/33553658
Syracuse fires Bernie Fine
November 27, 2011

Syracuse University announced Sunday that associate head coach Bernie Fine has been terminated.

"At the direction of Chancellor Cantor, (Syracuse associate men's basketball coach) Bernie Fine’s employment with Syracuse University has been terminated, effective immediately," Syracuse University Senior Vice President for Public Affairs Kevin Quinn said via a statement on the school's athletics website.
More...

 ::rhino::

ESPN needs to hear some complaints about sitting on the tape;
  ESPN reporter explains why Fine tape wasn’t released in 2002
 
http://www.9wsyr.com/sports/content/su_sports/story/ESPN-reporter-explains-why-Fine-tape-wasn-t/I0Bn-4AKZU2tyosOS8_57g.cspx

http://www.sbnation.com/ncaa-basketball/2011/11/28/2594794/bernie-fine-allegations-us-department-of-education-investigation-cleary-act
Bernie Fine Allegations: US Department of Education Investigating Syracuse University
November 28, 2011

http://www.cnn.com/2011/11/27/justice/syracuse-coach-allegations/index.html
Former Syracuse coach to face 2nd sex abuse investigation
November 28, 2011

Syracuse, New York (CNN) -- Former Syracuse coach Bernie Fine will face a second investigation stemming from his alleged sexual abuse of boys.

Police in Pittsburgh, Pennsylvania said on Monday they will investigate Fine, who was fired from his job as an assistant men's basketball coach, once they receive relevant information their counterparts in Syracuse.

One of his alleged victims filed an affidavit with Syracuse police, Pittsburgh police said, accusing Fine of molesting him in a Pittsburgh hotel room.

Fine already faced an investigation in Syracuse, where the U.S. attorney's office and the U.S. Secret Service are taking the lead, according to a Monday statement from Syracuse police.

The Secret Service is providing expertise related to electronic communications gathered in the investigation, said John Duncan, a spokesman for the U.S. attorney's office in New York's northern district.

File cabinets were among the items taken from Fine's home after authorities executed a search warrant there last week. Duncan declined to discuss what authorities were looking for.

Also Monday, the nephew of the Fine's wife said she will make a statement Tuesday challenging the implications of a tape recording of a 2002 telephone conversation with one of her husband's accusers that appears to show she knew of the alleged sexual abuse.

"She'll even say that's her voice," nephew Matt Govendo said, but that the sections of the tape -- excerpts of which were made public Sunday by the Syracuse-based Post-Standard newspaper and ESPN -- "are all tampered with."

The university fired Fine from his job Sunday night, hours after the Post-Standard and ESPN reported on the phone conversation, which they said former Syracuse ball boy Bobby Davis had recorded between him and the coach's wife.

In the tape, a woman that ESPN, citing experts, identified as Laurie Fine said she knew "everything that went on" with her husband, adding that "he thinks he's above the law."
 ::snipping2::
Govendo told CNN on Monday that Davis had threatened his aunt with the release of 200 minutes of audio recordings because the Fines had cut off support to him "after 15 years of leaching off them, eating their food, living there."

CNN could not locate Davis for comment Monday and it did not appear that he had an attorney. Multiple telephone messages left with Davis' stepbrother Mike Lang, who also has accused Bernie Fine of abuse, were not returned Monday.

In a statement announcing Fine's termination on Sunday, university officials said they were "shaken" by the allegations. Chancellor Nancy Cantor said the school did not know of the recording during a 2005 investigation of Davis' accusations.

"No other witnesses came forward during the university investigation (in 2005), and those who felt they knew Bernie best could not imagine what has unfolded," she said.

Fine had been placed on administrative leave earlier this month, after Davis and Lang accused him of molesting them. In announcing Fine's leave earlier this month, the school noted it had conducted its own investigation in 2005 and was "unable to find any corroboration of the allegations."

Syracuse men's basketball head coach Jim Boeheim said Sunday that he believed "the university took the appropriate step" in firing Fine, his assistant coach the past 35 years.

"The allegations that have come forth today are disturbing and deeply troubling. I am personally very shocked because I have never witnessed any of the activities that have been alleged," said Boeheim, who days earlier said Fine had his "full support." "I deeply regret any statements I made that might have inhibited that from occurring or been insensitive to victims of abuse."
 ::snipping2::
According to a transcript of the conversation on the Post-Standard's website, Davis and Laurie Fine talked about how Bernie Fine was angry at Davis for not repaying him $4,000. Davis said that the coach forced him to "grab him" after offering the loan, including at one point saying, "If you want this money, you'll stay right here."

Laurie Fine appears to side with Davis, and against her husband, saying: "Money isn't the issue here. He lured you with the money. See, he knew full well what he was doing."

Davis provided the recording to the Post-Standard soon after it was recorded, but the newspaper then declined to report on it because it couldn't find "witnesses, enough corroborating evidence or a second accuser."

Laurie Fine, at the time suggested to the Post-Standard that Davis had taped her on multiple occasions and edited the recordings to make them appear more inflammatory.

Repeated calls by CNN to Laurie Fine were unanswered Sunday, and no one answered repeated knocks on the door of her house.

Govendo said no one is taking the allegations lightly, but that the the family does not believe them. He says they feel betrayed by Davis and Lang.

Bernie Fine's attorneys, Donald Martin and Karl Sleight, released a statement Sunday -- hours before their client's firing was announced -- declining to comment on the reports.

"Any comment from (Fine) would only invite and perpetuate ancient and suspect claims," the lawyers said. "Mr. Fine remains hopeful of a credible and expeditious review of the relevant issues by law enforcement authorities."
 ::snipping2::
More...

Video at Link

http://www.nytimes.com/2011/11/29/sports/ncaabasketball/as-bernie-fine-case-widens-so-do-concerns-for-syracuse.html
As a Case Widens, So Do The Concerns for Syracuse
November 28, 2011

I found this part particularly interesting:

 ::snipping2::
Syracuse’s response to the initial accusations brought by Davis to the university in 2005 will also be under a spotlight, several legal experts said. Officials said no action was taken at the time because they could not corroborate Davis’s claims.

“But why do you have to have corroboration for rape?” said Cynthia Bowman, a professor at the Cornell University School of Law. “One of the unusual things about the Penn State case was you actually had someone walking through the locker room who saw this. Usually, how would you get corroboration? I would think they would need to determine it just hadn’t happened for some reason — like, they were in different places when the alleged crime took place — and not just a lack of corroboration.”

Referring to Syracuse, she said, “They could be in a bad place because they did have notice.”

Unlike Penn State, Syracuse is a private university and is not shielded by the sovereign immunity that could possibly keep Penn State from being liable as a state entity.

“I think the university could have enormous liability, including Boeheim, who was in a supervisory capacity,” Dowd said. “It comes down to who knew what, or who should have known. And you have to ask, because Boeheim’s defense of Fine was so complete after the initial allegations, would he have been at all open to look into anything suspicious?”

The involvement of the Secret Service indicates there is an element of the case dealing with computers. According to the Columbia University law professor Daniel C. Richman, a recent emphasis on prosecuting child pornography and exploitation has moved the Secret Service to offer help to local investigations that might involve those issues. It also has expertise in computer forensics, which could explain the removal of a computer from Fine’s house after the search.

If such searches revealed crimes that happened more recently than the current allegations, the statute-of-limitations question could no longer be an issue. John Duncan, a spokesman for the United States attorney’s office, said his office would not discuss which statutes were involved in the investigation, so he could not talk about what the statute of limitations on any of those would be.

Because the investigation is in such an early stage, the local and federal investigators are being vague about details.

In cases like this, there is the possibility of other accusers coming forward, as has happened in the case at Penn State against Jerry Sandusky, a former assistant football coach. Tomaselli came forward in the Syracuse case after seeing Davis and Lang make their accusations on ESPN.
 ::snipping2::

http://www.reuters.com/article/2011/11/29/us-syracuse-coach-idUSTRE7AQ0Y220111129
Syracuse head coach to speak publicly on Tuesday
November 28, 2011

(Reuters) - The Hall of Fame head coach of Syracuse University's basketball team whose assistant was fired over allegations of sexually molesting boys stayed mum on Monday about the growing scandal, but the school said he would speak publicly after a Tuesday game.

Jim Boeheim, whose multimillion dollar basketball program has been rocked by the accusation against assistant coach Bernie Fine, will hold a news conference after the Tuesday evening home game against Eastern Michigan University, Syracuse's athletic department said.

It was not clear if Boeheim would address the scandal or would stick to discussing the game only.
 ::snipping2::

SYRACUSE POLICE TO SHARE INFORMATION WITH DA

Also on Tuesday, Syracuse Police, which have launched a probe into the allegations against Fine, said they would share their information with the Onondaga District Attorney's office, which launched the grand jury investigation.

Details of the investigations have so far not been made public, and the allegations have been based on statements made by the alleged victims. District Attorney William Fitzpatrick has said the police refused to share information.

"The Syracuse Police Department will provide the information requested by the Onondaga County District Attorney's Office on Tuesday," police said in a statement, calling it "the appropriate time."

"We have now moved into a new phase of the investigation with the U.S. Attorney's Office and the United States Secret Service taking the lead," the police said.

New York state police and agents with the U.S. Secret Service executed a search warrant at Fine's home on Friday. Experts said federal involvement could indicate the serious nature of possible crimes.
 ::snipping2::

http://www.usatoday.com/sports/college/mensbasketball/story/2011-11-28/syracuse-bernie-fine-boeheim-allegations/51444458/1
Is Syracuse the next Penn State?
November 28, 2011

http://www.forbes.com/sites/prishe/2011/11/28/athletic-departments-must-seek-collaborative-remedies-for-sexual-abuse-within-college-athletics/
Athletic Departments Must Seek Collaborative Remedies for Sexual Abuse Within College Athletics
November 28, 2011

As Syracuse University fired Associate Men’s Basketball Coach Bernie Fine, I couldn’t help but think of 3 things:

1)  Another sexual abuse case will become public at another high-profile school within the next 3 months.

2)  The parallels between the alleged abuses at Penn State and Syracuse are eerily similar to abuses by clergy in the church.

3)  The need for athletic departments to work collaboratively with internal colleagues, local authorities and experts, and with conference offices to better educate coaches and student-athletes for detecting the red flags that could signal malfeasance.
More...

http://www.cbsnews.com/8301-201_162-57332276/syracuse-audiotape-wasnt-given-to-school-in-05/
Syracuse: Audiotape wasn't given to school in '05
November 28, 2011

SYRACUSE, N.Y. - Syracuse University Chancellor Nancy Cantor says an audiotape that has surfaced in the Bernie Fine case wasn't provided to the school during its investigation six years ago. Meanwhile, the U.S. Attorney in upstate New York and the U.S. Secret Service are now involved in the investigation into Fine, CBS News has learned.

ESPN aired a tape Sunday that Bobby Davis says he recorded in October 2002 during a telephone conversation with Laurie Fine, the basketball coach's wife.

On the tape, Davis is heard repeatedly asking the woman about her husband's alleged molestation of Davis when he was a ball boy for the Syracuse men's basketball team.

The woman is heard saying she knew "everything that went on" and that "Bernie has issues."

 ::snipping2::
In an email sent out Sunday, Cantor said the taped phone call was never given to university officials investigating the allegations back in 2005.

The feds' involvement in the case indicates that the sex abuse allegations have raised issues that federal laws have been violated, possibly concerning the bringing of children across state lines with the intention to commit a crime. The Syracuse police department and Onondaga District Attorney's office are also involved in the probe.

The U.S. Secret Service is lending its electronic and forensic computer expertise to the investigation. The federal agency is also routinely tapped for investigations into missing and exploited children.

A federal source told CBS News "this investigation is evolving so quickly."

http://centralny.ynn.com/content/top_stories/565334/questions-surround-bernie-fine-investigation/
Questions surround Bernie Fine investigation
November 28, 2011

 ::snipping2::
SU basketball coach Jim Boeheim has remained firm that he knows nothing. Boeheim initially supported Fine, calling the allegations lies. He has since, through a statement, expressed regret for his initial remarks, admitting they may have been insensitive to the victims.

The Syracuse Police Department is expected to turn over its investigation to the Onondaga County DA's office Tuesday morning. The US Secret Service, under the direction of the US Attorney's Office, will now lead the investigation.

CNN had reported on Monday that Laurie Fine may comment on the recorded phone conversation Tuesday, but that remains a question.

There are also questions of whether or not Coach Boeheim's job is secure now that victim's advocates are calling for SU to fire the longtime coach. We do know that Coach Boeheim is expected to answer questions from the media following his team's game in the Carrier Dome against Eastern Michigan Tuesday night. ESPN is also reporting that Jim Boeheim has no intention of stepping down despite this ongoing investigation.

The US Department of Education says it is investigating the circumstances surrounding the firing of Fine, but they haven't said what they are looking in to.
 ::snipping2::

http://espn.go.com/college-football/story/_/id/7292643/syracuse-orange-coach-jim-boeheim-no-intention-stepping-down
Source: Jim Boeheim plans to stay in job
November 29, 2011

Syracuse men's basketball coach Jim Boeheim has no intention of quitting, a source with knowledge said, despite an investigation into child molestation charges against longtime assistant Bernie Fine and growing calls for his resignation.

"He's not going to resign," said the source. "He's like (UConn's Jim) Calhoun -- old warriors. He'll get through this."

University spokesperson Kevin Quinn declined to comment to ESPN.com about whether Boeheim's job security was at stake following the firing of Fine, who has been accused of molestation by three men.

A source familiar with the situation said Syracuse assistant Mike Hopkins plans on succeeding Boeheim as head coach whenever Boeheim steps aside as Orange coach, due to an "iron-clad contract" that was revamped and approved by the board of trustees two years ago.
 ::snipping2::

http://centralny.ynn.com/content/top_stories/565396/laurie-fine-not-talking/
Laurie Fine not talking
November 29, 2011

SYRACUSE, N.Y. -- The phone call that first aired on ESPN between Bobby Davis and Fine's wife, Laurie, has led to much of the fallout over the past few days, including Bernie Fine's firing.

If the tape is legitimate, it provides evidence that Laurie Fine knew about the abuse.

Davis claims that tape was made during a single phone conversation with Laurie back in 2002. But Fine's nephew, Matt Govendo, told CNN that the tapes were tampered with. He claims Davis taped conversations with Laurie Fine on multiple occasions and then edited them together to make them appear more inflammatory.

Govendo said his aunt would have more to say publicly about the tapes, but she hasn’t so far, even as CNN came to the door.
 ::snipping2::
Video at Link

http://www.nydailynews.com/sports/college/alleged-bernie-fine-sex-abuse-victim-zach-tomaselli-father-molested-article-1.984115
Alleged Bernie Fine sex abuse victim Zach Tomaselli says his own father molested him, too
Claims there is proof of his 2002 trip to Pittsburgh with former Syracuse coach, as well
November 29, 2011

Zach Tomaselli, one of Bernie Fine’s accusers, claims that he was sexually abused by his own father for “close to a decade,” and that evidence exists which proves Tomaselli attended a 2002 Syracuse basketball game in Pittsburgh where Fine allegedly molested him in a hotel room.

Tomaselli, 23, made the explosive claims Tuesday during an appearance on Anderson Cooper’s new “Anderson” daytime show. Tomaselli appeared via satellite as part of a segment about the Syracuse University sex abuse scandal.
 ::snipping2::
Cooper told Tomaselli that the public may not believe him since he is in the middle of a legal storm stemming from charges that he sexually abused a 14-year-old boy in Maine. Tomaselli has pleaded not guilty.

“It is not an excuse for touching children, and I’m not saying I touched anybody, Anderson, but I am saying the situation I put myself in to be accused was because there was a great disconnect in my mind between what is an appropriate relationship between an adult and a child,” said Tomaselli.

The segment airs Wednesday in New York on WPIX-Channel 11 at 4 p.m.

http://www.nydailynews.com/sports/college/victims-advocate-fourth-alleged-victim-emerge-bernie-fine-syracuse-child-sex-abuse-case-article-1.984095?localLinksEnabled=false&google_editors_picks=true
Victims’ advocate says fourth alleged victim may emerge in Bernie Fine-Syracuse child sex abuse case
Alleged victim was in his early teens when abuse took place
November 29, 2011

A fourth victim in the Bernie Fine-Syracuse University sex abuse scandal may soon emerge according to Robert Hoatson, the president and founder of Road to Recovery, a non-profit organization that supports victims of abuse.

Hoatson told the Daily News Tuesday that he has spoken with a female family member of an alleged victim of Fine’s, and that the woman has gone to Syracuse Police and the Onondaga County District Attorney’s office with the claims.

Hoatson said he had not yet talked with the alleged victim but was on his way to Syracuse Tuesday afternoon to meet with the family and possibly the victim.

Hoatson added that the victim was in his early teens when the alleged abuse took place.

“I got a call from this person’s family,” Hoatson said. “They said something happened to someone in their family. She said she’s gone to law enforcement.”

“When (the information) comes to light, he added, “it will be very powerful.”
 ::snipping2::
Hoatson said he expects to meet with the media after he talks with the alleged victim’s family.

Hoatson has been a vocal critic of Syracuse coach Jim Boeheim, who criticized Davis when the story first broke and then said in a statement Sunday that he regretted making any remarks that might keep abuse victims from coming forward.

"I think Jim Boeheim should be fired or resign as well," Hoatson said Monday. "These boys were members of the basketball program. Jim Boeheim's responsibility is to oversee that program, and the children were not safe on his watch."

http://edition.cnn.com/2011/11/29/justice/syracuse-coach-allegations/?hpt=isp_c2
Syracuse police to change sex abuse reporting in wake of Fine case
November 29, 2011

Syracuse, New York (CNN) -- Policies that in 2002 allowed a report of possible sexual abuse of boys by a Syracuse University coach to go undocumented are being changed, the city police chief said Tuesday.

The detective assigned to take information on the matter in 2002 conducted no investigation and filed no formal report because the allegations were too old and no charges would have been possible, Syracuse Police Chief Frank Fowler said.

"I was not the chief in 2002 and I cannot change the procedures in place at that time or the way this matter was then handled," Fowler said in a statement about his department's current response to allegations against now-former assistant coach Bernie Fine. "But what I can and will do as chief today is ensure that moving forward all reports of sexual abuse are formally documented."

Fowler also said the department didn't know until this month about a 2005 university investigation into the allegations against Fine or a 2002 audio recording in which Fine's wife appears to show she was aware of the abuse allegations.
 ::snipping2::
Police in Syracuse and Pittsburgh are investigating the allegations and looking for other potential victims, authorities say. The U.S. attorney's office in Syracuse and the U.S. Secret Service are also involved, police and prosecutors say.

In Tuesday's statement, Fowler said the department would not identify Fine's initial accuser.

But he said police investigators learned of the allegations from Danielle Roach, a friend of the alleged victim who has since publicly identified himself as Davis. Roach called police in 2002 to report the alleged abuse, followed several weeks later by a call from the alleged victim, Fowler said.

But because the abuse had occurred at least 12 years before Roach and the alleged victim contacted police, and because investigators were unaware of any more recent victims, commanders decided against opening an investigation, Fowler said. And because there was no investigation, no formal reports were ever created, he said.

The police chief at the time, Dennis DuVall, was made aware of the allegations, Fowler said. DuVall is a former Syracuse basketball player who played before Fine was hired

A woman who answered the door at DuVall's home said he was not home and told a reporter not to come back.

Repeated calls to Roach were not immediately returned Tuesday.

In the wake of the scandal, Fowler said he has ordered a review of department policies into the handling of sexual abuse reports to ensure all such allegations are documented.
University officials did not immediately return a telephone call Tuesday seeking comment on Fowler's statement that the department was not told until this month that the university had conducted its own investigation into the allegations in 2005. That investigation, the school has said, turned up no evidence to back up the allegations.

Fowler also said no one made the department aware of the existence of the audio recording Davis said he made of a telephone conversation involving Fine's wife, Laurie Fine.
 ::snipping2::

http://www.nydailynews.com/sports/college/syracuse-police-chief-dennis-duval-knew-allegations-bernie-fine-child-sex-abuse-2002-current-chief-article-1.983984
Former Syracuse police chief Dennis DuVal knew of allegations of Bernie Fine child sex abuse in 2002, current chief says
Current police chief vows changes
Published November 29, 2011, Updated November 30, 2011

(Four Pgs)

http://www.ajc.com/sports/ap-source-feds-search-1246819.html
AP source: Feds search Fine's office
November 30,2011

SYRACUSE, N.Y. — Federal agents have searched the campus office of former Syracuse assistant basketball coach Bernie Fine as part of the investigation of child molestation allegations against him, according to a law enforcement official familiar with the inquiry.
Fine's office at the Carmelo K. Anthony Basketball Center was searched early Tuesday morning, according to the person who spoke to The Associated Press on the condition of anonymity because it's an ongoing investigation.

