Syracuse police knew of sex-abuse allegations against coach

Syracuse police knew of sex-abuse allegations against a Syracuse University basketball coach back in 2002 but were unable to arrest him because the statute of limitations had run out, the city's police chief said Tuesday.

Then police Chief Dennis DuVal, who himself was a Syracuse basketball player in the 1970s, was aware of accusations against assistant coach Bernie Fine, current Syracuse police Chief Frank Fowler said in a statement.

Fine, who has been fired, denies the allegations.

Detective Doug Fox in 2002 told the accuser -- who has been identified as Bobby Davis, a former ball boy for the university's basketball team -- that since the allegations were from 12 years earlier the statute of limitations had passed, Fowler said. Fox advised his supervisor but didn't file a formal report.

Fowler said Syracuse police would from now on formally document all reports of sexual abuse.

Davis, 39, told ESPN that Fine first molested him in 1984 and that sexual contact continued until he was around 27. Davis' stepbrother, Mike Lang, 45, who also was a ball boy, also told ESPN that Fine molested him.


The full statement issued on behalf of Syracuse Police Chief Frank Fowler:

I would like to set the record straight and clear up some misconceptions that have surfaced in the media about what did or did not happen in 2002 under a previous Syracuse Police Department Administration when allegations of abuse by Bernie Fine were brought to the attention of a Syracuse Police Detective.

It is my belief that the public has the right to know who knew what and when in 2002 and 2003. After reviewing this matter for nearly two weeks, the following is an explanation of what occurred since 2002 within the Syracuse Police Department

In 2002, the Syracuse Police Department did not start an investigation into sexual abuse allegations against Bernie Fine. Syracuse Police will not identify the original victim. However, the victim revealed to a friend, who we now know to be Danielle Roach, that Bernie Fine had sexually abused him over the course of several years. Ms. Roach convinced the victim to report the abuse to authorities. Ms. Roach contacted a local attorney who provided her the name of Det. Doug Fox of the Syracuse Police Department's Abused Persons Unit. This attorney then notified Det. Fox that he may be getting a phone call from a female who wanted to speak to him about a sexual abuse case. Several weeks later, Ms. Roach contacted that detective and told him that Bernie Fine had sexually abused her friend. Ms. Roach was asked to have the victim contact Syracuse Police directly. Approximately a month later, Det. Fox took a call from the victim who told the detective he was calling from Utah. In a brief phone conversation, he stated that Bernie Fine had sexually abused him while growing up and the abuse had occurred while he stayed at the Fine residence. He stated the abuse had occurred at least twelve (12) years prior to the phone call. After hearing the victim's allegations and the timeframe, Det. Fox informed the victim the statute of limitations had expired. Due to the amount of time that had passed, authorities would be precluded by law from making an arrest. Det. Fox then told the victim that if he wished to meet with him in person, or if he was aware of any current victims, he would like the victim to share additional information. The victim believed he knew the first names of possible victims and that if he learned their last names, he would call back.

Det. Fox notified his supervisor in the Abused Persons Unit and it was decided that unless the victim met with the detective or the victim was able to provide names of other victims, then an investigation would not be initiated. The Syracuse Police Chief at that time, Dennis DuVal, was made aware of the allegations against Bernie Fine. Due to the fact that no investigation was started, Det. Fox did not prepare any formal reports.

Several months later, in 2003, the Syracuse Police Department received an inquiry from the Syracuse Post Standard as to whether an investigation had been conducted on Bernie Fine. The Post Standard was informed that no investigation had taken place.

It should be noted that the first time the Syracuse Police Department ever met face to face with any victim in this case was on November 17, 2011, when two victims came to the Syracuse Police Department, along with new evidence. Ms. Roach informed us that the Syracuse Post Standard and ESPN were both in possession of a copy of that evidence and had been in possession of the evidence since 2003. At no time in the last eight years did the Post Standard or ESPN notify Syracuse Police that they were in possession of that evidence.

The first time the Syracuse Police Department learned of Syracuse University's internal investigation was when the University presented the Syracuse Police Department with a copy of its report on November 17, 2011.

On November 17, 2011, after hearing the allegations made by the victims and reviewing new evidence, the Syracuse Police Department initiated an investigation to determine if in fact these allegations were true, and if there are any current sexual abuse victims. The investigation is active and ongoing and has entered a new phase with the U.S. Attorney's Office and the U.S. Secret Service taking the lead.

