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Author Topic: Syracuse Asst. Coach Bernie Fine Fired Amid Child Sex Abuse Probe(CASE CLOSED)  (Read 26384 times)
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« Reply #180 on: July 11, 2012, 07:46:40 PM »

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

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« Reply #181 on: July 11, 2012, 07:48:22 PM »

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."
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« Reply #182 on: July 20, 2012, 12:14:59 AM »

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


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« Reply #183 on: July 22, 2012, 10:01:18 PM »

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::

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« Reply #184 on: July 27, 2012, 08:05:25 PM »

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.
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http://www.scribd.com/doc/101236758/Espn-Motion-to-Dismiss
ESPN Motion to Dismiss 
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« Reply #185 on: July 27, 2012, 08:07:12 PM »

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.

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« Reply #186 on: July 27, 2012, 08:08:59 PM »

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
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« Reply #187 on: July 30, 2012, 07:19:20 PM »

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
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« Reply #188 on: August 01, 2012, 05:35:34 PM »

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.
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« Reply #189 on: August 16, 2012, 08:34:08 PM »

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.
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« Reply #190 on: August 16, 2012, 08:37:14 PM »

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.
 ::snipping2::
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::
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« Reply #191 on: August 21, 2012, 08:58:53 PM »

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

 ::snipping2::
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.
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« Reply #192 on: August 21, 2012, 08:59:56 PM »

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.
 ::snipping2::
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.
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« Reply #193 on: September 02, 2012, 11:35:55 PM »

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::
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« Reply #194 on: October 01, 2012, 08:54:47 AM »

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::
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« Reply #195 on: October 16, 2012, 05:35:02 AM »

Ah yes, the statute of limitations.
 ::justice2NJ::
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« Reply #196 on: November 13, 2012, 02:03:15 PM »

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.
 ::snipping2::
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« Reply #197 on: December 03, 2012, 12:36:45 PM »

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.
 ::snipping2::
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.
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« Reply #198 on: December 03, 2012, 12:41:03 PM »

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.
 ::snipping2::
“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.
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