The U.S. Secret Service already searched Fine's house last Friday. Federal prosecutors with the U.S. Attorney's office in northern New York, which is leading the investigation, would not say what they sought or found there, saying it was under seal. The warrant approving the search of his office also was sealed.
 ::snipping2::

http://www.nydailynews.com/sports/college/bernie-fine-office-syracuse-university-campus-searched-federal-investigators-zach-tomaselli-abuse-claims-father-article-1.984716?localLinksEnabled=false
Bernie Fine’s office on Syracuse University campus searched by federal investigators while Zach Tomaselli makes abuse claims against father
Longtime men's basketball assistant is accused of abuse by three men
November 30, 2011

One of Bernie Fine's accusers, Zach Tomaselli, said that his father, Alfred, sexually abused him for “close to a decade,” a claim the elder Tomaselli refutes. The explosive remarks by Zach Tomaselli were part of an interview he did for the daytime show “Anderson” that aired Wednesday.

But a New York State Police spokesman confirmed to the Daily News that the agency investigated Alfred Tomaselli in June and that no arrest was made. The case is considered closed. According to a source, Zach accused his father of sexual abuse, prompting the investigation earlier this year.

Reached by The News at his Watertown, N.Y. home, Alfred Tomaselli said he had no comment on his son’s claims, but reiterated that he thinks Zach is telling lies about Fine.

Zach Tomaselli reiterated on “Anderson” that Fine molested him in a Pittsburgh hotel room in 2002, when Tomaselli was 13, according to the show’s transcripts. Tomaselli also told Cooper that he has proof he attended a Syracuse basketball game in Pittsburgh in ‘02, and that he is willing to take a lie detector test.
 ::snipping2::
Meanwhile, federal agents executed a search warrant at Fine’s Syracuse University office on Tuesday, a source close to the case told The News. Investigators from U.S. Attorney Richard Hartunian’s office and Secret Service conducted the search. A search warrant was executed at Fine’s DeWitt, N.Y. home on Friday.
 ::snipping2::
Robert Hoatson, the founder of Road to Recovery, an organization that supports victims of sexual abuse, told The News that the family of a possible fourth victim had contacted him. Hoatson had not met or talked to the man as of Wednesday afternoon.

Syracuse chancellor Nancy Cantor fired Fine on Sunday after ESPN’s Outside the Lines broadcast a 10-year-old tape recording of Fine’s wife, Laurie, acknowledging that her husband had allegedly molested Davis when he was a teen.

http://www.post-gazette.com/pg/11334/1193679-100.stm
Pittsburgh cops refer Syracuse coach sex abuse report to feds
November 30, 2011

The man who said a former Syracuse University assistant basketball coach molested him in a Pittsburgh hotel room in 2002 contacted Pittsburgh police for the first time this week, receiving a referral to federal investigators.

Cmdr. Thomas Stangrecki said in a statement that Zach Tomaselli contacted the Pittsburgh police department's sex assault unit Tuesday evening and Wednesday morning to make a formal report saying former assistant coach Bernie Fine sexually assaulted him when he was a teenager at a Pittsburgh hotel while Syracuse was in town to play Pitt.
 ::snipping2::
Cmdr. Stangrecki said Pittsburgh police referred Mr. Tomaselli to the U.S. Attorney's Office in the Northern District of New York, which is leading the investigation.

Mr. Tomaselli made a report to Syracuse police last week.

Cmdr. Stangrecki said earlier this week that Mr. Tomaselli had not filed a report with Pittsburgh police, who learned about the alleged assault through media reports.

Mr. Tomaselli is the third man to accuse Mr. Fine of sexually assaulting him when he was a boy.  ::snipping2::

http://espn.go.com/mens-college-basketball/story/_/id/7302132/syracuse-orange-bernie-fine-investigation-leads-third-search-warrant-issued
Bernie Fine case: Third warrant issued
December 1, 2011

SYRACUSE, N.Y. -- Federal authorities have obtained a third sealed search warrant in their investigation of former Syracuse basketball assistant coach Bernie Fine, who has been accused by three men of molesting them as minors.

Court documents show the third warrant was issued Tuesday and signed by U.S. Magistrate Andrew Baxter. No details were available. Prosecutors did not immediately return calls.

Fine's office on campus was searched Tuesday morning, and his suburban home was searched last Friday. The U.S. Attorney's office in northern New York, which is leading the investigation, has not said what it sought or found.

Also Thursday, Syracuse Chancellor Nancy Cantor said the school decided to fire Fine upon hearing an audiotape recorded by Bobby Davis, one of Fine's three accusers. ESPN broadcast the 2002 audiotape, recorded by Davis, of a conversation between Davis and a woman ESPN identified as Fine's wife, Laurie, in which she says she knew "everything that went on."

Cantor's comments were in a published response to a USA Today editorial Thursday that calls on Syracuse to release a "full accounting" of what it did and why Fine was kept on the job.

Fine, who has denied the allegations, was fired Sunday.

Federal authorities are not constrained by a statute of limitations should they turn up evidence Fine molested his latest accuser, 23-year-old Zach Tomaselli of Lewiston, Maine. He said he told police that Fine molested him in 2002 in a Pittsburgh hotel room after a game. He said Fine touched him "multiple" times in that one incident.

Under federal law in 2002, prosecutions for the sexual or physical abuse or kidnapping of a child under 18 could continue until the victim turned 25. Subsequent amendments changed that to the life of the child or 10 years after the offense, whichever is longer.

As the investigation continues, advocates for sex abuse victims have said Hall of Fame coach Jim Boeheim should resign or be fired for adamantly defending Fine and verbally disparaging the accusers.

Contacted by The Associated Press by phone Wednesday, Boeheim repeated several times, "I can't talk about anything." He's preparing Syracuse (No. 3 ESPN/USA Today, No. 4 AP) for Friday's home game against Florida (No. 9, No. 10) and is scheduled to do his regular radio show Thursday night.

University trustees have been instructed to refer all questions back to the university but some contacted by The Associated Press offered support for Boeheim and said there was no indication his job was in danger.
 ::snipping2::

http://www.wktv.com/news/local/Coach-accuser-dealing-with-abuse-case-in-Maine-134845288.html
Bernie Fine accuser dealing with abuse case in Maine
December 1, 2011

LEWISTON, Maine (AP) - A 23-year-old man who accused former Syracuse University assistant basketball coach Bernie Fine of
molesting him is seeking to suppress evidence in his own molestation case in Maine.

Zach Tomaselli of Lewiston faces charges himself of abusing a boy under 14. He told The Associated Press that his past abuse made it difficult for him to set proper boundaries and to understand a proper relationship between a man and a boy. But he denies the charges.

Tomaselli wants a judge to prevent a videotaped interview with investigators from being used as evidence. Closing arguments on his motion were being held Thursday in Auburn.
 ::snipping2::

http://www.sbnation.com/ncaa-basketball/2011/12/1/2603290/bernie-fine-molestation-investigation-zach-tomaselli-bobby-davis-kansas-state
Bernie Fine Investigation: Accuser Zach Tomaselli Goes Into Deep Detail About Relationship With Fine
December 1, 2011

Third Fine accuser's case given to U.S. attorney
Updated 16h 41m ago

SYRACUSE, N.Y. – Pittsburgh police have turned over the investigation of alleged child sexual abuse charges against former Syracuse associate basketball coach Bernie Fine to the U.S. Attorney in the Northern District of New York.

<snipped>

Tomaselli said neither Syracuse police nor anyone from the U.S. Attorney's office had been in contact with him for several days, though he sent e-mails requesting information to Syracuse police detective Clark Farry.

<snipped>

Tomaselli also says he was warned by Farry that Syracuse police no longer would deal with him if he went public with his story. Tomaselli said Farry went so far as to threaten him with an arrest by phone Sunday to prevent Tomaselli from doing a television interview that day. "That scared me," Tomaselli said.

Reached on his cellphone, Farry said he would not confirm or deny Tomaselli's claims. Syracuse detective Sgt. Tom Connellan said, "It is common practice for us to ask people not to speak to the media. If they choose to do so, that's their prerogative."

Tomaselli said Farry told him police no longer would be in his corner if he kept doing interviews. "He said they were behind me but (said) only talk to (police)."

http://www.usatoday.com/sports/college/mensbasketball/bigeast/story/2011-11-30/third-bernie-fine-accuser-case-given-to-us-attorney/51517386/1

http://msn.foxsports.com/collegefootball/story/Penn-State-clueless-as-Jerry-Sandusky-sexual-abuse-scandal-intensifies-120111
Penn State clueless in wake of scandal
By Greg Couch
December 1, 2011

 ::snipping2::
Penn State is buying up .XXX Internet domains with the school name and nicknames. Why? To try to prevent people from starting up porn sites with the school’s name in light of Penn State’s child sex abuse scandal.

“The cost was $200 per trademark, but this purchase should also prevent someone from buying a domain that includes our trademark along with other words,’’ Penn State spokesman Jeffrey Hermann told FoxNews.com in an email. “(For example) our purchase of nittanylion.xxx is intended to prevent someone from purchasing a url such as nittanyliongirls.’’

It makes sense, business sense. Penn State is just trying to protect itself from porn sleaze, trying to protect its image. But really? This is what they’re thinking about now, while the details, the size and the shape of this scandal and its horrors are only just beginning to come out?

If Joe Paterno, along with the former athletic director and school president, hadn’t been so hell-bent on protecting Penn State football’s brand – at the expense of young boys allegedly being sexually abused by former assistant coach Jerry Sandusky – then maybe some of those boys could have been saved, not to mention the once-good name of Paterno.
 ::snipping2::
Protecting domain names will do absolutely nothing for the image, by the way. It’s just some tiny nonsense showing Penn State’s hyper-sensitivity to its name, which is now, and for decades, mud.

It also shows how lost Penn State is, not recognizing that the tidal wave has yet to hit.
 ::snipping2::
On Wednesday. A 29-year-old man, who was not mentioned in the first grand jury report about Sandusky, filed suit. He is the first plaintiff to file a suit in the case. He says that Sandusky abused him more than 100 times, and then threatened him to keep quiet. The suit names Sandusky, Penn State and Sandusky’s charity, The Second Mile, which was supposed to be about helping disadvantaged kids, but instead, if allegations are true, seems to have served as Sandusky’s picking ground.
 ::snipping2::
Meanwhile, school administrators and students planned to talk at a two-hour public forum Wednesday night to discuss the scandal. School officials referred to it as part of a community healing process. It is absurd to think the school is anywhere near the healing process yet.
 ::snipping2::
The man filing the lawsuit tells a similar story to the ones the grand jury already alleged. It’s safe to assume that dozens more lawsuits will be filed, all with gruesome details that will reflect directly on Penn State.
Meanwhile, Sandusky is in his own crisis-management mode. His attorney is attacking the credibility of the alleged victims. In response, Andrew Shubin, attorney for alleged Victim 2, released a statement:

“Our investigation reveals that Sandusky is an unrepentant child predator. He caused incalculable devastation to children, their families and our community and is continuing to do so through his attacks on the victims’ credibility.’’

This is just the beginning. And Penn State is out hopelessly and cluelessly buying up .xxx domains and holding community forums.

Penn State tries to protect itself. Sandusky tries to protect himself.

Logically, you couldn’t expect them to do things any differently.

But it’s hard to feel too much concern for Penn State’s name potentially being victimized by a smutty sex industry.
 ::snipping2::

http://www.nesn.com/2011/12/report-jerry-sandusky-may-consider-plea-deal-if-victims-continue-to-come-forward.html
Report: Jerry Sandusky May Consider Plea Deal If Victims Continue to Come Forward
By Dan Duquette, Jr.
December 1, 2011

Jerry Sandusky's list of victims is continuing to grow and it may eventually reach a tipping point. Sandusky may soon have to face the possibility that cutting a deal with the prosecution is in his best interests.

Sandusky's lawyer, Joe Amendola, could recommend that Sandusky consider a plea deal if more and more victims continue to come forward, according to the Harrisburg Patriot-News.

"If more allegations come forth and Jerry gets to the point where he realizes [he's] fighting against more than the original allegations [it] might be a real uphill battle," Amendola is quoted as saying.

However, that doesn't mean that Sandusky is willing to admit that he's guilty of the crimes he's accused of.

"Bottom line, Jerry has always maintained his innocence, from the first allegation, and continues to maintain innocence," Amendola proclaims. "What happens with any additional charges which may be filed remains to be seen."
More...

http://www.pennlive.com/midstate/index.ssf/2011/12/jerry_sanduskys_lawyer_clarifi.html
Jerry Sandusky's lawyer clarifies plea-agreement statement
December 1, 2011

http://www.usatoday.com/sports/college/mensbasketball/bigeast/story/2011-12-01/syracuse-tomaselli-interviews-police-bernie-fine/51553708/1
Advocate supports Tomaselli speaking about Fine accusations
December 1, 2011

SYRACUSE, N.Y. - A sexual abuse victims' advocate said Thursday it is not surprising police would tell Bernie Fine accuser Zach Tomaselli to refrain from speaking publicly about his case, but added it was critical for Tomaselli to tell his story.
 ::snipping2::

http://abcnews.go.com/Sports/wireStory/search-warrant-issued-case-su-coach-15064611
AP Source: Search in Fine Inquiry Targets Locker
December 1, 2011

Federal authorities have searched a locker in the Syracuse University basketball center in their investigation of former assistant coach Bernie Fine, according to a law enforcement official familiar with the case.
 ::snipping2::
The official confirmed the search at the Carmelo K. Anthony Basketball Center happened Wednesday. The official, who spoke to The Associated Press on condition of anonymity Thursday because it's an ongoing investigation, would not say what agents sought or what they recovered from the locker.

The coaches' lockers are on the second floor of the facility; players' lockers are on the first floor.

Court documents show the third search warrant was issued Tuesday and signed by U.S. Magistrate Andrew Baxter.

Fine's office on campus was searched Tuesday morning, and his suburban home was searched last Friday. The U.S. Attorney's office in northern New York, which is leading the investigation, has not said what it sought or found.
 ::snipping2::
Federal authorities are not constrained by a statute of limitations should they turn up evidence Fine molested his latest accuser, 23-year-old Zach Tomaselli of Lewiston, Maine. He said he told police that Fine molested him in 2002 in a Pittsburgh hotel room after a game. He said Fine touched him "multiple" times in that one incident.

Under federal law in 2002, prosecutions for the sexual or physical abuse or kidnapping of a child under 18 could continue until the victim turned 25. Subsequent amendments changed that to the life of the child or 10 years after the offense, whichever is longer.
 ::snipping2::

http://www.syracuse.com/news/index.ssf/2011/12/department_of_education_consid.html
Department of Education considering probe of SU over Bernie Fine allegations
December 1, 2011

Washington, D.C. -- The U.S. Department of Education is considering whether to launch an investigation into Syracuse University’s handling of child molestation claims against former associate head basketball coach Bernie Fine.

Department officials in Washington, D.C., are discussing internally whether to order the formal review to see if SU violated the Clery Act, a spokesman said. The federal statute requires colleges to provide timely warning to students and employees about crimes or threats reported on campus.

Under the Clery Act, any college or university participating in federal financial aid programs — even a private school like Syracuse University — is required to maintain and disclose campus crime statistics and security information.

The department has no timetable for deciding whether to investigate SU.

The Department of Education’s office of Federal Student Aid has already ordered a formal program review of Penn State over its handling of child sex abuse allegations against former assistant football coach Jerry Sandusky.

If a school is found in violation of the Clery Act, it faces penalties of up to $27,500 per violation.
 ::snipping2::
If the Department of Education orders a Cleary Act review for SU, investigators could come to the Syracuse campus to examine records and interview students, school officials and employees.

The review could include a look into SU’s internal investigation into child molestation allegations against Fine in 2005. The university hired the Syracuse law firm of Bond, Schoeneck and King to handle the 2005 investigation. The results of that review were never made public or shared with the campus community.

http://www.sbnation.com/ncaa-basketball/2011/11/28/2594992/laurie-fines-cnn-interview-was-brief-uneventful
Laurie Fine's CNN Interview Was Brief, Uneventful
November 28, 2011

 ::snipping2::
The entire exchange consisted of Tuchman knocking on Fine's front door, asking for a comment or statement and being rejected. It was Armen Keteyian 2.0, minus the window into Fine's emotions. The full transcript, for what it's worth, appears below:

    Tuchman: "Hi, I'm Gary Tuchman from CNN, I'm sorry to bother you ..."

    Fine: "You're not bothering me.

    Tuchman: "I was hoping I can ask you -- your nephew was saying that you might have a statement."

    Fine: "We have no statement."

    Tuchman: "You're not going to make a statement today?"

    Fine: "Not today."

    Tuchman: "Is that tape, is that tape misinterpreted, though?"

    Fine: "I have no comment."

    Tuchman: "How come you cannot comment?"

    Fine: "I cannot comment."
 ::snipping2::

http://www.mediaite.com/tv/cnns-exclusive-with-laurie-fine-is-eerily-similar-to-the-cbs-exclusive-with-mike-mcqueary/
CNN’s ‘Exclusive’ With Laurie Fine Is Eerily Similar To The CBS ‘Exclusive’ With Mike McQueary
November 29, 2011

http://www.nytimes.com/2011/12/02/sports/ncaabasketball/syracuse-criticized-for-its-handling-of-sexual-abuse-case.html
Syracuse Criticized for Its Handling of Sexual Abuse Case
December 1, 2011

This is an extremely interesting article imo.

http://www.sunjournal.com/news/city/2011/12/02/judge-considers-tossing-statements-tomaselli-sex-abuse-case-auburn/1122678
Judge considers tossing statements in Tomaselli sex-abuse case in Auburn
By Lindsay Tice, Staff Writer
December 1, 2011

AUBURN — A Lewiston man who has accused a former Syracuse University assistant basketball coach of sexual abuse and who himself is charged with sexually abusing a child, says a Lewiston police detective coerced him into making possibly incriminating statements during an interview.

Zachary Tomaselli, 23, is charged with sexually assaulting a 13-year-old boy.

His lawyer, Justin Leary, told an Androscoggin County Superior Court judge on Thursday that Tomaselli spoke to a Lewiston detective for more than three hours and spent two hours and 46 minutes of that time repeatedly denying that he'd sexually abused the boy. Leary said the detective then insinuated that Tomaselli could be charged with an even more serious crime — which was untrue — if he didn't confess. That's when, Leary said, Tomaselli made his statements.

On Thursday, during closing arguments at a hearing on a motion to suppress statements, Leary asked Justice MaryGay Kennedy to throw out Tomaselli's videotaped interrogation.

Assistant District Attorney Nicholas Worden, however, told the judge that the detective hadn't done any legal research and hadn't meant to incorrectly quote the law to Tomaselli. He said the detective didn't coerce Tomaselli; he simply challenged Tomaselli's story and Tomaselli admitted he'd lied earlier in the interview and then told the truth. Worden asked the judge to keep the interrogation, and Tomaselli's statements, as part of the case against him.

It was unclear what Tomaselli's statements were.

Kennedy, who viewed the tape of the interview in chambers earlier this week, did not issue a ruling Thursday.
More...

http://espn.go.com/mens-college-basketball/story/_/id/7303172/vera-house-survivors-speak-syracuse-college-basketball
Survivors at Vera House speak out
In Syracuse, male sexual abuse victims share their stories in hopes of helping others
By Dana O'Neil
ESPN.com
December 1, 2011

(http://a.espncdn.com/photo/2011/1201/ncb_vh_verahouse_300.jpg)
courtesy Vera HouseVera House, an outreach and advocacy center for victims of sexual and domestic abuse, sits just a few miles from the Syracuse campus.


    “

    There is no cure. This isn't Dr. Phil.
    ” -- Tim, sexual abuse survivor

http://aol.sportingnews.com/ncaa-basketball/feed/2011-11/syracuse-scandal/story/boeheim-starting-to-sound-more-and-more-like-paterno
Boeheim starting to sound more and more like Paterno
David Whitley AOL FanHouse Columnist
December 2, 2011

Jim Boeheim says he's not Joe Paterno. He shouldn't be treated like the defrocked leader of Penn State.

He's right, and he's wrong.
More...

http://abcnews.go.com/Sports/wireStory/boeheim-coach-us-olympic-team-15073088
Boeheim Gets Ovation as Inquiry Continues
By EDDIE PELLS AP National Writer
December 2, 2011

http://www.latimes.com/sports/la-sp-newswire-20111203,0,225131.story
Jim Boeheim says he 'misspoke' in initial reaction to scandal
Syracuse coach says his remarks in defending longtime assistant Bernie Fine were insensitive and that he will help raise awareness about the issue of child abuse.
December 2, 2011

A contrite Jim Boeheim apologized again Friday night after another big victory.
 ::snipping2::
"I believe I misspoke very badly in my response to the allegations that have been made. I shouldn't have questioned what the accusers expressed or their motives. I am really sorry that I did that, and I regret any harm that I caused," he said.

"It was insensitive for the individuals involved and especially to the overall issue of child abuse."

He also said it was important that he get involved in terms of raising awareness.