The Syracuse Police Department will continue to work diligently with the U.S. Attorney's Office, the U.S. Secret Service and the Onondaga County District Attorney to fully investigate all allegations.

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. But what I can and will do as Chief today is ensure that moving forward all reports of sexual abuse are formally documented. I have ordered a review of all Syracuse Police Department policies and procedures regarding the documentation of sexual abuse allegations made over the phone and appropriate changes will be made accordingly.

Discuss this post

Accusations from the former "ball boy".

    Reply#1 - Tue Nov 29, 2011 2:18 PM EST

    john, you have issues, seek help.

    • 2 votes
    #1.1 - Tue Nov 29, 2011 2:32 PM EST
    Reply

    Why is there a statute of limitations on child molestation? Does the memory of the crime magically disappear from the mind of the victim?

    • 3 votes
    Reply#2 - Tue Nov 29, 2011 2:31 PM EST

    If we are talkign about the evaporation of legal practices how about "innocent until proven guilty." Did he do something? maybe, but hes being treated as though he definitly did. Let the jury say guilty before firing the man.

    • 4 votes
    #2.1 - Tue Nov 29, 2011 2:44 PM EST

    Same reason there's a SoL on any other crime. At some point it is simply in society's overall best interest to close the door and move on.

    • 2 votes
    #2.2 - Tue Nov 29, 2011 2:59 PM EST

    Miker...There is no SOL on murder. I would contend that, if these charges are accurate, that he murdered the innocence of his victims. Still, it isn't murder in the traditional sense, I agree. I believe that the SOL on child abuse should start with the first report...not when it happened.

    • 1 vote
    #2.3 - Tue Nov 29, 2011 4:41 PM EST

    Miker - spoken like someone who has not experienced abuse or who didn't properly work through it.

      #2.4 - Wed Nov 30, 2011 6:34 PM EST
      Reply

      I think the statute of limitations is an important point. It is designed to keep someone from being prosecuted far down the road after memories have become faded and unclear, and evidence, etc. is no longer available. It is designed partly to protect from these types of situations with allegations of things that happened long ago that most likely can not be proven or disproved but can seriously damage someone's reputation. I do not know if Fine is guilty or innocent, put to take action against him based on unsubstantiated accusations that even the accusers father says are false is just wrong.

      • 3 votes
      Reply#3 - Tue Nov 29, 2011 2:31 PM EST

      That does it. I'm not watching sports anymore. Liberals already said I should give up my Faith because of a few bad apples. Sports must be bad too. What else will I have to give up because of pedophiles. What's next? Policemen and firemen? Will the libs say I should give up law and order or just let my house burn down?

      • 1 vote
      Reply#4 - Tue Nov 29, 2011 2:33 PM EST

      Well, you can give up being a Republican ... pedophile Mark Foley R-FL

      • 2 votes
      #4.1 - Tue Nov 29, 2011 4:06 PM EST
      Reply

      What is WRONG with this Picture??? There should be NO Time limitations for reporting a SEX ABUSER for these type of MONSTERS do NOT mellow with age - they find other victims to eat. A psyche for a healthy person, is like a clear mountain lake, but you add violence and physical molestation and fear - take an egg beater to that lake, and the victim will be lucky to ever have it calm again, and most likely won't.

      • 1 vote
      Reply#5 - Tue Nov 29, 2011 2:46 PM EST

      Universities, and in particular their athletic departments, are rife with corruption. They are an old boy's club where clout rules.

      Don't expect much in any of these University cases.

      • 1 vote
      Reply#6 - Tue Nov 29, 2011 2:48 PM EST

      Sounds so much different from corporations, governments, or any group of people.

        #6.1 - Tue Nov 29, 2011 4:01 PM EST

        I'm not sure what you mean by that comment. Please elaborate.

          #6.2 - Tue Nov 29, 2011 4:20 PM EST
          Reply

          @ Matt

          Please explain to us: What do liberals have to do with this story again?

          • 3 votes
          Reply#7 - Tue Nov 29, 2011 2:53 PM EST

          Nothing. Why can't you just ignore him?