"They need to get the message out," he said. "I'm going to do everything I can to do that, whether I'm coaching or not coaching."
 ::snipping2::

BBM -  I think this "loyalty" I keep hearing about in this case and that of Penn State is a big part of the reason those raping and sexually abusing young boys got away with it so many times over so long a time. Loyalty?  What about the victims?    And in this article Boeheim accuses the victims of trying to make money, and saying it's all about money.  Well Mr. Boeheim, how much money is involved in your sports program?  How much money is/was at risk for Syracuse and the sports dept.  if and when cases of child sex abuse is revealed, how much is that going to hurt recruiting and fundraising? I'd say quite a lot, and you know it.  CYA 

http://www.cbsnews.com/8301-400_162-57336078/boeheim-apologizes-for-questioning-fine-accusers/
Boeheim apologizes for questioning Fine accusers
December 2, 2011

(AP)

SYRACUSE, N.Y. - Syracuse men's basketball coach Jim Boeheim said Friday he's "really sorry" he questioned the motives of the men who accused his longtime assistant of molesting them as minors.

"I believe I misspoke very badly in my response to the allegations that have been made," an emotional Boeheim said in a postgame press conference. "I shouldn't have questioned what the accusers expressed or their motives. I am really sorry that I did that, and I regret any harm that I caused."
 ::snipping2::
Boeheim insisted his apology and his regrets came from the heart.

"No one said this is what you should say," he said. "This is what I feel."

When the accusations first were made public, Boeheim adamantly defended Fine and verbally disparaged the accusers, accusing them of lying for money.
"The Penn State thing came out, and the kid behind this is trying to get money," Boeheim said of accuser Bobby Davis in an interview with the Syracuse Post-Standard. "If he gets this, he's going to sue the university and Bernie. What do you think is going to happen at Penn State? You know how much money is going to be involved in civil suits? I'd say about $50 million. That's what this is about. Money."

Advocates for sex abuse victims had called for Boeheim to resign or be fired for disparaging the accusers.

Speaking after No. 4 Syracuse beat No. 10 Florida on Friday, Boeheim said his initial comments were "insensitive to the individuals involved and especially to the overall issue of sex abuse."

"What I said last week was out of loyalty," he said. "I acted without thinking. I couldn't believe what I was hearing."

Boeheim said he spent time this week at the McMahon Ryan House for child abuse in Syracuse and plans to get involved to help raise awareness.
 ::snipping2::

http://www.sportsgrid.com/ncaa-basketball/espns-vice-president-vince-doria-regrets-the-way-espn-handled-the-bernie-fine-sex-abuse-story/
ESPN’s Vice President Speaks Out On Criticisms Of The Way ESPN Covered The Bernie Fine Sex Abuse Story
December 2, 2011

ince Doria is ESPN’s Vice President and Director of News, and, per his bio on the company’s site, is “responsible for news content on all ESPN, ESPN2 and ESPNEWS studio programs.” Recently, one of those studio shows, Outside the Lines, aired a tape from 2002, in which the wife of a Syracuse assistant coach spoke with a former ball boy who was allegedly molested by that assistant coach.

On the tape, Laurie Fine, the wife of former Syracuse coach Bernie Fine, sounds like a woman who knows her husband has done something wrong. She mentions Fine’s ”issues,” and the fact that “he needs that…male companionship.” It’s dark stuff, twisted stuff, and most of all, incriminating stuff. This lady sounds like she knows her husband’s been molesting kids.

Which is why ESPN has come under the fire for sitting on the tape for so long. It’s almost 10 years old, and seems to corroborate the former ball boy’s story, which is that he was sexually abused as a child. Despite this, the Worldwide Leader sat on the story and never turned the tape over to police.

On Sunday, CNN will air an interview between Howard Kurtz and Vince Doria. CNN was kind enough to send over this preview clip, in which Kurtz asks Doria why ESPN put two of their sources in touch with each other. Both of those sources — Zach Tomaselli and Bobby Davis — have accused Fine of sexually abusing them. Davis was the one who taped the conversation with Fine’s wife, and gave it to Outside the Lines.
More...

http://msn.foxsports.com/collegebasketball/story/zach-tomaselli-third-syracuse-accuser-stands-by-story-in-jason-whitlock-interview-120211
3rd Bernie Fine accuser stands by story
Jason Whitlock
December 3, 2011

Zach Tomaselli, the third accuser in the Bernie Fine/Syracuse scandal, answered a series of difficult questions with amazing poise and confidence Friday morning during a fascinating one-hour interview for my “Real Talk” podcast at FOXSportsradio.com.
 ::snipping2::  (Podcasts)
More...
Listen to it here:  http://www.foxsportsradio.com/pages/jasonwhitlock/index.html

Go here to listen to the entire interview:  http://www.foxsportsradio.com/pages/jasonwhitlock/index.html

http://www.statesman.com/sports/unlike-penn-state-syracuse-scandal-just-unfolding-2011742.html
Unlike Penn State, Syracuse scandal just unfolding
December 4, 2011

http://www.syracuse.com/news/index.ssf/2011/12/people_who_abuse_kids.html
People who abuse kids often seem 'nice' and are respected in the community
December 4, 2011

http://www.cbsnews.com/8301-201_162-57337112/bernie-fine-accuser-admits-to-abusing-boy/
Bernie Fine accuser admits to abusing boy
December 5, 2011

(AP)

PORTLAND, Maine - A Maine man who accused former Syracuse University assistant basketball coach Bernie Fine of molesting him is admitting to The Associated Press that he molested a boy in Maine.

Zach Tomaselli of Lewiston said Monday that he sexually abused a 13-year-old boy he met at a camp where he was serving as a counselor. The boy is now 14.

Tomaselli has pleaded not guilty to 11 charges but told the AP he anticipates that he'll plead guilty. He said he's "sick of hiding behind" his attorney.
 ::snipping2::

http://espn.go.com/mens-college-basketball/story/_/id/7320558/bernie-fine-accuser-zach-tomaselli-admits-molesting-boy
Bernie Fine accuser admits to abuse
December 5, 2011

PORTLAND, Maine -- A man who accused former Syracuse University assistant basketball coach Bernie Fine of molesting him admitted Monday that he sexually abused a boy in Maine.

Zach Tomaselli, of Lewiston, told The Associated Press that he sexually abused the boy when the victim was 13 and 14 years old. Tomaselli said he knew the boy and worked as a counselor at a camp the boy attended.

Now that he's getting counseling, Tomaselli said he understands that he was subconsciously grooming the boy for a relationship, as is often the case with pedophiles. He said he's glad that he was caught before the abuse became worse, so that he can get help.

Tomaselli, 23, became the third man to level sexual abuse allegations against Fine when he told police in Syracuse that Fine first molested him in a Pittsburgh hotel room in 2002. He said Fine -- who has denied any wrongdoing but was fired by the university -- showed him porn, fondled him and watched him shower naked.

"The only thing that transpired was the same stuff that happened to me," Tomaselli said of his relationship with the teenage boy in Maine. "This kid has been through a lot because of the way I controlled him and abused him."

Tomaselli has pleaded not guilty to 11 charges including gross sexual assault, tampering with a victim and unlawful sexual contact.

But he said he anticipates that he'll plead guilty in Superior Court and that a plea bargain is in the works. The plea bargain calls for him to serve three years, or perhaps less, in prison and to register as a sex offender for life, he said.

"I don't really see any other way at this point," he said.

Tomaselli's lawyer went to court last week seeking to suppress his confession to police. Defense lawyer Justin Leary said the confession was coerced by a detective after a lengthy interview, and the judge hadn't ruled on the motion as of Monday.

On Monday, Tomaselli said he was "sick of hiding behind my attorney."

Leary declined comment Monday evening on his client's comments to the AP.

Tomaselli also has said that he was abused by his father, Fred Tomaselli, and that he went to police about it in June in upstate New York. No charges were filed, and Fred Tomaselli said the allegations were "totally unfounded."

On Monday, Zach Tomaselli said he's taking responsibility and doesn't want to blame Fine or his father for his actions in Lewiston, where he lives with his grandmother.
More...

http://www.reuters.com/article/2011/12/06/us-crime-coach-syracuse-search-idUSTRE7B505K20111206
Agents looked for porn in search of Bernie Fine's properties
By Aman Ali
December 5, 2011

(Reuters) - Federal agents searched the home and office of former Syracuse basketball coach Bernie Fine last month for pornographic materials and items detailing his relationships with young boys, court records showed.

A federal judge in Syracuse on Monday unsealed four search warrants executed on three days in late November related to Fine, the former Syracuse assistant basketball coach accused of fondling ball boys working with the highly ranked college team.

The search warrants showed that agents looking for items including pornography "that could have been used to sexually arouse or groom young males to engage in sex acts" had seized cell phones, iPads, computers, handheld electronics and more than 400 CDs, DVDs and VHS tapes.
 ::snipping2::
In the Syracuse case, agents conducting searches had looked for all records detailing Fine's "present or past association, contact, and/or activities with minor males." That includes young boys that have stayed over at his home in the past, one warrant said.

Some of the records seized from Fine included bank statements, travel receipts, checks and several photos and film. Aside from searches at Fine's home and office, a warrant was also granted to search three of his safety deposit boxes at two banks where several documents were seized.

Officials at the U.S. Attorney's office could not be reached for comment to discuss what the seized items revealed. Fine's attorneys could also not be reached for comment.

A judge ordered the search warrants unsealed on Monday after several reporters petitioned for their release.
 ::snipping2::

http://www.cbssports.com/mcc/blogs/entry/26283066/33715108
Why did Bernie Fine have nine cellphones?
By Matt Norlander
December 5, 2011

There is plenty of flying shrapnel humming around the Syracuse/Bernie Fine case. Monday, the public was made privy to the items that federal authorities recently seized at Bernie Fine's house and workplace.

It's what you'd expect. All of his at-home electronics, including a raid on his Manley Field House office, too. But it's not what the authorities took the possessions, it's that Fine -- who still has not been charged with any crime and has denied all accusations -- reportedly was in possession of nine cellphones.

That's a detail that could potentially lead to serious collateral damage for Syracuse's basketball program down the road.

Even for a college coach, nine phones staggering number (still high if you want to assume five of those phones he no longer uses/are outdated). Plenty of cynics will greet this with mock applause, as assistants have been known to use extra phones as if they were a regular on "The Wire." For all the issues and problems Bernie Fine had in his life, there's really no plausible reason for him to explain having that many phones attached to his name.
 ::snipping2::
I'm saying Fine had nine cellphones and he was an assistant coach at a major D-I college basketball power.

Also, Fine was long off the recruiting trail, too. He wasn't he one working on landing the better Orange prospects in the past decade-plus. From a basketball standpoint, it doesn't make sense that he'd have that many cells to begin with. Those close to the program know Fine wasn't a cog in the recruiting machine at SU anymore.

Still, the question I can't get out of my head: Why so many phones, Bernie? (At the same time, I'm not in the mood to dip down into that dark territory right now.)

From the Post-Standard, here's an excerpt of what police were looking for and confiscated. (Note: Authorities couldn't care less, and it's out of their jurisdiction, if they ever came across information that showed illegal NCAA activity)

    Two safety deposit boxes rented by Fine were also searched at local banks, according to the inventories from the execution of four search warrants. Seven letters were seized from one safe deposit box.

    Authorities led by the U.S. Secret Service and Syracuse police searched Fine's house in DeWitt Nov. 25 and Fine's SU office Nov. 29. Records show the agents were looking for pornographic material and records relating to any association with boys, past or present, and any records of boys living in Fine's home. The agents also sought all records of interstate or foreign travel, such as records of air travel and hotels.

    From Fine's home ... the Secret Service seized nine cell phones, three iPads, two laptop computers and one desktop computer, the documents show. They seized six still or video cameras, 16 VHS tapes and nearly 150 CD's or DVD's, the records show. The agents also seized a bag of negatives, seven safe deposit box keys, file cabinets, two boxes of documents and two boxes of checks from the home, the records show.

    From Fine's office at SU's office ... the agents seized a laptop computer, a desktop computer, 135 CDs, 217 VHS tapes, and a box of documents and photos, the records show.

The irony of this is, the NCAA recently rejiggered its bylaws in regard to cellphone usage. It finally let go of so many strict, stale rules with phones, including text-messaging and Facebook/Twitter-related activity. But Fine had these phones before those rules were alleviated. It's a ways down the road, and the NCAA is acquiescing everything (rightfully) to to authorities right now, so this is just a side note to this mammoth case that's got 20 times as many questions as answers right now.
More...

http://www.washingtonpost.com/sports/colleges/attorneys-see-challenges-in-federal-probe-of-sex-allegations-against-former-syracuse-coach/2011/12/06/gIQAbczgZO_story.html
Attorneys see challenges in federal probe of sex allegations against former Syracuse coach
December 6, 2011

http://www.thedailybeast.com/content/newsweek/2011/12/04/complicit-wives-dottie-sandusky.html
The Wives of Sex Offenders: Was Dottie Sandusky Complicit?
December 5, 2011

In the aftermath of sex-abuse scandals at Penn State -- and now Syracuse -- one of the most perplexing questions has been about the women who shared the beds of the accused. How on earth could they not have known?
More...

http://usnews.msnbc.msn.com/_news/2011/12/07/9274546-da-bernie-fine-accusers-credible-but-no-charges
DA: Bernie Fine accusers credible, but no charges
December 7, 2011

A New York prosecutor says he cannot bring child sex abuse charges against former Syracuse basketball coach Bernie Fine because the statute of limitations has passed. BJ Bernstein, a former prosecutor, and msnbc's Thomas Roberts weigh in.

SYRACUSE, N.Y. -- A county district attorney investigating sex abuse charges against former Syracuse University assistant basketball coach Bernie Fine said Wednesday he cannot bring charges against Fine but that two men who accused him are credible.

Onondaga County District Attorney William Fitzpatrick said his investigation into the claims against Fine started out to answer several questions, among them: Were the first two accusers, Bobby Davis and his stepbrother Michael Lang, being truthful?

"On almost every single criteria, Bobby Davis came out as a credible person," the district attorney said. "Mike Lang also comes across as a credible person."
 ::snipping2::
Davis and Lang, both former ballboys for the team, have accused Fine of molesting them at his home, on the road with the team or in team facilities when they were boys. Fitzpatrick said allegations from a third man, 23-year-old Zach Tomaselli of Maine, don't relate to Onondaga County.

The district attorney said Davis tried to report his accusations in 2002 and criticized the Syracuse police for how the investigation was handled.

"Bobby, I'm sorry it took so long," the district attorney said. "I wish I had known you as a prosecutor in 2002 or even better in the 1990s."
 ::snipping2::
Asked what might happen next in the case, Fitzpatrick said: "That's up to the U.S. Attorney's office. I can't bring Bernie Fine to justice for what he did to Bobby Davis and Mike Lang."

http://www.reuters.com/article/2011/12/07/us-coach-syracuse-idUSTRE7B52NW20111207
Accusers of Syracuse coach credible: prosecutor
December 7, 2011

(Reuters) - Accusations that former Syracuse University basketball coach Bernie Fine fondled ballboys would have led to his arrest except for the legal statute of limitations, Onandaga County District Attorney William Fitzpatrick said Wednesday.
 ::snipping2::
Federal authorities have taken the lead in the Fine investigation since questions were raised about how vigorously the Syracuse police pursued the tip nine years ago.
 ::snipping2::

http://content.usatoday.com/communities/campusrivalry/post/2011/12/syracuse-district-attorney-fitzpatrick-bernie-fine/1
DA: 2 Bernie Fine accusers credible, but cannot prosecute
December 7, 2011

Bobby Davis and Mike Lang, former Syracuse men's basketball team ball boys, are credible with their allegations of child sexual abuse against fired Syracuse associate coach Bernie Fine, Onondaga County (N.Y.) District Attorney William J. Fitzpatrick said Wednesday.

However, no state charges can be filed against Fine because the statute of limitations has long expired.

"But for the obvious problem of the statute of limitations, their allegations would have resulted in the arrest of Bernie Fine, at least for the misdemeanor charge of sexual abuse in the third degree," Fitzpatrick said.

"I make no judgment as to what the outcome of a trial would have been, or whether Mike Lang and Bobby Davis could have withstood the rigors of cross-examination," Fitzpatrick added. "It is not my place to pronounce Bernie Fine guilty of anything. It is my place, however, especially in light of recent events, to affirm that these two victims are believable."
Fitzpatrick said an investigator from his office interviewed someone on Nov. 20 "with significant inside information about the Fine household which left one with little doubt that an inappropriate relationship existed between Bobby Davis and Bernie Fine and (wife) Laurie Fine was well aware of its existence."

In 2002 Davis, now 39, secretly and legally recorded a telephone conversation between him and Laurie Fine, in which she acknowledged the molestation.
"The significance of this tape cannot be overstated," Fitzpatrick said. "Anyone listening to that tape, which will be authenticated by federal authorities, cannot fail to understand that Bobby Davis is being truthful.
 ::snipping2::
Fitzpatrick said it was clear that Davis had made several attempts to report abuse by Fine. He went to Syracuse city police in 2002, but a detective told him the statute of limitations had expired. He also went to Syracuse University, but a four-month investigation cleared Fine, according to officials there.
 ::snipping2::
After his news conference, Fitzpatrick told ESPN that if not for the statute of limitations, Laurie Fine could be investigated, "if only for child endangerment." Asked whether he was essentially done with the investigation, Fitzpatrick said yes, though his office is asking for other victims to come forward.

As for Syracuse Hall of Fame coach Jim Boeheim, who vehemently supported Fine for several days before apologizing, Fitzpatrick said, "He screwed up. He trusted a friend for 40 years."

Can someone explain to me the report about the 9 cells?  Does it have something to do with courting players for the team?

http://www.cbssports.com/mcc/blogs/entry/26283066/33715108
Why did Bernie Fine have nine cellphones?
By Matt Norlander
December 5, 2011


 

lol...okay, see, I read the article the first time and didn't understand the 9 cell issue.  I guess they are saying that there may be coaches who have multiple cells for contacting players even though they aren't supposed to?  Is that the issue?  I'm sorry.  I just don't do sports so I don't know the particulars about such things.

http://www.nydailynews.com/sports/college/zach-tomaselli-claims-sexually-abused-syracuse-ass-t-bernie-fine-file-a-civil-lawsuit-article-1.988557?localLinksEnabled=false
Zach Tomaselli, who claims to have been sexually abused by Syracuse  ass’t Bernie Fine, to file a civil lawsuit
Bernie Fine is listed as the sole defendant
BY Teri Thompson & Michael O'keeffe
December 8, 2011

Onondaga County District Attorney William Fitzpatrick may have turned over what he called "exculpatory" evidence to Bernie Fine's lawyers proving that Zach Tomaselli couldn't have been in a Pittsburgh hotel on the night he says he was sexually abused by the former Syracuse assistant basketball coach, but that hasn't stopped Tomaselli, a 23-year-old Maine man from filing a lawsuit against Fine.

Attorney Jeff Anderson, who is also representing an alleged victim in the Jerry Sandusky sex abuse case, will announce Thursday at a news conference in Pittsburgh that he, and attorney Alan Perer, will file a civil lawsuit on behalf of Tomaselli in the Allegheny County Court of Common Pleas.
Tomaselli, who said last week that he will plead guilty to sexually abusing a 13-year-old boy, has said he was on a 2002 road trip with the Syracuse basketball team when he was sexually abused by Fine in a Pittsburgh hotel room when Tomaselli was 13. He will attend the news conference and will speak about the alleged abuse, according to Anderson. Fine is listed as the sole defendant.
 ::snipping2::
Victims' advocates, however, criticized Fitzpatrick's comments about Tomaselli.

"Child sex abuse victims are, by definition, children," said Barbara Dorris, Outreach director of SNAP, the Survivors Network of those Abused by Priests. "So they can sometimes get details wrong, especially about time and place. It's premature and hurtful for anyone to assume that Bernie Fine's defense lawyers are right when they claim to have found exculpatory evidence."
 ::snipping2::
Victims' advocates, however, criticized Fitzpatrick's comments about Tomaselli.

"Child sex abuse victims are, by definition, children," said Barbara Dorris, Outreach director of SNAP, the Survivors Network of those Abused by Priests. "So they can sometimes get details wrong, especially about time and place. It's premature and hurtful for anyone to assume that Bernie Fine's defense lawyers are right when they claim to have found exculpatory evidence."
 ::snipping2::

http://www.stltoday.com/sports/college/da-comments-stir-reaction-in-ex-su-coach-probe/article_069e500b-5acd-53bb-bff8-cf49e888f571.html
Home / Sports / College
DA comments stir reaction in ex-SU coach probe
December 8, 2011

http://espn.go.com/mens-college-basketball/story/_/id/7330588/zachary-tomaselli-sues-former-syracuse-orange-assistant-bernie-fine
Zachary Tomaselli sues Bernie Fine
December 8, 2011

PITTSBURGH -- The attorney for a Maine man who claims former Syracuse assistant basketball coach Bernie Fine molested him on a team trip to Pittsburgh in 2002 said he filed a lawsuit Thursday to rebut comments by Fine's attorneys and a prosecutor that the man isn't credible.

The lawyer, Jeffrey Anderson, said he would have preferred to sue the 65-year-old ex-coach after federal prosecutors in New York finish their investigation.
More...
Video at Link

http://www.seattlepi.com/news/article/Syracuse-abuse-case-stirs-media-ethics-debate-2390415.php
Syracuse abuse case stirs media ethics debate
Carolyn Thompson, AP
December 9, 2011

I had to look and then look again to make sure I wasn't reading an article from "The Onion", the satire paper.  I just came across this, which appears to have been published yesterday. If what this article alleges is true, Bernie Fine's wife Laurie is a far cry from Jerry Sandusky's wife Dottie, who seems totally clueless to her husband's sexual preferences and predatory behavior toward young boys.  Of course, there is the alleged phone recording between Laurie Fine and one of her her and her husband's victims Bobby Davis.   The young man may have been an 18 year old senior in high school when he allegedly had sex with Laurie Fine, but I consider Bobby Davis a victim of Laurie Fine too.  It was inappropriate.  Some might think the kiddo got lucky but to me, Laurie Fine was a sexual predator.  JMHO  Now it's interesting that some of gossip from the household help is coming out. 

http://www.businessinsider.com/bernie-fine-nanny-2011-12
Bernie Fine's Nanny Says His Wife Thought He Was Gay And They Were 'Clearly Leading Different Lives'
Leah Goldman
December 8, 2011

Syracuse District Attorney William Fitzpatrick gave CNN some insight from Bernie Fine's former nanny.

Fitzpatrick said, of the nanny:

“Laurie Fine had numerous conversations with her [the former nanny]... and clearly indicating that Laurie Fine was of the opinion that Bernie Fine was gay and that they were leading two separate lives under the same house.”
 ::snipping2::

Okay, now this makes more sense, but it's still misleading imo.  The Nanny "witnessed relationship between Fine,Davis", which is the title of the article (a teaser imo).  She didn't witness any molestation, but it appears from the way this article reads, Bernie Fine and Bobby Davis were awfully chummy.  "...the way they would suddenly disappear together..."  It looks to me all of that could be explained away by the defense attorney.  More of that crazy Bernie, horsing around.   ::MonkeyRoll::

http://www.9wsyr.com/news/local/story/DA-Nanny-witnessed-relationship-between-Fine-Davis/hfBkc7Gwgkqwz3DxAJdsgw.cspx
DA: Nanny witnessed relationship between Fine, Davis
December 9, 2011

Syracuse (WSYR-TV) -- District Attorney Bill Fitzpatrick spoke with a former nanny who witnessed the relationship between Bobby Davis and Bernie Fine.

Davis, who often stayed with the Fines, was the first accuser to come forward and claim that Fine abused him as a ball boy starting in the 1980s.

The woman was 16 years old when she worked in the Fine home.

Speaking with a CNN reporter, Fitzpatrick said, “No question about it, all kinds of things. She didn’t physically witness any molestation, but clearly body language, affect, the way they talked to each other, the way they acted around each other, the conversation she had with Laurie Fine there's no question.”

“The way would do things, they way they would watch TV, the way they would eat food together, the way they would suddenly disappear together,” Fitzpatrick continued.

Fitzpatrick also mentioned that the nanny had conversation with Bernie’s wife, who told her that she thought her husband was gay and that both were living separate lives under one roof.

Video at Link

Note: This article is 11 days old now, and Matt Govendo's twitter account  http://twitter.com/#!/mgovendo (http://twitter.com/#!/mgovendo) is noted as:
"@mgovendo's Tweets are protected.
Only confirmed followers have access to @mgovendo's Tweets and complete profile. You need to send a request before you can start following this account."

http://www.nydailynews.com/sports/college/ncaa-basketball/nephew-fired-syracuse-assistant-basketball-coach-bernie-fine-defends-uncle-twitter-article-1.983743
Nephew of fired Syracuse assistant basketball coach Bernie Fine defends his uncle on Twitter
Matt Govendo blasts Fine's accusers on his Twitter account
November 28, 2011

Matt Govendo has taken to Twitter to slam the growing critics of his aunt and uncle, Laurie and Bernie Fine, the couple at the center of the Syracuse University sexual abuse scandal.
In the fallout of Bernie Fine’s firing on Sunday amid the release of a tape-recorded phone call between Laurie Fine and Bobby Davis — who alleges he was sexually abused by Bernie Fine and claims to have had a sexual relationship with Laurie Fine — Govendo went to the media and Twitter in support of his relatives.
 ::snipping2::
Laurie Fine was to have addressed the explosive contents of the tape, but told local TV affiliate WSYR/Channel 9 that she would not release a statement after all.

Govendo, however, has been anything but silent.

In a Nov. 21 tweet, Govendo (@mgovendo) wrote, “ive known both parties for 26 years...no way in hell bernie is capable of doing anything like that.”

Later, on Thanksgiving, Govendo ripped the local district attorney and Syracuse police over information the DA (William Fitzpatrick) claims police leaked in the Fine investigation.

“(Expletive) that the lack of respect from DA/SPD to one another is taken away the PURE fact that there are 3 people lying for personal advancement,” tweeted Govendo, referring to the three alleged victims who have come forward. Govendo, who has a photo on his Twitter account that shows him posing with former Syracuse star and current Knick Carmelo Anthony, could not be reached for comment.

http://centralny.ynn.com/content/top_stories/566441/victims--advocates-weigh-in-on-bernie-fine-latest/
Victims' advocates weigh in on Bernie Fine latest
By: Kat De Maria
December 8, 2011
Advocates for victims of child sexual abuse continue to weigh in on the Bernie Fine investigation. Father Bob Hoatson and members of the New York Coalition to Protect Children returned to Syracuse Thursday. Our Kat De Maria tells us what they had to say.

Video at Link

http://www.nydailynews.com/life-style/health/sports-fans-enabling-sexual-abuse-scandals-reveal-seamiest-side-sports-article-1.988895?localLinksEnabled=false
Sports fans enabling sexual abuse; Scandals reveal the seamiest side of sports
An environment that enables sexual addiction has taken root in professional sports
December 9, 2011

http://www.syracuse.com/news/index.ssf/2011/12/questions_on_the_bernie_fine_i.html
Questions on the Bernie Fine investigation? Ask DA William Fitzpatrick in a live Q&A Monday at 10 a.m.
December 11, 2011

Onondaga County District Attorney William Fitzpatrick will answer reader questions on the Bernie Fine investigation in a live Q&A at 10 a.m. Monday on syracuse.com. Bookmark this page or sign up for an email reminder below. (in article at link)

http://www.washingtonpost.com/national/ny-district-attorney-says-he-hasnt-interviewed-bernie-fine-defers-to-federal-sex-abuse-probe/2011/12/12/gIQA8og4pO_story.html
NY district attorney says he hasn’t interviewed Bernie Fine, defers to federal sex-abuse probe
December 12, 2011

SYRACUSE, N.Y. — A New York district attorney said Monday he hadn’t interviewed a fired Syracuse University assistant basketball coach accused of sexual abuse or his wife because of an ongoing federal investigation.
More...

http://twitter.com/#!/vinniepolitan (http://twitter.com/#!/vinniepolitan)

VinniePolitan Vinnie Politan
Gloria Allred suing Syracuse Basketball coach Jim Boeheim for DEFAMATION for calling her clients liars out for money...
16 minutes ago

http://abcnews.go.com/Sports/wireStory/men-plan-sue-syracuse-coach-sex-abuse-15144970#.Tuew5FZVXIU
2 Men Sue Syracuse, Boeheim for Defamation
By RACHEL COHEN AP Sports Writer
December 13, 2011

http://www.syracuse.com/news/index.ssf/2011/12/third_bernie_fine_accuser_zach.html
Third Bernie Fine accuser Zach Tomaselli expects to go to prison for sexual abuse of a minor
By Katie Kramer, syracuse.com
December 13, 2011

http://www.syracuse.com/news/index.ssf/2011/12/fines_lawyers_we_wont_object_t.html
Fine's lawyers: We won't object to release of more records on search warrants
December 13, 2011

http://news.blogs.cnn.com/2011/12/14/roundup-of-sex-abuse-allegations-penn-state-the-citadel-syracuse-oklahoma/
Roundup of sex-abuse allegations: Penn State, The Citadel, Syracuse, Oklahoma
December 14, 2011

 ::snipping2::
Alleged sex abuse victims suing Syracuse, Boeheim

Two men who accused former Syracuse University assistant basketball coach Bernie Fine of sexual abuse have filed a defamation lawsuit in a New York court against the university and its longtime head basketball coach, Jim Boeheim, their attorney announced Tuesday.

Bobby Davis and his stepbrother, Mike Lang, have alleged that Fine repeatedly abused them when they were children.

The lawsuit comes days after Boeheim apologized for accusing Lang and Davis of fabricating their allegations. "I believe I misspoke very badly in my response to the allegations that have been made," he said. "I shouldn't have questioned what the accusers expressed or their motives."

Attorney Gloria Allred told reporters that Boeheim's subsequent apology was "too little, too late."

"Over the past 35 years, Boeheim had hundreds, if not thousands of opportunities to observe Fine's relationship with boys," Allred added.

Davis told CNN's "Piers Morgan Tonight" later Tuesday that he hopes his actions encourage other young victims of abuse to come forward. "I am coming forth to (help) give children the courage to talk. I was afraid all my life to talk about this," he said.

Fine has maintained his innocence, saying the allegations are "patently false in every aspect." He has not been charged with a crime.
 ::snipping2::

http://www.usatoday.com/sports/college/mensbasketball/bigeast/story/2011-12-14/case-against-boeheim-syracuse-tough-to-prove/51932622/1
Case against Boeheim, Syracuse could be tough to prove
By Marlen Garcia, USA TODAY
December 14, 2011

http://www.usatoday.com/sports/college/mensbasketball/story/2011-12-14/bernie-fine-accuser-zach-tomaselli-jailed/51896720/1?loc=interstitialskip
Fine accuser jailed in Maine for violating bail conditions
December 14, 2011

LEWISTON, Maine (AP) – The Maine man who has accused a former Syracuse University basketball coach of sexual assault and has himself been charged with child abuse offenses has been arrested for allegedly violating bail conditions.
Lewiston police tell the Sun Journal (http://bit.ly/uHlzOa) they arrested 23-year-old Zachary Tomaselli on Tuesday afternoon, a day after receiving a tip that he had given a car ride to a minor in violation of bail conditions.

Tomaselli cannot have contact with anyone under 18, except for incidental contact at work.
 ::snipping2::

http://centralny.ynn.com/content/top_stories/567098/legal-expert-analyzes-su-boeheim-defamation-suit/
Legal expert analyzes SU/Boeheim defamation suit
By: Kat De Maria
December 14, 2011
Video at link

http://www.syracuse.com/news/index.ssf/2011/12/federal_prosecutors_oppose_uns.html
Federal prosecutors oppose unsealing Fine documents
December 14, 2011

A federal prosecutor today asked a judge not to unseal documents in the Bernie Fine child molestation investigation.

Assistant U.S. Attorney Steven Clymer asked U.S. Magistrate Andrew Baxter not to grant the request of four media organizations to unseal the three applications that the U.S. Secret Service submitted to get warrants to search the home, office and bank safe deposit boxes of the former Syracuse University assistant basketball coach.

Unsealing the applications would hinder the federal investigation, cause embarrassment to people who have come forward to police, and in one case could jeopardize the safety of a source, Clymer wrote in a six-page letter to Baxter.

Disclosure "will jeopardize the government's ongoing investigation into the sensitive area of child abuse and molestation," Clymer wrote. Although some of the information in the applications has already been made public, some of it has not, he said.

Unsealing the applications could "disclose to the target the extent and nature of the government's information at the time it sought the warrants and lay bare its investigative steps," Clymer wrote.
More...

http://www.usatoday.com/sports/college/mensbasketball/bigeast/story/2011-12-15/bernie-fine-fourth-accuser-sexual-assault/51951490/1
Fourth man accuses Bernie Fine of sexual abuse
December 15, 2011

SYRACUSE, N.Y. (AP) – A New York prison inmate has come forward with accusations that he was sexually molested by former Syracuse University assistant basketball coach Bernie Fine as a child, starting more than 40 years ago, according to a report published Thursday.
The Post-Standard of Syracuse reported (http://bit.ly/ul8vdy ) that 56-year-old Floyd VanHooser told the newspaper Wednesday that Fine began sexually abusing him when VanHooser was 14 years old.
 ::snipping2::
VanHooser told the newspaper Syracuse police interviewed him last month at Elmira Correctional Facility, where he was being held before being moved to Clinton in northern New York. He said police told him that his former case worker contacted them and told them they should talk to VanHooser about his relationship with Fine.

VanHooser told the Post-Standard that he was orphaned before he was 13 and lived with Fine on and off for nearly 40 years. He said the sexual contact continued over four decades
 ::snipping2::

http://www.syracuse.com/news/index.ssf/2011/12/prison_inmate_becomes_4th_man.html
Prison inmate becomes fourth man to accuse fired Syracuse University coach Bernie Fine of sexual abuse
Story by staff writers Emily Kulkus and John O'Brien
December 15, 2011

http://www.syracuse.com/news/index.ssf/2011/12/fourth_man_to_accuse_bernie_fi.html
Fourth man to accuse Bernie Fine of sex abuse claims there are other victims
December 16, 2011

he fourth man to accuse former Syracuse University assistant basketball coach Bernie Fine of sexual abuse claims there are other victims who have yet to come forward.

In an interview with The Post-Standard published on Thursday, Floyd VanHooser said that the abuse started 42 years ago when he was 14 years old, after Fine took him in as an orphan.

Syracuse Police interviewed VanHooser, who is serving a 16-years-to-life sentence in prison, last month. VanHooser said he told police about three incidents with Fine in 1998, 2001, and 2011, when Fine pressured him to perform oral sex and later gave him money.

According to sex-abuse victims' advocate Robert Hoatson, who met with VanHooser in prison on Monday, VanHooser said there are more alleged victims.

"He said there are at least two others that he knows about," Hoatson, the founder of Road to Recovery, an organization that counsels sex-abuse victims, told the New York Daily News.

Last week, Onondaga Country District Attorney William Fitzpatrick told reporters at a news conference that, "there simply is no victim No. 4."

According to Hoatson, Syracuse Police told VanHooser something different.

"Syracuse police told him he was credible," Hoatson told USA Today.

After the news conference, there were questions by legal experts about how Fitzpatrick handled the news conference, with some experts saying he overstepped his boundaries. Now others are questioning about Fitzpatrick's statements about the fourth victim.

"What this says to me is that District Attorney Fitzpatrick wanted to put a nice clean bow on a case," Hoatson told the Daily News. "How he can say a human being doesn't exist is beyond me. He basically said Bob Hoatson made this up."
More...

http://www.boston.com/ae/tv/articles/2011/12/17/espn_hopes_braud_dodd_stories_turn_tide/
ESPN hopes Braud, Dodd stories turn tide
By David Bauder
AP Television Writer / December 17, 2011

http://online.wsj.com/article/AP8af660ab0535418b882ec1bafbc91a39.html
Bernie Fine friend resigns as Syracuse U. trustee
December 20, 2011

SYRACUSE, N.Y. — A member of the Syracuse University board of trustees who's a longtime friend of former assistant basketball coach Bernie Fine has resigned from the board.

The Post-Standard of Syracuse reports (http://bit.ly/rBrjjN ) former Syracuse basketball player George Hicker told the newspaper he resigned earlier this month because the trustee duties had become more work than expected.
 ::snipping2::

http://www.cbsnews.com/8301-504083_162-57346045-504083/bernie-fine-accuser-pleads-guilty-to-child-sex-abuse-charges-in-maine/
Bernie Fine accuser pleads guilty to child sex abuse charges in Maine
December 21, 2011

(CBS/AP) - LEWISTON, Maine - One of the men who has accused former Syracuse University assistant basketball coach Bernie Fine of sexual abuse pleaded guilty Tuesday to charges that he himself sexually abused a Maine boy.

Zachary Tomaselli, 23, appeared in court the day after being arrested for allegedly violating his bail by giving a car ride to a minor. Tomaselli was not allowed to have contact with anyone under 18 outside of work.

Tomaselli pleaded to four of the 11 counts against him, including gross sexual assault, and, according to his defense attorney, he faces a maximum penalty of 3 years and 3 months, reports CBS affiliate WGME. He will be free on bail until sentencing in February.
 ::snipping2::

http://www.chicagotribune.com/news/sns-rt-us-coach-syracusetre7bl16v-20111222,0,835899.story
Anonymous tip line set up in federal probe of Syracuse coach
December 22, 2011

NEW YORK (Reuters) - Federal prosecutors said on Thursday they have set up an anonymous tip line to bolster their investigation of child sexual abuse allegations against former Syracuse University basketball coach Bernie Fine.

Executive assistant U.S. Attorney John Duncan said the toll-free telephone line, 1-855-395-1106, is aimed at gathering more information to help authorities decide whether they should build a case against Fine.

The line was established to make it easier for other alleged victims or anyone with information to come forward and reach federal authorities, he said.

"We're just trying to be as thorough as possible with the investigation," Duncan said.

"Given the nature of the allegations, and right now they're just still allegations, people might be reluctant to come forward," he said.
 ::snipping2::

http://espn.go.com/mens-college-basketball/story/_/id/7381199/syracuse-orange-scandal-bobby-davis-felt-owed-bernie-fine
Bobby Davis felt he 'owed' Bernie Fine
December 22, 2011

The Rape, Abuse and Incest National Network's hotline number is 1-800-656-HOPE. Its online hotline is at http://rainn.org/get-help/national-sexual-assault-online-hotline.

The number for Childhelp is 1-800-4-A-CHILD (1-800-422-4453).

http://www.democratandchronicle.com/article/20111229/SPORTS09/112290331
Who holds the power at major sports schools?
Includes reporting by USA Today's Steve Wieberg, Democrat and Chronicle sports editor Steve Bradley and staff writer James Goodman.
December 29, 2011

(Five page article)

http://www.syracuse.com/news/index.ssf/2011/12/in_wake_of_bernie_fine_investi.html
In wake of Bernie Fine investigation, Central New York therapists find more clients disclosing incidents of child sexual abuse
By Hart Seely / The Post-Standard
December 23, 2011

Syracuse, NY -- Soon after the headlines hit, the “door knob disclosures” began. That’s what Syracuse psychotherapist Shannon Rice calls it when a client meanders through an entire therapy session and then, halfway out the door, drops the bomb: When I was a child, something happened ...

Three clients, three revelations. Plus, Rice took five new calls, each one burning to reveal a secret: Long ago, they had been sexually molested. “I think the news stories kind of gave them permission to bring up their own experiences,” Rice said of her recent spate of sex-abuse revelations. “I think the stories are a factor in people coming forward.”

Since mid-November, when sex abuse allegations against Syracuse University assistant basketball coach Bernie Fine first exploded on local and national news cycles, eight clients have revealed to Rice childhood experiences of sexual abuse.

She’s not alone. Therapists across the area say a newly elevated public consciousness, triggered by the high-profile Fine case, is resurrecting long-buried traumas from the past. “I think our community is having a conversation,” said Dr. Kathryn Sowards, former director of Child and Family Mental Health at the McMahon Ryan Child Advocacy Center, now in a Fayetteville private practice.

That conversation is taking place less in front of TV lights than in quiet offices, where social workers and psychologists sit to listen. Therapists say the talks will bring many personal breakthroughs and a few hard confrontations, though not necessarily in court. Major child abuse scandals often send ripples throughout a region, and the story of Bernie Fine — along with its impact on Central New York — is just beginning.
 ::snipping2::

http://www.therepublic.com/view/story/BKC-SYRACUSE_6997310/BKC-SYRACUSE_6997310/
In Syracuse, furor over sex-abuse claims fizzles out
By Frank Fitzpatrick
January 10, 2012

http://www.syracuse.com/news/index.ssf/2012/01/pittsburgh_lawyer_defending_su.html
Pittsburgh lawyer defending SU coach Jim Boeheim in defamation suit
By John O'Brien
January 11, 2012


Syracuse, N.Y. -- A Pittsburgh lawyer with a history of representing college coaches is defending Syracuse University basketball coach Jim Boeheim against a lawsuit filed by two men who accused Boeheim’s longtime assistant of sexual abuse.

SU alumnus C. James Zeszutek confirmed Tuesday he’s Boeheim’s primary lawyer in the slander suit filed last month by Bobby Davis and Mike Lang, who accused former assistant coach Bernie Fine of molesting them years ago when they were ball boys for SU.

Lang and Davis sued Boeheim and SU, claiming he falsely accused them of lying when they publicly accused Fine of molesting them. Boeheim later apologized for those comments.
 ::snipping2::

http://www.syracuse.com/news/index.ssf/2012/01/bernie_fine_fourth_accuser_floyd_vanhooser_recants.html
Bernie Fine's fourth accuser, Floyd VanHooser, recants: 'I told a lot of lies'
By Emily Kulkus and Jim O'Hara
January 15, 2012

The fourth man to accuse former Syracuse University assistant basketball coach Bernie Fine of sexually molesting him said Friday that he lied and Fine never abused him as a child.

State prison inmate Floyd “David” VanHooser said he lied to police and news reporters to get back at the coach who helped raise him because Fine did not hire a lawyer for him to fight his most recent criminal conviction.

VanHooser, 56, told two Syracuse police detectives in late November that Fine began molesting him when he was 14 or 15 years old and the sexual contact continued until last summer. VanHooser told The Post-Standard the same story in interviews at the Clinton Correctional Facility in Dannemora on Dec. 14 and Dec. 20.
 ::snipping2::

http://blog.syracuse.com/opinion/2012/01/event_thursday_to_address_sign.html
Event Thursday to address signs and symptoms of child abuse
January 18, 2012

To the Editor:

Since the Penn State sex abuse scandal and allegations of sexual abuse of minors by longtime Syracuse University assistant basketball coach Bernie Fine emerged, I and my staff have heard numerous stories from adults disclosing that they are survivors of child abuse. People are now talking about this around the water cooler!

Although the topic of child sexual abuse is disturbing, perhaps the silver lining in these painful news stories is that more people feel comfortable talking about the issue and it is an opportunity for adult survivors to get support and closure. Also, a community with informed adults can prevent others from being abused. In order to facilitate a community conversation and to expand the community’s understanding of child abuse, McMahon/Ryan Child Advocacy Center is hosting a Town Hall Meeting on Preventing Child Abuse in Youth Athletics 6:30 to 8:30 p.m. Thursday at Onondaga Community College’s Storer Auditorium. I heartily encourage anyone who is involved in youth sports or parents of children in youth sports or any youth group to attend.
More...

This is really bad for all the true victims that have been harmed.   ::MonkeyNoNo:: 

http://www.syracuse.com/news/index.ssf/2012/01/district_attorney_bernie_fine.html
District Attorney: Bernie Fine accuser Zach Tomaselli changed his story
By Mike McAndrew / The Post-Standard
January 19, 2012

Things like this can cause such damage and doubt for legitimate cases.   ::MonkeyNoNo::

http://www.chicagotribune.com/sports/sns-rt-fine-accuser-drops-case,0,5342152.story
Bernie Fine accuser doctored emails, drops case
January 21, 2012

After admitting he doctored emails to make reporters think police found him credible, but maintaining that former Syracuse basketball coach Bernie Fine molested him, Fine's third accuser, Zach Tomaselli, told The (Syracuse) Post-Standard he wanted to drop the case.

Tomaselli, who was the only accuser whose claims were still within the statute of limitations to criminally prosecute Fine if he was found guilty, first told The Post-Standard about altering the emails in an interview in a Houston hotel room, the paper reported.

He later texted reporters at the paper, saying he was asking police to dismiss the case, partially because he did not want to spend the time on it as he prepared for a prison term related to his own guilty plea over sexually abusing a teen-aged boy.
 ::snipping2::
While Tomaselli, 23, said he was truthful about his allegations of abuse, he told the paper he had changed some emails to make it seem as though police found him credible. Police confirmed to The Post-Standard that an email Tomaselli said he had doctored had not been written by a police representative.

Syracuse prosecutors have said they found the initial claim of child sexual abuse against Bernie Fine, by Bobby Davis, a former SU ball boy, to be credible. But the statute of limitations had expired for the alleged crimes, they said. Mike Lang, another former ball boy, and Davis' step-brother, also has said Fine molested him multiple times.

Fine has maintained his innocence.

http://espn.go.com/mens-college-basketball/story/_/id/7507569/jim-boeheim-syracuse-want-defamation-trial-moved-upstate
Jim Boeheim wants trial moved
January 26, 2012

SYRACUSE, N.Y. -- Attorneys for Syracuse University and men's basketball coach Jim Boeheim want a defamation suit moved to Onondaga County.

Lawyers filed a motion last week to move the suit related to the Bernie Fine sex abuse allegations from New York City to Onondaga County. They argue that Bobby Davis and Mike Lang improperly filed their lawsuit because all the parties are in Onondaga County.
 ::snipping2::
The men's lawyers don't think they'll get a fair trial in Onondaga County because of the basketball team's huge fan base.
 ::snipping2::


http://www.syracuse.com/news/index.ssf/2012/01/home_court_advantage.html
Syracuse University, Jim Boeheim seek slander lawsuit over Bernie Fine case moved to Central New York
By John O'Brien / The Post-Standard
January 24, 2012

Syracuse, N.Y. -- Lawyers for Syracuse University and basketball coach Jim Boeheim want a slander suit moved from New York City to Onondaga County, but the plaintiffs contend an Orange-crazed community is too biased to decide the case related to the Bernie Fine child molestation allegations.

The lawyers filed a motion for a change of venue last week with state Supreme Court Justice Brian DeJoseph in Onondaga County, arguing stepbrothers Bobby Davis and Mike Lang improperly filed their lawsuit in New York City in December.
 ::snipping2::
The suit should be moved to Syracuse because all the parties are in Onondaga County, lawyers for Boeheim and SU argued in court papers filed last week.

But Mariann Meier Wang, a lawyer for Davis and Lang, countered that an impartial trial would be impossible in Syracuse. She cited “a huge and avid fan following” that routinely fills the Carrier Dome, SU’s 5,900 jobs and 20,000 students and the university’s “incredibly important presence” in Syracuse. It would be difficult to select an unbiased jury from that population, she wrote.
“In short, the power and influence of Boeheim and Syracuse University in the local community is profound,” Wang wrote.

Wang also cited Davis’ failed attempts a decade ago to get law enforcement, SU, The Post-Standard and ESPN to act on his allegations against Fine.

“Mr. Davis was repeatedly told, from a variety of sources, that because Fine was part of the Syracuse University basketball program, and because the program and the institution itself are so powerful locally, he should forget about what happened to him,” Wang wrote. Every time he tried, she wrote, “it was pushed under the rug.”
 ::snipping2::

http://www.nydailynews.com/news/fired-syracuse-coach-wife-slept-players-court-papers-article-1.1014415?localLinksEnabled=false
Fired Syracuse coach’s wife slept with players, court papers say
Bernie Fine's spouse bragged about players' 'specific size and physical attributes'
By Barbara Ross AND Michael O’keeffe / NEW YORK DAILY NEWS
January 30, 2012

http://abcnews.go.com/US/syracuse-coach-bernie-fines-wife-laurie-fine-accused/story?id=15482887
Ex-Syracuse Coach Bernie Fine's Wife Accused of Sexual Relationships with Players
By CHRISTINA NG (@ChristinaNg27)
January 31, 2012

The wife of former Syracuse University assistant men's basketball coach Bernie Fine has been accused of having sexual relationships with basketball team players by two of the men that accused Fine of sexually molesting them when they were ball boys.

The affidavit was filed on Monday in New York State Supreme Court by attorney Gloria Allred, on behalf of her clients Robert Davis and his step-brother Michael Lang.

"For years, Bernie Fine's wife, Laurie Fine, had sexual relationships with basketball team players," Davis said in the affidavit. "Laurie Fine and another coach's wife used to also speak openly about their sexual relationship with two of the players and what each of them liked to do in bed."

The affidavit is part of a slander lawsuit against head coach Jim Boeheim. Davis and Lang allege that Boeheim knew about the improper behavior and did not take action to stop it.
 ::snipping2::

http://www.syracuse.com/news/index.ssf/2012/01/lawyer_for_bernie_fines_accuse/978/comments-2.html
Lawyer for Bernie Fine's accusers pressures Syracuse University to settle lawsuit by alleging Fine's wife had sex with players
By John O'Brien / The Post-Standard |
February 1, 2012

 ::snipping2::
In the document, one of Allred’s clients, former SU ball boy Bobby Davis, alleged Fine’s wife Laurie had sex with three unnamed SU basketball players between 1993 and 1997.

The explanation for publicly filing the affidavit: Allred said she needs to know whether any of those players lives in New York City so she can argue against SU’s request to move the lawsuit to Onondaga County.
 ::snipping2::
Legal experts questioned Tuesday whether that argument was a front for Allred’s real purpose in filing the sensational affidavit: putting SU on notice that she means business. “The goal is to give her the strongest negotiating position possible,” said Laurie Levenson, a professor at Loyola Law School in California, who was speaking in general about Allred’s strategies, not about the Davis affidavit.

“If I were on the other side, I’d be worried that if I don’t settle, what more’s coming out,” Levenson said. “She gets your attention. She’s not particularly concerned about the other side’s sensitivities.”
 ::snipping2::
Legal experts said the new accusations against Laurie Fine appear to have a tenuous relationship to the slander lawsuit.

The affidavit appears to have been filed primarily for the purpose of generating publicity, said Laurie Shanks, a professor at Albany Law School. “Even assuming that the information about Mrs. Fine is accurate ..., the conclusion drawn is pure speculation,” Shanks said. “Unfortunately, while this type of information can form the basis for an explosive press conference, it is unlikely to be permitted as evidence in the pending lawsuit.”

Lawyers who’ve opposed Allred said the filing fits her modus operandi: get big publicity early on to pressure the other side into a settlement. “The more adverse publicity she can generate, the more she may feel that gives her leverage down the road,” said L. Lin Wood, an Atlanta lawyer who represented former Republican presidential candidate Herman Cain. Allred represented a woman who claimed Cain made sexual advances on her.


 ::snipping2::


NCAA rules

Davis’ affidavit says Laurie Fine lent players her car, gave them gifts of jewelry and money, and did their laundry. If those allegations are true, they could be NCAA violations.

The NCAA has strict rules about coaches, university staff, boosters and supporters giving student athletes gifts, or providing them services, transportation or special treatment beyond what is available to all students.
 ::snipping2::

http://www.syracuse.com/news/index.ssf/2012/02/hacked_syracuse_police_website.html
Hacked Syracuse police website remains shut while investigation continues
By Robert A. Baker / The Post-Standard
February 3, 2012

Syracuse, NY -- The Syracuse police website remains offline as the FBI and New York State Police computer crimes unit investigate an attack on the website by hackers affiliated with the group "Anonymous," a Syracuse police spokesman said.

Police websites in Syracuse, Salt Lake City and Texas were broken into, police announced Thursday. Syracuse police took their website, syracusepolice.org, offline while the investigation continues, Sgt. Tom Connellan said today.
 ::snipping2::
Syracuse police department names and apparent passwords appeared on websites Wednesday to where hackers post information and code. The hackers cited the Syracuse police knowlege of the Bernie Fine case and the case of former Auburn police Officer Brian Hutchings, a convicted felon suing the city of Auburn for back pay and pension.

Connellan said the police website would return online following the investigation into the hacking.

http://online.wsj.com/article/AP65b978fe62dd461f94186452cac310ef.html
Syracuse PD site hacked, Anonymous claims attack
February 3, 2012

SYRACUSE, N.Y. — Syracuse police say the department's website has been hacked in an attack claimed by the online collective Anonymous, one of a number this week targeting police.

Sgt. Tom Connellan, the department spokesman, says names and passwords of people authorized to alter the site were lifted Wednesday and posted on Twitter.
 ::snipping2::
It remains shut down Friday while the FBI and state police investigate. An online posting attributed to Anonymous says it hit the department in part because of what is says was a failure to aggressively pursue child abuse allegations against formed Syracuse University assistant basketball coach Bernie Fine.
 ::snipping2::

http://www.syracuse.com/news/index.ssf/2012/02/court_shopping_in_the_boeheim.html
Court location is first critical step in Bernie Fine-related lawsuit filed against Syracuse University, Jim Boeheim
By John O'Brien / The Post-Standard
February 3, 2012

 ::snipping2::
"Venue is a very, very big deal," said David Horowitz, a New York City personal injury lawyer and a member of the state Bar Association's committee on Civil Practice Laws and Rules. "Picking the best possible venue is a very critical litigation skill."
 ::snipping2::

http://www.syracuse.com/news/index.ssf/2012/02/su_faculty_wants_to_review_int.html
SU faculty wants to review internal investigations after 2005 Bernie Fine probe
By Douglass Dowty / The Post-Standard
Published February 9, 2012, Updated February 10, 2012

Syracuse, NY -- The Syracuse University faculty wants more information about the school’s handling of internal investigations after a controversial 2005 probe into child sex abuse allegations against Bernie Fine.

The University Senate will form a committee to independently study the administration’s “policies and practices,” according to two faculty who pushed for the committee’s formation.

It’s the difference between “what’s on paper and what they do,” said Pat Cihon, an associate professor in the Whitman School of Management.

The faculty acted amid concerns about the 2005 probe by the university’s own law firm of Bond, Schoeneck & King. SU’s Board of Trustees has also hired a New York City law firm to review that probe.
 ::snipping2::
But the committee, which hasn’t met yet, won’t just focus on the case against the former associate men’s basketball coach. It will look at how SU handles any case of alleged employee misconduct.

“I think the larger community has a larger question,” Dudczak said. “Presumably, they’ll look at other investigations the university has done.”

Dudczak acknowledged the committee will be largely symbolic without university cooperation. It won’t have subpoena power to look at specific cases. Its recommendations won’t be binding. And it can’t look at investigations it doesn’t know exist.

Noting that SU doesn’t like to “air dirty laundry,” Dudczak said the committee may have to use “moral suasion” to get information from administrators.

Chancellor Nancy Cantor has already told faculty it won’t get a copy of the 2005 report, which was only released to Syracuse police and the district attorney’s office.

But Kevin Quinn, SU’s vice president for public affairs, said the administration is willing to work with the faculty committee, which will not include an administration official.

The faculty ad hoc committee, approved at the January Senate meeting, will not include any faculty with administrative appointments. It is scheduled to meet during the spring semester and issue recommendations no later than December.

The committee will look at whether “policies and procedures” ensure: a full and fair investigation, sufficient notification to police or government agencies, timely notification to university governance bodies and due process for employees under investigation.
 ::snipping2::

http://www.foxnews.com/sports/2012/02/10/hearing-set-in-slander-suit-v-syracuses-boeheim/
Judge: Laurie Fine's past not relevant in SU suit
Follow Jennifer Peltz at http://twitter.com/jennpeltz
February 10, 2012

NEW YORK –  Salacious claims about the wife of an assistant Syracuse University basketball coach who was fired after claims that he molested boys have no bearing in a slander lawsuit two of the men brought against the team's head coach, Jim Boeheim, a judge ruled Friday.

The hearing in Manhattan was about whether two former ball boys who accuse Boeheim of defamation could get names and addresses of former players on the team, among other information. The two men say some players may have had sex with Laurie Fine, the wife of fired assistant coach Bernie Fine. The request was part of a broader clash over the university's and Boeheim's request to move the case to Syracuse.

The men, Bobby Davis and Michael Lang, argued some of those players may live in New York City, bolstering their argument that the slander case should be tried there instead of moving it to Onondaga County, where Syracuse University is located.

Manhattan state Supreme Court Justice Anil C. Singh denied the request, saying it "appears to be based on pure speculation" that some witnesses may live in Manhattan, so the men "do not have a good faith basis" to ask for the information as part of their argument to keep the case in the city.
 ::snipping2::

http://centralny.ynn.com/content/top_stories/573876/lawyers-for-davis--lang-claim-clients-wouldn-t-get-impartial-trial-in-onondaga-county/
Lawyers for Davis, Lang claim clients wouldn’t get impartial trial in Onondaga County
By: Erin Clarke
February 15, 2012

Video at Link

http://centralny.ynn.com/content/top_stories/573999/lt--governor-stays-clear-of-local-feud/
Lt. Governor stays clear of local feud
February 16, 2012


SYRACUSE, N.Y. -- Lieutenant Governor Robert Duffy, a former police chief, is steering clear of a Syracuse dispute between the county's District Attorney and the city's police chief. There has been an ongoing dispute between William Fitzpatrick and Frank Fowler dating back to the initial investigation of abuse charges against former SU associate coach Bernie Fine.
 ::snipping2::
The feud took center stage again this week as it was revealed the DA's office has launched an investigation of a property damage accident involving the police chief's son.
Video at Link

http://centralny.ynn.com/content/top_stories/573635/new-questions-in-fine-case/
New questions in Fine case
By: Bill Carey
February 13, 2012

A U.S. Attorney's probe continues into the case of Bernie Fine. The former associate basketball coach at Syracuse University is under investigation for alleged sexual abuse. The case sparked tensions between the Onondaga County DA and Syracuse Police. And now those tensions may be on the increase. YNN's Bill Carey said police believe DA Fitzpatrick, despite his denials, may have been aware of the allegations against Fine as long as 10 years ago.
 ::snipping2::
Video at Link

http://www.dailyorange.com/news/fine-allegations-davis-lang-fight-to-keep-defamation-lawsuit-in-nyc-1.2783378
Fine allegations | Davis, Lang fight to keep defamation lawsuit in NYC
By By Marwa Eltagouri Asst. News Editor
Published February 15, 2012, Updated February 16, 2012

http://www.nydailynews.com/sports/college/syracuse-basketball-coach-jim-boeheim-influence-home-county-court-papers-move-bernie-fine-case-article-1.1023568
Syracuse basketball coach Jim Boeheim has too much influence in home county, say court papers trying to move Bernie Fine case
Argument over if case should be heard in Manhattan or Onondaga County
By Barbara Ross / NEW YORK DAILY NEWS
February 16, 2012

Syracuse University and its head basketball coach are too powerful and revered in Onondaga County for a local jury to be unbiased when considering a sex scandal hanging over the school's star studded basketball team.

That's the thrust of legal papers filed Wednesday in Onondaga County where lawyers for the university, coach Jim Boeheim and the chief accusers are battling over whether the case should be litigated there or in Manhattan.
More...

http://www.syracuse.com/news/index.ssf/2012/02/slander_suit_against_syracuse.html
Syracuse or NYC? Judge will hear arguments on where suit against Syracuse University coach Jim Boeheim should be decided
By Mike McAndrew / The Post-Standard
February 20, 2012

Syracuse, N.Y. -- Lawyers for Syracuse University and head basketball coach Jim Boeheim will try to persuade a state Supreme Court justice Tuesday to move a slander suit filed by two of Bernie Fine’s accusers from New York City to Syracuse.

Attorneys for former SU ball boys Bobby Davis and Mike Lang will contend at the 10 a.m. hearing at the Onondaga County Courthouse that an impartial jury cannot be found in Syracuse because SU basketball is so popular here and the university is a big employer.

State Supreme Court Justice Brian DeJoseph could rule on the issue Tuesday or reserve his decision.
 ::snipping2::

http://www.palmbeachpost.com/news/state/florida-house-committee-passes-bill-to-punish-schools-2194966.html
Florida House committee passes bill to punish schools that fail to report molestation
By Dara Kam
Palm Beach Post Staff Writer
February 23, 2012

A House panel unanimously approved a measure that would punish universities, colleges and schools for failing to report child molestation with a $1 million fine per incident and heightened penalties for child molesters.

Child sexual abuse scandals at Penn State University, Syracuse University and the Citadel prompted Rep. Chris Dorworth to sponsor the measure at the request of influential lobbyist Ron Book, whose daughter Lauren is a child abuse survivor.

The scandals at the universities outside Florida exposed loopholes in state law, Book said, about required reporting of suspected sexual abuse on minors.

Current law only requires people to report suspected child sexual abuse if the perpetrator is believed to be a caretaker of the child. The bill (HB 1355) would change that, and also require that the Department of Children and Families child abuse hotline handle reports of any kind. Currently hotline operators accept all calls but refer some callers to law enforcement agencies.

"What you find is that universities, especially ones that have popular athletic programs, people try to protect those institutions. And when they do that, they make a decision that the institution is more important than the child," Dorworth, R-Lake Mary.
More...

http://articles.boston.com/2012-02-22/sports/31087906_1_claims-jim-boeheim-ruling
NY judge: Boeheim slander suit moving to Syracuse
February 22, 2012

The defamation lawsuit filed by two former ball boys against Syracuse University and head basketball coach Jim Boeheim will be heard in Syracuse, a judge ruled Wednesday.

Bobby Davis and Michael Lang filed their suit in New York City, claiming Boeheim slandered them by saying they were out for money after their allegations of abuse by former assistant coach Bernie Fine surfaced in November. They fought a motion by the school and Boeheim to hear the case in Syracuse, where they don’t believe they’ll get a fair hearing because of Boeheim’s high standing in the community.

But Supreme Court Justice Brian DeJoseph said the two men did not provide sufficient proof that Syracuse jurors would be biased. He said while there may be local residents unqualified to serve on a jury for this case, there are about 350,000 people in the county to choose from.
More...

http://online.wsj.com/article/AP1e5c0deec62645d2b3dbc03234d574af.html
SU accusers headline push for new sex abuse laws
February 28, 2012

 ::snipping2::
Bobby Davis and Michael Lang are scheduled to be a press conference Tuesday afternoon at the state capitol to push a bill that extends the statute of limitations and opens a one-year grace period for sex abuse accusations that would previously have been barred by current law.
 ::snipping2::

http://www.syracuse.com/news/index.ssf/2012/02/judge_signs_order_to_dismiss_z.html
Judge signs order to dismiss Zach Tomaselli's order of protection from Bernie Fine
By Emily Kulkus / The Post-Standard
February 29, 2012

A judge in Maine dismissed today an order of protection against former Syracuse University basketball coach Bernie Fine at the request of one of Fine’s accusers, Zach Tomaselli.

Tomaselli obtained a temporary order of protection from Fine on Feb. 6, claiming the former coach was harassing him by phone.

Federal agents are investigating Tomaselli’s allegation that Fine molested him in 2002 in a Pittsburgh hotel room when Tomaselli was 13.

The dismissal, dated Wednesday, says the order of protection is dismissed with prejudice, meaning Tomaselli cannot bring the issue back to court, according to a Lewiston District Court clerk.

The protection order was dropped before a judge held a hearing to review any evidence. A hearing had been scheduled for Tuesday to determine if the order should be made permanent.

Maine attorney Lenny Sharon, who was representing Fine, said last week that his office was investigating Tomaselli’s claims that Fine was harassing him by phone over the abuse allegations.

Sharon said Tuesday that Fine denied Tomaselli’s claim that he had been harassing Tomaselli but “we assure Zach that he has nothing to worry about regarding any contact from Bernard Fine now or in the future.”
 ::snipping2::

http://www.syracuse.com/news/index.ssf/2012/03/rev_robert_hoatson_plans_to_pr.html
Rev. Robert Hoatson plans to protest Syracuse University at Big East Tournament in NYC
By Emily Kulkus / The Post-Standard
March 9, 2012

The founder of a support group for sex abuse victims plans to protest Syracuse University outside Madison Square Garden in New York City on Friday night during the Big East Tournament.

Rev. Robert Hoatson, founder of Road to Recovery, sent a press release Friday morning saying he and others plan to protest "the ongoing revelations of sexual and drug abuse that continue to unravel at Syracuse University and its athletic programs."

The protest is planned for 6 p.m. Friday outside Madison Square Garden in New York. Syracuse plays Cincinnati at 7 p.m.

Hoatson, of New Jersey, has been vocal in the ongoing Bernie Fine sex abuse scandal, repeatedly calling for the university to fire head coach Jim Boeheim. Friday's press release also refers to an ongoing NCAA investigation into a recent report that up to 10 former SU basketball players failed drug tests since 2001 but the university continued to allow them to play. The story was first reported by Yahoo Sports.
 ::snipping2::

http://www.syracuse.com/news/index.ssf/2012/03/experts_say_ncaa_likely_wont_i.html
Experts say NCAA likely won't investigate 1990s violations alleged by Bobby Davis
By Emily Kulkus / The Post-Standard
March 14, 2012

Three NCAA experts say violations involving Syracuse University’s basketball team alleged by one of Bernie Fine’s accusers are likely too minor and too old for the collegiate sports organization to investigate.

The NCAA and SU will not say if the NCAA is investigating Bobby Davis’ allegations that Laurie Fine, the wife of SU’s former longtime assistant coach, had sex with players, gave them gifts, lent them money and her car, and did a player’s laundry during the 1990s.

Whether the allegations are true or not, experts say, the NCAA rarely strays from its four-year statute of limitations.

“I can’t ever imagine someone looking back 20 years. It’s unthinkable to me,” said Gene Marsh, an attorney who worked for the NCAA from 1996 to 2003 and served on its infractions committee 1999 to 2008. Marsh said he was speaking generally about the NCAA.
 ::snipping2::
SU said last week that the NCAA is investigating incidents of former basketball players failing drug tests but continuing to play. The report by Yahoo Sports said up to 10 players since 2001 failed the tests. SU said the inquiry does not involve current players.

Marsh said he can remember the NCAA investigating beyond its four-year statute only when there’s a pattern of offenses that continues.

“They may have reached back five years or six if they had a booster who gave money consistently,” Marsh said, “but never in any circumstance where they went back any further than that.”

Davis’ affidavit includes three dates in which he says improprieties that could be NCAA violations occurred: 1993, 1996 and 1997. That would make the alleged violations 19, 16 and 15 years old — ancient by NCAA standards, according to Marsh and others.

David Ridpath is one of the country’s best-known NCAA watchdogs. Now a professor at Ohio University, Ridpath won a judgment in 2009 from Marshall University claiming he was unfairly fired as compliance director during an NCAA investigation into the football program.

“I read the (Davis) affidavit and I don’t think there is an NCAA issue here,” Ridpath said. “Even with the NCAA wading into Penn State, I have my doubts they would go here even if it was within the statute of limitations.”
The NCAA told Penn State in early November it was monitoring the sexual abuse scandal there involving former football coach Jerry Sandusky. The NCAA issued a letter to Penn State on Nov. 17 — the same day ESPN first aired the sexual abuse allegations against Bernie Fine — asking if the university broke any rules in the scandal.
 ::snipping2::

http://www.syracuse.com/news/index.ssf/2012/03/boeheims_comments_about_fine_a.html
Boeheim's comments about Bernie Fine's accusers were constitutionally protected opinions, lawyers contend
By John O'Brien / The Post-Standard
March 13, 2012

Syracuse, NY -- Syracuse University basketball coach Jim Boeheim was using hyperbole, sarcasm and rhetoric last year when he said two of Bernie Fine’s accusers were lying, according to court papers filed today in Onondaga County by lawyers for Boeheim and SU.

Courts have held that such expressions of opinion are protected by the state and federal constitutions and should not be the subject of a defamation lawsuit, the papers said.

Lawyers for Boeheim and SU are scheduled to appear in court April 27 before state Supreme Court Justice Brian DeJoseph to make their case that the lawsuit filed by former SU ball boys Bobby Davis and Mike Lang should be dismissed.
 ::snipping2::
Davis, 40, and Lang, 45, sued Boeheim for slander in December over his public comments that their allegations against Fine were lies and that they were only out to make money. Davis and Lang accused Fine, Boeheim’s longtime assistant coach, of molesting them more than 20 years ago.

Ten days after making those comments, Boeheim apologized.

“The reasonable reader encountering Boeheim’s initial statements, which were replete with rhetoric and hyperbole, could conclude only that he was expressing his opinion,” the court papers said. They were written by two lawyers for Boeheim – James Zeszutek of Pittsburgh and Timothy Murphy of Syracuse – and a lawyer for SU – Andrew Levine of New York City.

Davis’ and Lang’s lawyer, Gloria Allred of Los Angeles, declined to comment.

Fine, 66, has not been charged and has denied all wrongdoing. SU fired him in November.
More...

http://newyork.cbslocal.com/2012/03/28/amid-sexual-molestation-allegations-ex-cuse-assistant-fine-puts-house-on-market/
Amid Sexual Molestation Allegations, Ex-’Cuse Assistant Fine Puts House On Market
March 28, 2012


http://centralny.ynn.com/content/top_stories/578562/bernie-fine-s-house-for-sale/
Bernie Fine's house for sale
March 28, 2012

ONONDAGA COUNTY, N.Y. -- Bernie Fine's house in DeWitt is now for sale, with an asking price of more than $549,000. Fine, the former assistant SU men's basketball coach, bought the home for $285,000 in 2001.
 ::snipping2::
Video at Link

http://www.wmtw.com/news/maine/central/Bernie-Fine-accuser-to-be-sentenced-in-Maine/-/8791976/10365880/-/dmf0pfz/-/
Bernie Fine accuser to be sentenced in Maine
Zach Tomaselli pleaded guilty to sex abuse
April 9, 2012

 ::snipping2::
In December, Zach Tomaselli pleaded guilty to sexually abusing a boy. He is scheduled to be sentenced on Wednesday.

Tomaselli is the man who accused former Syracuse basketball coach Bernie Fine of molesting him in 2002.

Tomaselli has agreed to drop his request for an order of protection against Fine.
 ::snipping2::

Should we believe a proven liar?  Zach Tomaselli's lies gum it up for the victims of abuse. JMHO   ::MonkeyNoNo::


http://msn.foxsports.com/collegebasketball/story/bernie-fine-accuser-zach-tomaselli-claims-he-was-told-to-lie-about-sexual-abuse-041312
Bernie Fine accuser: I was told to lie
April 13, 2012

http://www.watertowndailytimes.com/article/20120413/SPORTS03/704139935/-1/sports
Lawyers: Don’t dismiss Boeheim abuse comments suit
April 13, 2012

SYRACUSE — Syracuse University head basketball coach Jim Boeheim not only defamed two former ball boys but he also helped intimidate other people from coming forward when he called the men opportunistic liars for accusing an assistant coach of child sexual abuse, according to the men’s lawyers.

They made the arguments in court papers filed Wednesday opposing motions by Boeheim and the university to dismiss a lawsuit filed by Bobby Davis and Michael Lang after Boeheim contested their claims they were abused by former assistant coach Bernie Fine.

The defendants have argued Boeheim was expressing constitutionally protected opinions laced with “rhetoric and hyperbole.”

But the men’s lawyers said in the court papers that he made demonstrably false statements to discredit their clients when he spoke to a number of media outlets after the allegations against Fine were made public in November.
 ::snipping2::
Boeheim backed Fine by saying Davis was looking to cash in on the publicity surrounding the Penn State sex abuse scandal. He later apologized amid criticism from victims’ rights advocates.

His lawyers also noted the coach’s “well-known reputation for bluntly expressing himself” and said opinions “no matter how offensive, cannot be the subject of an action for defamation.”

Davis and Lang’s lawyers counter that “branding someone a liar in the specific way Boeheim did here is defamatory and not privileged in any way.” They argue that the men “have every right to vindicate their reputation by proving Boeheim’s statements false.”

The motion to dismiss the lawsuit is set to be argued April 27. Fine has denied wrongdoing and hasn’t been charged.

http://www.9wsyr.com/news/local/story/Admitted-liar-in-Fine-case-hasn-t-deterred/c6EX-Zi3b0OZ1FyvD90LvA.cspx
Admitted liar in Fine case hasn’t deterred victims’ advocates
April 17, 2012

Syracuse (WSYR-TV) - Child sex-abuse victims’ advocates are encouraging more to come forward even after one of Bernie Fine’s accusers has admitted that he made up his story of abuse by the former coach.

Zach Tomaselli has admitted that he lied about Fine abusing him in a Pittsburgh hotel the night before a Syracuse University men’s basketball game. And although he wasn’t the only reason, the third accuser helped prompt attention to the issue and a Federal investigation.

"I think if there was a silver lining in all of this attention it's that there is a conversation in our community and across the country in regards to child sexual abuse,” said Julie Cecile of the McMahon Ryan Child Advocacy Center.
 ::snipping2::
Cecile says Tomaselli’s admission shouldn’t stop people from trusting a victim’s story of abuse. She says national statistics show that only one to two percent falsely report sex abuse.
 ::snipping2::
Video at Link

 :smt102
http://espn.go.com/mens-college-basketball/story/_/id/7829962/bernie-fine-fine-accuser-zach-tomaselli-again-changes-tune-claims-sexual-abuse-child
Zach Tomaselli claims sexual abuse
Tomaselli Changes Story Again
April 19, 2012

Zach Tomaselli, just five days after saying he had been lying the past few months about his claims that former Syracuse assistant coach Bernie Fine sexually abused him as a child, said Wednesday he was indeed abused by Fine.

Tomaselli released a statement on Wednesday in direct contradiction to his previous comments to Syracuse local media last Friday.

"Yes, my credibility with the media is shot but I am not going to give up now," Tomaselli said in a statement. "Bernie molested me. PERIOD."

Tomaselli said he was upset at what he called negative coverage by the media.

Tomaselli, who pleaded guilty to molesting a boy when the victim was 13 and 14 years old, was sentenced to three years and three months and reported to prison Wednesday.
 ::snipping2::
Video at Link

http://abcnews.go.com/Sports/wireStory/bernie-fine-lands-consulting-job-israeli-team-16220287
Bernie Fine Lands Consulting Job With Israeli Team
April 26, 2012

Former Syracuse assistant basketball coach Bernie Fine has a new job.

The 66-year-old Fine has been hired as a consultant by the Maccabi "Bazan" Haifa franchise of the Israeli Basketball Super League. The team made the announcement Thursday.

Fine will be based in the U.S. and will consult on player personnel decisions and help in the search for a new coach.
 ::snipping2::

http://espn.go.com/mens-college-basketball/story/_/id/7863491/judge-weighs-dismissing-jim-boeheim-defamation-suit
Judge to decide on Jim Boeheim suit
April 27, 2012

SYRACUSE, N.Y. -- A judge hearing arguments on a motion to dismiss a defamation lawsuit against Syracuse University and men's basketball coach Jim Boeheim said Friday that he expects to announce a decision in two weeks.

Former team ballboys Bobby Davis and Mike Lang claim that Boeheim slandered them when he said they were out for money by accusing assistant coach Bernie Fine of sexually abusing them more than 20 years ago. When the allegations surfaced in November, Boeheim vehemently supported Fine, a friend for more than 40 years. He told ESPN that Davis was telling "a bunch of a thousand lies" and called him an opportunist looking to cash in on the publicity surrounding the Penn State sex abuse scandal.

Lawyers for the coach and university say Davis and Lang are distorting Boeheim's statements by taking them out of context. They argue the comments were not statements of fact but were opinion tinged with hyperbole, sarcasm and rhetoric, and therefore protected under law.
More...

http://www.9wsyr.com/news/local/story/Defamation-hearing-against-Boeheim-SU-to-be-held/ep3Ai1nIkUKstiqMnCuLWw.cspx
Defamation hearing against Boeheim, SU to be held Friday
April 26, 2012

Syracuse (WSYR-TV) -- Lawyers for Jim Boeheim and Syracuse University (SU) will ask a State Supreme Court judge to dismiss a lawsuit against them on Friday.
 ::snipping2::
The hearing starts at 2 p.m. We’ll have complete coverage of the hearing beginning at 5 p.m. on NewsChannel 9, as well as right here on 9WSYR.com.
 ::snipping2::

Judge tosses defamation suit v. Syracuse, Boeheim

A judge on Friday threw out a defamation lawsuit brought against Syracuse University and men's basketball coach Jim Boeheim by two men who said the Hall of Fame coach slandered them when he said their accusations of sexual abuse against former associate head coach Bernie Fine were driven by greed.

Two former team ball boys, Bobby Davis and Michael Lang, accused Fine of sexually abusing them more than 20 years ago.

When the allegations surfaced in November, Boeheim vehemently supported Fine, a friend for more than 40 years and his assistant for 35-plus seasons. Boeheim told ESPN that Davis was telling "a bunch of a thousand lies" and called him an opportunist looking to cash in on the publicity surrounding the Penn State sex-abuse scandal.

Supreme Court Justice Brian DeJoseph, a graduate of Syracuse University and its law school, ruled Friday that Boeheim's comments were not statements of fact but were opinions that are protected from defamation suits.

"The content, tone and purpose of Boeheim's statements would clearly signal to the reasonable reader that what was being said in the articles published in the days after the initial ESPN report were likely to be an opinion — a biased, passionate, and defensive point of view of a basketball coach — rather than objective fact," DeJoseph wrote in his 30-page decision. "It is clear to this court that Boeheim provided a factual basis for his opinion. He provided a ... reasonably accurate version of those facts."

Davis, 40, and Lang, 45, hired high-profile attorney Gloria Allred and filed the lawsuit in late December. Late Friday, Allred vowed to appeal the ruling

"When Bobby Davis came forward years ago and complained about sexual abuse he was ignored," Allred said in an email statement. "When the allegations were made public he was attacked. It is difficult enough for victims of childhood sexual abuse to come forward. This decision sends the message that you can attack the alleged victim and call him a liar with impunity. It makes it even harder for victims to come forward."  ::snipping2:: 

http://news.yahoo.com/judge-tosses-defamation-suit-v-syracuse-boeheim-193818395--spt.html

http://deadspin.com/5910174/bernie-fines-wife-is-making-a-major-announcement-on-wednesday-in-a-castle-outside-syracuse
Bernie Fine’s Wife Is Making A "Major Announcement" On Wednesday In A Castle Outside Syracuse
May 14, 2012

Pictured is Belhurst Castle in Geneva, N.Y. Not a terribly inviting place. Nonetheless—or perhaps therefore—Laurie Fine, wife of accused molester (and former Syracuse assistant basketball coach) Bernie Fine, will speak there on Wednesday.
 ::snipping2::
(Full press release at link)

http://www.cnycentral.com/news/story.aspx?list=~\news\lists\entertainment&id=753905   
Belhurst Castle does not know why Laurie Fine picked them
by Matt Mulcahy
May 15, 2012

(http://i1050.photobucket.com/albums/s416/mebizzybee/LaurieFine.jpg)
Laurie Fine  / photo: Rick Policastro
The Finger Lakes resort hosting a news conference for Bernie Fine's wife was not aware of who she was when she booked the space.


GENEVA, NY -- The management at Belhurst Castle had no idea who Laurie Fine was or why she was booking their space when she scheduled a news conference for Wednesday morning.

"When Belhurst Castle agreed to the press conference, we were not aware of the ins and outs of the press conference or who this person was,"  said Kelly Towers Belhurst Castle Dining and Lodging manager. "Now we're a little reluctant - but, we're going to let it fly."
 ::snipping2::
Speculation is running on why Fine selected Belhurst Castle.  Her attorney, Lawrence Fisher, announced the relevance of the location will be apparent when he sends out a statement Wednesday morning.

There has been talk among Syracuse University insiders that Laurie Fine is interested in writing a book.   She has been a central figure in the controversy that led to the dismissal of her husband Bernie Fine.  The release of the audiotape of her conversation with Bobby Davis was the key element that led to Syracuse University Chancellor Nancy Cantor firing her husband.
 ::snipping2::

http://www.cnycentral.com/news/story.aspx?id=753673
Laurie Fine to speak out on 'scandalous lies' in Bernie Fine scandal
by Kristy Smorol
May 14, 2012

 ::snipping2::
Bernie's wife, Laurie, is planning to speak out on Wednesday about what her lawyer calls "scandalous lies." A news conference is scheduled for 11am Wednesday at Belhurst Castle in Geneva.

CNYCentral's Michael Benny spoke with Laurie Fine's attorney Lawrence H. Fisher, who is an attorney from Pittsburgh, PA. Fisher told Benny, "Laurie Fine may be joined by some of her friends and family members when she makes a public statement Wednesday." Fisher's legal biography indicates he is a litigation strategist, with a range of experience in civil rights matters, commercial litigation, entertainment law and other complex disputes.
 ::snipping2::
Michael Benny asked Fisher if Laurie Fine will be filing a lawsuit on Wednesday. Fisher said, "I leave it for you to deduce why she hired an attorney?" Fisher was vague when asked about the location for Wednesday's announcement, saying it will be made clear when Laurie Fine breaks her silence.

Benny pointed out to Fisher that Belhurst Castle is considered by many to be haunted. Fisher responded, "How appropriate given the nature of this case." As for when Fine hired Fisher, and why she chose an out of state attorney, Fisher would only say that he was retained by Fine "a few months ago."

Laurie Fine was thrust into the center of the scandal after ESPN released a taped phone conversation between her and Bobby Davis, who accused Bernie Fine of sexual abuse. In the tape, Laurie seems to acknowledge the abuse, and says "Bernie has issues." The day that tape came out, Bernie Fine was fired from his job as associate head basketball coach at Syracuse University.

Bernie Fine has denied any wrongdoing, and no charges have been filed against him. The federal investigation continues.
 ::snipping2::

http://www.youtube.com/watch?v=EpJn_vVebso
Laurie Fine recorded phone conversation
Uploaded by CNYCentralNews on Nov 27, 2011

A review of the tape recordings from ESPN of Bobby Davis talking to Laurie Fine on the phone from 2002


http://www.youtube.com/watch?v=dpCz6P8HLBo
Joel Kaplan on Laurie Fine tape
Uploaded by CNYCentralNews on Dec 2, 2011

Communications Law professor, Joel Kaplan, at the SI Newhouse School of Public Communications discusses the Syracuse University's 2005 investigation into accusations that Bernie Fine sexually abused three boys.

http://www.9wsyr.com/news/local/story/Venue-hosting-Laurie-Fine-news-conference-says-it/jgnKIfaK2025nY16nCWJ4g.cspx
Venue hosting Laurie Fine news conference says it’s neutral
May 15, 2012


Geneva (WSYR-TV) – The manager at a dining and lodging facility that will host a press conference with Laurie Fine on Wednesday says that it holds no position on the wife of former Syracuse University basketball assistant Bernie Fine.

On Monday, Laurie Fine’s attorney – Laurence Fisher – issued a release saying that his client would make an announcement at Belhurst Castle in the Finger Lakes community of Geneva on Wednesday morning.

You can see the news conference live on our Digital Channel 9.2. We'll also be streaming the conference live on 9WSYR.com/Live.
 ::snipping2::
Video at Link

http://www.syracuse.com/news/index.ssf/2012/05/laurie_fine_to_sue_espn_for_li.html?utm_source=dlvr.it&utm_medium=twitter
Laurie Fine to sue ESPN for libel, says the network "spitefully destroyed" her reputation
By John O'Brien / The Post-Standard
May 16, 2012

Geneva, N.Y. -- Laurie Fine will announce this morning that she's filing a federal libel lawsuit against ESPN over its reporting of child-molesting accusations against her husband, fired assistant Syracuse University basketball coach Bernie Fine.

Fine's lawyers provided the 44-page lawsuit to The Post-Standard this morning, in advance of her news conference at Belhurst Castle, a swanky hotel in Geneva, 50 miles west of Syracuse.

The lawsuit accuses ESPN, reporter Mark Schwarz and producer Arty Berko, of irresponsibly reporting the allegations against Bernie Fine and taking Laurie Fine's words out of context to cast her in a false light.

The lawsuit says ESPN, Schwarz and Berko "spitefully destroyed Laurie Fine's reputation in an attempt to capitalize financially in the wake of the Penn State sex abuse scandal."

The defendants published false and defamatory information about Laurie Fine, including that she created "a space in which children could be sexually molested in secret," and that she witnessed her husband molesting children but did nothing to stop him, the lawsuit said.

Laurie Fine "has been forced to sell her family home...to escape the predictable aftermath of the defendants' continued malicious publication of certain false and defamatory statements," the lawsuit said. It said, Bernie Fine "has already moved to another state to escape the same."
 ::snipping2::
Laurie Fine's lawsuit claims ESPN took her comments in a tape-recorded phone conversation with Davis out of context to cast her in a false light. Davis secretly recorded the phone call in October 2002. On the recording, Laurie Fine didn't deny Davis' allegations that Bernie Fine molested him. In the recording, Laurie Fine says her husband needed help and that he thought he was above the law.

ESPN used excerpts from the phone conversation to imply that she was having sex with Davis - which Laurie Fine denied in the suit - and that she did nothing to stop her husband, the lawsuit said.
 ::snipping2::
SU fired Bernie Fine on Nov. 27, the same day that ESPN and later The Post-Standard published excerpts from the call between Davis and Laurie Fine.

After that, Laurie Fine also was thrust into the national spotlight when Davis filed an affidavit in a slander suit against SU head coach Jim Boeheim. In the document, Davis claimed that in the 1990s Laurie Fine had sex with SU basketball players, gave them gifts, lent them money and her car, and did a player’s laundry.

Two of the four players whom Davis alleged had sex with Laurie Fine have told The Post-Standard it was not true. The others could not be reached.

Laurie Fine denied in her suit that she had sex with SU players.
 ::snipping2::
Laurie Fine's lawsuit also cites ESPN's involvement in connecting Davis to another Bernie Fine accuser, Zach Tomaselli. After the allegations by Davis and Lang became public, Tomaselli called ESPN and Schwarz put him in touch with Davis, the lawsuit said.
 ::snipping2::
Federal prosecutors, Syracuse police and the Secret Service are investigating the allegations against Bernie Fine, who has not been charged and has denied all wrongdoing.
Bernie Fine, 66, is not a plaintiff in the suit, which names only ESPN, Schwarz and Berko as defendants.

The lawsuit accuses the defendants of libel -- a claim that will require Laurie Fine to prove ESPN published false information about her. She will have to show the information was published with fault, the standard for which is different depending on whether she's considered a public figure, according to legal experts.

If she is found to not be a public figure, she would still have to demonstrate that ESPN published the information with "gross irresponsibility," the experts said. That would include a showing that ESPN made a gross departure from journalistic standards in publishing the information, the experts said.

If she's found to be a public figure, the standard of proof would be higher for her -- that ESPN published the information with malice and reckless disregard for whether it was true, experts said.

Copy of Laurie Fine VS ESPN Doc at link

http://www.9wsyr.com/content/news/breakingnews/lauruie-fine-espn-lawsuit/DaVPcvnRwkm-I6Pqx2Hydg.cspx
Laurie Fine to sue ESPN, reporter for libel
May 16, 2012


Geneva (WSYR-TV) - Attorneys representing Laurie Fine announced on Wednesday morning that their client - the wife of former Syracuse University men's basketball assistant coach Bernie Fine - will sue ESPN and ESPN reporter Mark Schwarz for libel.

An 11:00 a.m. news conference is scheduled with Laurie Fine and her attorneys at Belhurst Castle in Geneva. You can see the news conference live on our Digital Channel 9.2. We'll also be streaming the conference live on 9WSYR.com/Live.

The legal complaint says the following:

This Complaint for Libel arises from Defendant ESPN’s coverage of Robert Davis’ uncorroborated attack upon Plaintiff Laurie J. Fine. Through this coverage, ESPN, acting by and through its agents and employees, including Defendants Mark Schwarz and Arthur Berko, spitefully destroyed Laurie Fine’s reputation in an attempt to capitalize financially in the tragic wake of the Penn State Sex Abuse Scandal. Defendants have ruined Laurie Fine’s reputation by maliciously publishing false and defamatory factual accusations.
More...
At Link:
   Document: Laurie Fine's lawsuit (290.4KB)

Raw Video: Laurie Fine's attorneys discuss lawsuit
Live Video at 11am: Watch Laurie Fine's announcment

http://msn.foxsports.com/collegebasketball/story/Former-Syracuse-coach-Bernie-Fines-wife-sues-ESPN-alleging-libel-052112
Bernie Fine's wife sues ESPN
May 21, 2012

SYRACUSE, N.Y. (AP)

The wife of fired Syracuse University assistant basketball coach Bernie Fine filed a libel lawsuit Monday against ESPN, saying the network ruined her life by broadcasting salacious reports that she knew her husband abused boys and that she had sex with one of the boys.
n the 44-page lawsuit, Laurie Fine accuses ESPN of reporting the allegations against her husband in a bid to boost ratings as the Penn State sex-abuse scandal was unfolding. She notes the network had already done extensive reporting into claims made by ball boy Bobby Davis in 2003 and decided not to broadcast anything then because it couldn't find any evidence to back up his claims.

ESPN in November broke the story of two former Syracuse ball boys, Davis and his stepbrother, Michael Lang, who claimed they were molested by Bernie Fine decades ago. The lawsuit said the network had serious doubts about the story Davis was telling them but broadcast it anyway.

Key to the suit is a 47-minute audiotape of a phone conversation with Laurie Fine that Davis said he made in 2002 in which she says she ''knew everything'' that went on. Her lawyer, Pittsburgh-based Lawrence Fisher, said the recording was doctored, selectively edited, reported out of context and did not definitively contain Laurie Fine's voice.

In the lawsuit, which seeks unspecified damages, Fisher says the network knew from its earlier reporting that the tape was ''entirely speculative'' and ''unreliable'' but broadcast it anyway.
 ::snipping2::
Josh Krulewitz, a spokesman for ESPN, said the lawsuit is without merit and the network stands by its reporting.

Laurie Fine broke her six-month silence last week at a news conference to announce the suit.

''I'm here today as a wife and a mother who has had to endure the trauma of being smeared in the public as a monster,'' she said then. ''My life has been destroyed.''

She says she has been forced into seclusion, had to sell her house and has been the target of widespread ridicule as a result of the ESPN reports.

Bernie Fine has denied wrongdoing and hasn't been charged. Federal authorities opened an investigation into him following the allegations of a third man, 23-year-old Zach Tomaselli of Lewiston, Maine, who has since said he lied. The local prosecutor has called Davis and Lang credible but said the alleged crimes occurred too long ago to pursue.
 ::snipping2::

http://www.courthousenews.com/2012/05/24/46787.htm
ESPN Accused of Defaming Syracuse Coach
By KEVIN KOENINGER
May 24, 2012

 SYRACUSE, N.Y. (CN) - The wife of former Syracuse assistant basketball coach Bernie Fine claims in court that ESPN used a doctored phone call recording to build a sex abuse case against her husband.
     She says ESPN "spitefully destroyed (her) reputation in an attempt to capitalize financially in the tragic wake of the Penn State sex abuse scandal."
     Laurie Fine, the only plaintiff in the federal complaint, sued ESPN, a Disney subsidiary, and its reporters Mark Schwarz and Arthur Berko.
More...

http://www.cnycentral.com/news/blog_post.aspx?id=761977
Ex-con jumps onto Laurie Fine lawsuit: Matt's Memo
June 4, 2012

 ::snipping2::
One of the most litigious ex-convicts in America has asked the U.S. Federal Court in Syracuse for the right to intervene in the Laurie Fine lawsuit against ESPN. Jonathan Lee Riches has received extensive attention over the last eight years for filing suits, briefs and other legal action in some 5,000 cases. It took Federal Magistrate Judge David Peebles in Syracuse one day to dismiss the Motion to Intervene as Plaintiff in the Laurie Fine lawsuit.
 ::snipping2::

http://www.foxnews.com/sports/2012/06/11/report-05-syracuse-probe-found-no-abuse-evidence/
Report: '05 Syracuse probe found no abuse evidence
June 11, 2012

SYRACUSE, N.Y. –  A 2005 investigation ordered by Syracuse University into sex-abuse allegations against a former assistant men's basketball coach found no witnesses who believed the accuser's story.

The inquiry's final report, obtained by The Post-Standard of Syracuse, shows in detail how the school reacted to former ball boy Bobby Davis' accusations against then-assistant coach Bernie Fine. At no point does the report raise concerns about Fine's admitted longstanding, close relationship with a ball boy or Davis' proximity to the basketball team.

Fine, 66, was fired in November, during his 36th year on the staff, after the allegations became public. He has denied the accusations and has not been charged. A federal investigation is still under way.

Syracuse University Chancellor Nancy Cantor declined to comment Monday because the 2005 investigation is being reviewed and because of a lawsuit filed by Davis. The university said it would not release the document because it promised confidentiality to the participants.

Davis' lawyer criticized the university, saying officials had yet to clarify what they knew.
 ::snipping2::
According to the report, the university began its investigation after Chancellor Cantor received an anonymous email in September 2005 alleging an unidentified coach had molested young boys. In a later email to the university, Davis said Fine molested him starting in sixth or seventh grade and continued abusing him until he was 26, according to the report.

The case was referred to the university's human resources department and to Bond, Schoeneck & King, the university's longtime law firm, which investigated Davis' claims and wrote the report.

The report says Fine played for investigators a phone message Davis left in October 2004 in which Davis apologizes for something, although it's not clear for what.

The report describes Fine's wife, Laurie, as "the only purported witness to the alleged sexual conduct." She told the university that Davis is a "pathological liar" and that her husband did not abuse Davis.

The report also says "Laurie Fine indicated that she never discussed the issue of Bernie Fine's engaging in sexual misconduct with Robert Davis."

Davis also provided Syracuse University with the names of other men he suspected Fine molested.

Of the seven people the university interviewed, only one, Ludwig Vita, fell into that category. And Vita said Fine had never sexually molested him or touched him inappropriately.
 ::snipping2::
The university hired the New York City firm of Paul, Weiss, Rifkind, Wharton & Garrison in November to examine the 2005 report and make recommendations about what the university should do in future cases.

Richard Thompson, president of the university's board of trustees, said the school would release that report when it is completed and comment on it.

A judge last month threw out a defamation lawsuit that Davis and his stepbrother, Michael Lang, brought against Syracuse University and Boeheim.

Their lawyer, Gloria Allred, on Monday emailed a statement to The Associated Press saying the university had refused to share the 2005 report or to provide information about its current inquiry.

"We find it remarkable that the university still has failed to issue any statement regarding what it knew and did not know," Allred wrote.

http://www.dailyorange.com/news/fine-allegations-su-officials-keep-comments-about-2005-investigation-report-to-a-minimum-1.2878033
Fine allegations | SU officials keep comments about 2005 investigation report to a minimum
Expert says publication of report could have negative effects
June 18, 2012

Syracuse University officials continue to withhold comment after the publication of the university's 2005 investigation into child molestation allegations against Bernie Fine.

The 15-page report, which SU officials announced would not be released, was obtained by The Post-Standard and published on June 10. It was discovered that the length of the investigation was shorter than originally indicated and multiple names in the investigation were misspelled.

In December, Chancellor Nancy Cantor said the university would not release the document in efforts to protect the privacy of those involved, to not impede ongoing investigations by authorities and to allow an external review of the investigation by a New York City law firm to be carried out.

Kevin Quinn, senior vice president for public affairs, said in an email on behalf of Richard Thompson, chairman of the Board of Trustees, that he could not comment on the issue because a special committee of the board is currently reviewing the way in which the university investigated in 2005.
More...

http://www.huffingtonpost.com/len-berman/top-5-sports-stories_429_b_1633878.html
Top 5 Sports Stories
June 28, 2012

Happy Thursday everyone, here's my Top 5 for June 28, 2012 from Len Berman at www.ThatsSports.com.
 ::snipping2::
4. Bernie Fine

Top 5 subscriber N.A. wonders, "What ever happened in the Bernie Fine case? (Fine is the former assistant basketball coach at Syracuse who was accused of sexual abuse by two former ballboys and a third man.) Maybe your readers would appreciate an update on the heels of the Sandusky conviction." Excellent question. So far, no charges have been filed. One of the accusers has recanted his story. Bernie's wife says she was libeled by ESPN and is suing. Bernie himself has kept a low profile and was hired by an Israeli basketball team as a consultant. It's entirely possible that Jim Boeheim was right when he called the accusations "A bunch of a thousand lies." We'll never know for sure. The only certainty is that Fine's reputation was irreparably harmed.
 ::snipping2::

http://rochester.ynn.com/content/top_stories/590523/special-committee-releases-findings-in-su-s-bernie-fine-investigation/
Special committee releases findings in SU’s Bernie Fine investigation
By Erin Clarke
July 5, 2012

SYRACUSE, N.Y. — The special committee concluded that the university's response to Bobby Davis' allegations was imperfect, despite the fact that they found the response to be prompt, appropriate and undertaken in good faith without any effort to cover up something.

The committee, comprised of three members, says some of the judgments made could have been better and possibly resulted in a different outcome.

The members point to a handful of weakness in the initial investigation that they say are highlighted so that the university can improve its process of investigating similar situations by learning lessons from how the Bernie Fine matter was handled.

The first: The university should have contacted law enforcement, however, the committee says responsibility for not doing so lies with university attorneys for not counseling SU to do so.

Second: The university's lawyers did not alert the chancellor to allegations that emerged during the investigation about Laurie Fine having sex with basketball players. This is information that the lawyers found irrelevant to the molestation issue.

Third: There were general weaknesses in the initial investigation and report, including allowing Bernie Fine to edit his witness statement to eliminate a suggestive fact about him sharing a hotel room with Bobby Davis without that being noted in the subsequent report.

Fourth: The chancellor should have told the Board of Trustees about Davis' claims and the conclusion reached by the university's attorneys.

Fifth: By focusing narrowly on whether Davis' claims were substantial, the university missed the opportunity to consider broader issues raised, like a need to ensure that allegations of serious criminal conduct are reported upon.

There is much more in this report, including the names of 21 people interviewed by the special committee. You can read the full report below.

Bobby Davis’ lawyer, Gloria Allred, released a statement following the release of the report saying that her team will issue a response on Monday.
(See Report at Link- 55 pgs.)

Video at Link

http://www.syracuse.com/news/index.ssf/2012/07/cantor_new_rules_in_post-berni.html
Cantor: New rules in post-Bernie Fine era will protect minors at Syracuse University
July 5, 2012

Syracuse University Chancellor Nancy Cantor made public this letter addressing the report released today that faulted the quality of the school's 2005 investigation into molestation charges against former men's assistant basketball coach Bernie Fine.

Dear Students, Faculty, and Staff:

Late last year, a Special Committee of our Board of Trustees retained an independent law firm to investigate the University’s procedures in handling the allegations that surfaced in 2005 against former Associate Head Men’s Basketball Coach Bernie Fine. Earlier today, the Special Committee released its report.

The report concluded that upon receiving the allegations in 2005 we acted in good faith and professionally in responding to and investigating them. The report cites certain things, with the benefit of hindsight, that should have been done better or differently. I supported the Special Committee’s review at the outset and support its recommendations now so that we can respond most effectively in the event we ever again become aware of allegations of sexual abuse. The report can be found on the University’s website, www.syr.edu.
More...

http://www.cnycentral.com/news/story.aspx?list=~\news\lists\entertainment&id=773114
Trustees say Syracuse University should have told police about Bernie Fine allegations in 2005
by Daniel Scharfenberger
July 5, 2012

SYRACUSE -- A Syracuse University special committee reviewing the school's response to the Bernie Fine investigation has released its findings.

It looked at the University's actions after Bobby Davis came forward with allegations of sexual abuse in 2005.
The committee says the school and law-firm Bond, Schoeneck, and King, which investigated the claims, made mistakes by treating the allegations as a human resource problem instead of a criminal matter.

"The conduct alleged involved the repeated sexual exploitation of a child. Treating the matter solely as a human resources issue understated its seriousness and underestimated the risk to the University and to potential victims."

Committee members also say the police should have been contacted by Syracuse University and lawyers from Bond, Schoeneck and King.

The lawyers should have recognized that the University’s receipt of detailed and specific allegations of serious felony offenses committed by an employee merited reporting to the authorities irrespective of whatever Davis had done on his own.

In the 52-page report the committee also makes several recommendations for Syracuse University.

Among them, it recommends reviewing policies where adults and children interact at school related events.

It also recommends that SU review how it handles personnel matters that could also be considered criminal.

It recommends reviewing how it trains faculty and staff in these types of problems.

The final line of the report says "Perhaps one lesson to be taken from these events is that there are times when collaboration and communication are also necessary."
More...

Report at link in article.

http://www.huffingtonpost.com/huff-wires/20120705/bkc-syracuse-fine-investigation/
Report: Syracuse sex-abuse probe prompt but flawed
By John Kekis
July 5, 2012

YRACUSE, N.Y. — Syracuse University's prompt response to allegations of sexual abuse against an assistant basketball coach was done in good faith but was flawed because, among other things, there was no direct contact with law enforcement, a special committee of the university's board of trustees said in a report released Thursday.

Although the 52-page document states there was no attempt to "cover up" any conduct, it reiterates a criticism voiced by Onondaga County District Attorney William Fitzpatrick that police and the district attorney should have been notified immediately so they could conduct the investigation with all the experience and tools available to law enforcement.

The committee assessed the university's response to allegations that Bernie Fine had sexually abused former ball boy Bobby Davis. It said Davis' allegations "should have been viewed from the outset as involving serious alleged crimes."

Davis, now 41, claims Fine molested him for years beginning when he was around 12 years old. He took the claims to university officials in September 2005.

Fine, in his 36th year on the basketball staff, was fired in November 2011 after the allegations were made public.

Fine, 66, has not been charged, and he denies the accusations.
 ::snipping2::
The abuse allegations threw into turmoil what was then the nation's top-ranked men's basketball team and seemed to threaten the career of Hall of Fame Coach Jim Boeheim, who staunchly defended his longtime assistant before softening his stance.

The university investigated the allegations with the aid of its longtime law firm, Bond, Schoeneck & King, and took no action after the investigation concluded that Davis' claims could not be substantiated.

The report, which does not reach any conclusion about the validity of Davis' claims, also said the school's counsel should have alerted Chancellor Nancy Cantor to allegations that student athletes may have had sexual encounters with Bernie Fine's wife, Laurie Fine, and that Cantor should have informed the board of trustees of the allegations.

Laurie Fine has said she was the victim of lies.
Among other findings in the report:

_ The investigation didn't talk to enough witnesses or failed to interview witnesses thoroughly.

_ No sexual abuse expert was called in to help.

_ Bernie Fine was allowed to change his original statement but lawyers who did the investigation did not note the change in their final report. Fine originally said Davis might have stayed alone with him in Fine's hotel room during a road trip, but that was deleted at the request of Fine's lawyer.

_ Lawyers didn't talk to two people who Davis said might have been potential abuse victims.

Attorney Gloria Allred, who represents Davis, said she would review the report and discuss it with him before issuing a response on Monday. Davis did not return a call seeking comment.

The university did not respond to a request for comment, but in a statement to students, faculty and staff, Cantor outlined steps it has taken to address campus interaction with minors. A working group has written new rules regarding programs in which minors are involved, and the athletics department has new policies regarding supervision of minors.
More...

http://www.syracuse.com/news/index.ssf/2012/07/the_reports_on_the_syracuse_un.html
Three reports on Syracuse University's investigation of allegations against Bernie Fine
Published: Monday, July 09, 2012, 7:09 PM     Updated: Monday, July 09, 2012, 7:36 PM

Syracuse, N.Y. -- Here are three reports related to Syracuse University's investigation of former ball boy Bobby Davis' claims that he was molested by longtime SU assistant basketball coach Bernie Fine:
 ::snipping2::


http://www.scribd.com/doc/96633785/SU-2005-Report-on-Bernie-Fine
SU 2005 Report on Bernie Fine

http://www.scribd.com/doc/99218741/Trustees-report-on-SU-s-handling-of-Bernie-Fine-case  (Warning: Content Suitable For Adults Only)
Trustee's Report on SU's Handling of Bernie Fine Case

http://www.scribd.com/doc/99620816/Gloria-Allred-Criticisms-of-SU-Trustees-Report
Gloria Allred Criticisms of SU Trustees Report

http://content.usatoday.com/communities/campusrivalry/post/2012/07/attorney-for-bernie-fine-accuser-blasts-syracuse-report/1
Attorney for Bernie Fine accuser blasts Syracuse report
July 9, 2012

Gloria Allred, the lawyer for a man who accused Syracuse University assistant men's basketball coach Bernie Fine of sexual abuse, said Monday that a report on the university's investigation of the claim is "a complete whitewash."
More...

http://www.dailyorange.com/news/fine-allegations-joint-working-group-analyzed-policies-provided-template-for-changes-at-su-1.2881330
Fine allegations | Joint Working Group analyzed policies, provided template for changes at SU
By Meredith Newman
Asst. Copy Editor
Published: Wednesday, July 18, 2012
Updated: Thursday, July 19, 2012 16:07

http://www.sfgate.com/news/article/Lawyer-NY-s-AG-should-probe-Syracuse-sex-charges-3723256.php
Lawyer: NY's AG should probe Syracuse sex charges
July 20, 2012

NEW YORK (AP) — The state attorney general should investigate Syracuse University's handling of sex abuse allegations against a former assistant basketball coach, high-profile attorney Gloria Allred said Friday.

Allred called on Attorney General Eric Schneiderman to investigate whether Syracuse was in compliance with a federal law that requires colleges and universities that participate in federal financial aid programs to disclose information about crime on campus.

Allred is representing Bobby Davis and Michael Lang, two men who say they were abused by former Syracuse assistant basketball coach Bernie Fine. Fine, who was fired last year, has denied the allegations.

Davis, a former Syracuse ball boy, said that if Syracuse officials violated the federal law, called the Clery Act, they should be held accountable.

"A college should never care more about protecting its reputation than it does about protecting children from child sexual abuse," he said at a Manhattan news conference with Allred.

A spokesman for Schneiderman declined to comment. Syracuse University pointed to a statement a special trustees committee made indicating the allegations don't fall within the reporting requirements of the Clery Act.
 ::snipping2::

Photo slide show at link (8 images)

http://www.syracuse.com/news/index.ssf/2012/07/espn_files_motion_to_dismiss_l.html
ESPN files motion to dismiss part of Laurie Fine's libel lawsuit
July 27, 2012

awyers for ESPN have asked a judge to dismiss a part of Laurie Fine’s libel lawsuit over the channel’s reports of sexual abuse allegations against her husband, former Syracuse University assistant basketball coach Bernie Fine.
ESPN defends one part of Fine's lawsuit saying its reporting was fair, accurate and privileged because what was reported was from an affidavit by original Fine accuser Bobby Davis and in court proceedings earlier this year.
The motion is scheduled to be heard by Senior Judge Lawrence E. Kahn on Sept. 7 in Albany.
More...

http://www.scribd.com/doc/101236758/Espn-Motion-to-Dismiss
ESPN Motion to Dismiss 

http://www.cnycentral.com/news/story.aspx?list=~%5Cnews%5Clists%5Centertainment&id=781387
ESPN files motion to dismiss part of Laurie Fine defamation lawsuit
July 27, 2012

ALBANY -- ESPN filed to dismiss part of Laurie Fine’s defamation lawsuit against the company and argues that its reports were accurate.   The section ESPN wants swiftly dismissed is called "Libelous Statement 5".   That's the section the attempts to hold ESPN and its reporters responsible for reporting on allegations Bobby Davis made in legal filings that Laurie Fine had sexual relationships with Syracuse University basketball players.

The filing in federal court states: "The libel claim based on Statement 5 must be dismissed as a matter of law. Under well settled New York law, a publisher cannot be liable when it publishes a “fair and true” report of a judicial proceeding, even if the publication repeats allegations made about a participant to that proceeding that are alleged to be false. Ms. Fine does not, and cannot, allege that ESPN’s reporting on the Boeheim lawsuit was inaccurate."

In other words ESPN makes the point: if it accurately reports court proceedings it can't be held responsible if the allegations made in court ultimately are proven false.

There  are five other libelous statements outlined in the Laurie Fine lawsuit.  Attorneys for ESPN have chosen to address them at a later time.  They have requested a hearing on Statement 5 with an Albany judge in September.

More...

http://centralny.ynn.com/content/top_stories/593150/espn-asks-to-have-part-of-fine-lawsuit-dismissed/
ESPN asks to have part of Fine lawsuit dismissed
July 27, 2012

Video at Link

http://www.syracuse.com/news/index.ssf/2012/07/syracuse_university_penn_state.html
Syracuse University, Penn State used different approaches in reviews of sex abuse allegations against coaches
July 24, 2012

http://www.scribd.com/doc/protected/99218741
Trustees' report on SU's handling of Bernie Fine case

http://www.syracuse.com/news/index.ssf/2012/08/if_a_child_alleged_abuse_today.html
How would Syracuse University respond if someone alleged abuse today?
August 1, 2012

Syracuse, N.Y. -- Syracuse University has not announced significant changes to its policies for handling allegations of sexual abuse or other crimes in the nearly nine months since child sex abuse accusations against coach Bernie Fine made national headlines.
SU says it is working to analyze and improve its policies, but committee members involved in the process won’t talk specifics for another few weeks, when 20,000 students return to campus.
The university has been criticized for how it handled allegations by Bobby Davis, who emailed Chancellor Nancy Cantor in 2005 and accused Fine of molesting him when Davis was a child volunteering as a ballboy for the SU basketball team.
SU called its law firm to investigate, and the lawyers concluded the allegations by Davis — who was in his 30s at the time — were unsupported by any witnesses or evidence. The university never called police, Cantor did not tell the board of trustees and only a few knew about the 2005 investigation.
More...

Comments at Link

http://www.9wsyr.com/news/local/story/Pharmacists-suspicions-spark-Fine-prescription/kVtgjsZ75EiJxoXiDyQQ5w.cspx
Pharmacist's suspicions spark Fine prescription investigation
August 15, 2012

Syracuse (WSYR-TV) -- A local nurse practitioner is facing charges for allegedly prescribing pills illegally to Bernie Fine’s daughter.

It’s just the latest in a series of embarrassments for the family of the former assistant SU basketball coach who was fired amid sex abuse allegations earlier this year.

Pharmacist Gary Brothers was suspicious when a new patient, named Sara Fine walked into Harvey's Pharmacy in Syracuse in June with a handwritten prescription for 90 Lorcet pills, containing hydrocodone.

"If its a provider or someone that I don't know, I always like to call the physician and verify that this prescription was written by the provider,” Brothers explained.

Brothers told investigators the prescription came from the ENT Facial Plastic Surgery office. He called the facility and was initially told Fine was not a patient. Minutes later, Brothers says a nurse practitioner called back to vouch for Fine, claiming the prescription was simply written outside of office hours, in an emergency situation.

Investigators later discovered that other prescriptions for Percocet (which contains Oxycodone) and/or Lorcet (which contains Hydrocodone) had been filled out by the same nurse practitioner, Lauren Havens, for several people including Sara's sister, Sheila, and their mother Laurie Fine.

In a deposition Doctor Michael Paciorek told investigators, "None.....are bona fide patients of ENT Facial Plastic Surgery, and I have not written and/or authorized any prescriptions for controlled substances for any of them at any time."

After 30 years in the business, Brothers says tighter regulations for prescription narcotics are more important than ever before.
 ::snipping2::
Lauren Havens is facing a felony charge of criminal sale of a prescription for a controlled substance. Doctor Paciorek referred to her in court records as a former employee.

Laurie Fine's attorneys, Lawrence Fisher and Kevin Tucker, released a statement, “Neither Laurie Fine, nor any member of her family, has engaged in any wrongdoing. The Fines are the unfortunate victims of circumstances surrounding this matter.”

While members of the Fine family and other prescription recipients named in court records did not appear to be facing charges Wednesday, the Onondaga County District Attorney's Office confirmed the case is part of an active investigation.

http://www.syracuse.com/news/index.ssf/2012/08/nurse_practitioner_accused_of.html
Nurse practitioner accused of selling prescription painkillers to Bernie Fine's daughter
August 15, 2012

Syracuse, NY - A nurse practitioner has been charged with illegally selling prescription drugs to the daughter of fired Syracuse University assistant basketball coach Bernie Fine.

Court papers said the defendant - Lauren Havens, of Manlius - provided prescription drugs to Sara Fine, 21.

Court papers also showed prescriptions written in the names of Bernie Fine's wife, Laurie Fine; a second daughter, Sheila Fine, 24; and son-in-law, Quint Streeter, 26, without proper authorization. The Fines are among seven people listed as receiving prescriptions for Percocet (Oxycodone) and Lorcet (Hydrocodone) from Havens.

Havens, 35, of 4605 Pewter Lane, is charged at this point only with writing the prescription to Sara Fine. She is facing a single felony count of criminal sale of a prescription for a controlled substance, a Class C felony punishable by up to 15 years in state prison.

She is accused of writing a prescription for the controlled substance Hydrocodone for Sara Fine when Fine was "not a bona fide patient" of ENT Facial Plastic Surgery where Havens was employed.
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First Chief Assistant District Attorney Rick Trunfio said the entire matter is now under investigation by the prosecutor's office. The original investigation that led to the criminal charge against Havens was handled by the state health department before the file was turned over to the prosecutor's office recently, Trunfio said.

Trunfio declined to say specifically whether charges could or would be filed against Sara Fine for having filled the Hydrocodone prescription that is the basis of the charge against Havens. But he said the entire case is now under investigation and additional charges could be considered.

A woman at the home of Laurie Fine in Fayetteville said Laurie and Sara Fine were out of town until next week and not available for comment. Sheila Fine and Quint Streeter, of East Syracuse, could not be reached.

Laurie Fine's lawyer, Lawrence Fisher, released a statement by email Wednesday afternoon: "Neither Laurie Fine, nor any member of her family, has engaged in any wrongdoing. The Fines are the unfortunate victims of circumstances surrounding this matter.”

Pharmacist Gary Brothers provided a written statement in which he said Sara Fine showed her driver's license as identification and paid $54.44 for the prescription drugs. But he also noted that when he called the provider's office to verify the order he was informed Sara Fine was not a bona fide patient and the doctor's office had no patient record on file.
 ::snipping2::
Paciorek said that on July 18 he met with Investigator W. J. Granato of the New York State Department of Health's Bureau of Narcotic Enforcement and Granata showed him a number of prescriptions that reportedly had been filled out by Havens for Hydrocodone and Oxycodone.

Those prescriptions were written for Sara Fine, Laurie Fine, Sheila Fine, Kristen Forte, Julie Moreland, Quint Streeter and Mark Zoli, according to Paciorek's statement. Zoli is Havens' married name.

Of those people, only Forte was a bona fide patient of ENT Facial Plastic Surgery but she had not been prescribed a controlled substance as a result of her visit to the practice, the doctor said. The others were not patients and he had not authorized prescriptions for any controlled substances for any of them, he noted.
 ::snipping2::

http://www.syracuse.com/news/index.ssf/2012/08/laurie_fines_lawyer_espns_not.html
Laurie Fine's lawyer: ESPN's not protected from libel claim
August 21, 2012

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Lawrence Fisher, a lawyer for Laurie Fine, asked a federal judge to deny ESPN’s request to throw out her claim that the network defamed her by reporting that she’d had sex with SU players. ESPN argued it was protected from a libel suit because the allegation surfaced in court papers.
More...

http://www.cnycentral.com/news/story.aspx?id=791096#.UDQtM6DBnIU
Laurie Fine reasserts claim that ESPN's reporting on sex allegations was libel
August 21, 2012

The serve and volley of the libel lawsuit between sports media giant ESPN and the wife of former Syracuse University assistant basketball coach Bernie Fine is back in ESPN's court.  It has until August 27th to reply to a motion filed on behalf of Laurie Fine in Federal Court today.

Attorney Lawrence Fisher asked a judge to keep the entire libel lawsuit intact.  ESPN moved last month to dismiss the section of the suit where Laurie Fine claims she was libeled by ESPN's reporting of Bobby Davis' claims that Laurie Fine had sex with members of the Syracuse University basketball team.  ESPN said it was simply reporting on the legal action Davis took against Syracuse Head Coach Jim Boeheim.
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Bernie Fine has denied all allegations of abuse. The U.S. Attorney in Syracuse continues to have an open investigation into the matter.

A Federal hearing on the ESPN's Motion to Dismiss one part of the Laurie Fine lawsuit could take place in September.

http://www.syracuse.com/news/index.ssf/2012/08/syracuse_university_releases_s.html
Syracuse University releases sexual abuse reporting guidelines
August 31, 2012

Syracuse University today released its new policy on sexual or physical abuse of children that directs students and staff to report observed or suspected abuse directly to outside authorities.

The new policy states that "members of the campus community" should immediately call 911 if they witness sexual or physical abuse of a child occurring. If anyone suspects abuse might have occurred at the child's home or elsewhere, they should call the state Child Protective Services and SU's Department of Public Safety, the policy says.

The policy was crafted by the Joint Working Group of the University and Board of Trustees, which was formed last year in the wake of allegations that associate men's basketball coach Bernie Fine had abused a former ball boy.
 ::snipping2::

http://collegebasketballtalk.nbcsports.com/2012/09/25/former-syracuse-assistant-bernie-fine-reportedly-no-longer-affiliated-with-israeli-team/
Former Syracuse assistant Bernie Fine reportedly ‘no longer affiliated’ with Israeli team
September 25, 2012

Former Syracuse assistant Bernie Fine is “no longer affiliated” with Israeli Maccabi Haifa, the team that hired him as a consultant in April, according to EuroBasket.com.

“Bernie Fine’s role was a consultant for the preseason,” Haifa told the website. “He is not currently with the club, but we are discussing future roles with the team down the road.”

Fine was an assistant at Syracuse for 36 years before being fired in November amid allegations of sexual molestation, but was never charged.

The claims of misconduct fall outside of the statute of limitations, meaning that Fine cannot be prosecuted for allegations made by 41-year-old Bobby Davis and his step brother, Michael Lang.

In recent months, attorney Gloria Allred, representing Davis and Lang, brought the issue back to the forefront by alleging that Syracuse may have been in violation of the Clery Act, which “requires colleges and universities that participate in federal financial aid programs to disclose information about crime on campus.”
 ::snipping2::

Ah yes, the statute of limitations.
 ::justice2NJ::

http://www.foxnews.com/sports/2012/11/09/us-attorney-office-closes-investigation-fine/
U.S. Attorney's office closes investigation of Fine
November 9, 2012

SYRACUSE, NY –  Nearly one year ago Bernie Fine lost his job as an assistant basketball coach at Syracuse University after accusations of sexual abuse of minors.

On Friday, the U.S. Attorney's office closed its investigation because of "insufficient evidence."

Fine was fired last November amid allegations of sexual abuse by former ball boys Bobby Davis and Mike Lang. A third man, Zach Tomaselli, soon came forward with similar accusations, then later admitted to lying, as did a fourth accuser.

"We have concluded that the investigation has not developed sufficient credible evidence of the commission of a prosecutable offense to merit either federal charges or a referral to a district attorney's office for state prosecution," the U.S. Attorney's office wrote in a statement Friday.

"The closure of our investigation does not constitute a determination of what did or did not happen -- only that a thorough investigation has not revealed sufficient admissible evidence to obtain and sustain a federal conviction. Mr. Fine retains the presumption of innocence that is an integral part of our system of justice."

Fine has not been prosecuted for any of the allegations and has denied any wrongdoing.

Last December, Onondaga County District Attorney William Fitzpatrick called accusers Davis and Lang credible, but also said his office could not file charges at the time because the statute of limitations had passed.
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http://dailyorange.com/2012/12/police-reports-reveal-details-about-credibility-of-accusers/
Police reports reveal details about credibility of accusers
BY JESSICA IANNETTAASST. NEWS EDITOR
December 2, 2012

Details regarding the Syracuse Police Department’s investigation into the allegations made against former associate men’s basketball coach Bernie Fine came to light on Sunday following a series of Freedom of Information Act requests filed by The Post-Standard.

The police reports obtained through the FOIA requests revealed additional information about Floyd VanHooser’s allegations against Fine, the number of witnesses interviewed and the tense relationship between the Onondaga County District Attorney’s Office and SPD.
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Two weeks ago, federal prosecutors closed their investigation without charging Fine, saying there was insufficient evidence to bring charges.

SPD launched an investigation into the allegations against Fine the night Davis and Lang went public with their accusations on ESPN, The Post-Standard reported on Sunday.

The next day, SPD received eight to 12 phone calls from people saying they knew someone who might be a victim of Fine. But after detectives interviewed them, they all denied being abused, The Post-Standard reported.

During the investigation, VanHooser and Tomaselli were the only others to accuse Fine of sexually abusing them.

VanHooser, who is currently serving time in state prison, said the abuse started when he lived with Fine as a teenager and their sexual relationship continued into adulthood.

But 10 days after making the accusations, VanHooser recanted in a letter to Fine. VanHooser later told friends he panicked after the first interview and recanted because he viewed Fine, a long-time supporter, as his only chance at getting out of prison, The Post-Standard reported.

Police later found physical evidence that supported VanHooser’s accusations during a search of Fine’s home, The Post-Standard reported.

Tomaselli, who is currently serving time in prison in Maine on child-molestation charges, originally claimed that Fine molested him in a Pittsburgh hotel room in 2002. He later recanted this claim and admitted to doctoring emails and lying to reporters in order to prove his case.

Though VanHooser and Tomaselli were the only accusers to come forward, the police reports reveal that at least two witnesses discussed seeing “odd circumstances” at Fine’s home, The Post-Standard reported.

The reports also revealed that detectives and Secret Service agents interviewed SU head basketball coach Jim Boeheim and Fine’s wife, Laurie Fine. The contents of both reports are blacked out because federal prosecutors were involved, The Post-Standard reported.

The fact that federal prosecutors were even involved is a point of contention between SPD Chief Frank Fowler and Onondaga County District Attorney William Fitzpatrick, The Post-Standard reported.

After receiving phone calls from the DA’s office indicating the DA was planning to subpoena the accusers, in addition to other suspicious incidents, SPD became suspicious of the DA’s office and decided to turn the case over to federal prosecutors, The Post-Standard reported.

SPD also learned from VanHooser that Fine offered to contact First Chief Assistant District Attorney Rick Trunfio, who VanHooser described as a friend of Fine’s, about helping his case, The Post-Standard reported.

In the article, Fitzpatrick denied that either he or Trunfio had a close relationship with Fine and that the DA’s office was out to disprove the victims. He also said no investigator ever told Davis or Lang not to trust the police.

Despite the disagreement about SPD’s decision to go to the federal prosecutor’s office, both Fitzpatrick and Fowler agree that some of Fine’s accusers are credible, The Post-Standard reported.

Fowler said in the article that he finds Davis, Lang and VanHooser “highly credible” and if the statute of limitations hadn’t expired, police would have been able to arrest Fine based on their allegations.

Fitzpatrick has said previously that he finds only Davis and Lang credible.

http://www.syracuse.com/news/index.ssf/2012/12/police_investigation_of_bernie.html
Some Bernie Fine accusers are credible, police chief, DA agree
December 2, 2012

Fowler and Onondaga County District Attorney William Fitzpatrick don’t agree on much, but they do on one point: Some of Bernie Fine’s accusers are credible.

Fowler said last week that after a yearlong investigation he finds “highly credible” three of the four men who accused the fired Syracuse University assistant basketball coach of molesting them as children.

If the cases hadn’t fallen outside the statute of limitations, police could’ve arrested Fine based on the allegations of Bobby Davis, Mike Lang and Floyd VanHooser, Deputy Chief Shawn Broton said.

Fitzpatrick said a year ago that he found Davis and Lang credible, but not VanHooser.

Federal prosecutors would not assess the accusers’ credibility two weeks ago when they closed the investigation without charging Fine. Fine’s lawyers called that announcement vindication. But a lawyer for two of the accusers, along with victims’ advocates, said it only meant that there was insufficient evidence to bring charges.

Fowler’s finding adds to the debate about the scandal that rocked SU.
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“In my opinion, probable cause would exist to file charges in all three cases,” Broton said. Whether that would’ve happened would depend on the “totality of the circumstances,” he said.

Broton wasn’t willing to say for certain that Fine would’ve been charged.
More...