          • 1 vote
          #7.1 - Tue Nov 29, 2011 2:58 PM EST

          Liberals try to destroy the Catholic Church because of a few bad apples even though they will abort an innocent unborn baby in a heartbeat. They are monsters calling pedophiles monsters (which they are).

            #7.2 - Tue Nov 29, 2011 3:01 PM EST

            The Catholic church is destroying its self ... too many bad apples in too many cities in too many countries - not just a few pedophiles - and the church chose not to remove them as they found out about them, but allowed them to continue attackiing young boys and girls for years and, in some cases, for decades more.

            As a side note, Pro Choice is not Pro Abortion. Government should not and must not be able to legislate morality. Government has no right to claim control over a person's own body - like they did earlier with the forced sterilization of young girls deemed to have a low IQ, teenage pregnancy, and/or being Native American. I hate Nazis by what ever name they call themselves now.

            • 5 votes
            #7.3 - Tue Nov 29, 2011 4:23 PM EST

            @ Matt

            I am a Catholic myself, and not just in name. I have, however and no matter how much that saddens me, to agree with what Moral Conscience said about the Catholic church doing a good job of destroying itself. Being the Pope, a bishop or a priest is certainly not easy but too many people failed terribly (and in some cases in a criminal fashion) in that story. The people who were in charge and did nothing (or worse) are chiefly responsible for this disaster. Of course that's hiding the many good things the Church has done in the past and is still doing and some people and media who were anti-Catholic to begin with couldn't miss out on hitting the Church hard. They didn't, however, create the problem, liberal or not. Having said that, I agree with you about the lack of human consideration for the unborn. This is a moral issue that cannot be solved just by changing the law. What has to change is people's hearts and minds.

              #7.4 - Tue Nov 29, 2011 8:02 PM EST
              Reply

              Why would a college basketball team have 12-year old ball boys? Who would let their 10-12 year old kids go hang around on a college campus - be it this school, Penn State, or where ever? Just seems a little odd to me. Seems like a university could find one of its own students to be the ball boy/manager or whatever you want to call them. Just asking.

              • 2 votes
              Reply#8 - Tue Nov 29, 2011 3:04 PM EST

              Why shouldn't they have 12-year old ball boys? Oh, right, so the on-campus pedophiles aren't tempted. </ sarcasm> Seriously, as an alumna I would love for my child, for instance, to be involved with anything to do with my alma mater, regardless of age. Seems to me like a great way to instill a sense of aspiration and of wanting to learn and excel. What's wrong with that?

                #8.1 - Wed Nov 30, 2011 6:39 PM EST
                Reply

                Let me get this straight... a 12 year old boy is abused by this coach for how many years? At 12, he MUST have known it was wrong, but he let it continue for YEARS. At what point does it stop being abuse, and become a joint "sport?" Gimme a break, people. You can't get cozy with an abuser for years, and NOT know it wasn't right and report it to someone.

                  Reply#10 - Tue Nov 29, 2011 3:53 PM EST

                  They are embarrassed and afraid - that's why it goes on. They are too young to stand up to these pedophiles and don't know how to get out of it. If you haven't been there - you wouldn't understand. These are children - with the minds of children.

                  Also, why is a 12 year old amongst these people? What is wrong with parents? You don't send children in these "adult groups" unless you are with them!!! OMG!!

                    #10.1 - Tue Nov 29, 2011 7:14 PM EST

                    Wow, Pawz, way to blame the victim(s). I guess women also shouldn't be wearing short skirts and/or make-up. Take a few sensitivity classes, please.

                      #10.2 - Wed Nov 30, 2011 6:42 PM EST
                      Reply

                      The cop told the victim that because the status of limitations had run out on the crime committed against him, he had to do his own investigation to determine if there were any other, more recent, victims.

                      I understand that they couldn't arrest him for the previous crimes but I would have thought that it would at least merit an investigation to see if he is still preying on children. This isn't the kind of crime where the perpetrator suddenly stops doing it. I'm sorry but that is the most lame explanation for failing to follow through that I've ever heard.

                      • 2 votes
                      Reply#11 - Tue Nov 29, 2011 4:13 PM EST

                      Well said, Bob. It should have started an investigation. Police know that once a pedophile always a pedophile. They don't just stop at one victim. They should have looked for other victims. Truly disgusting and incompetent police behavior.

                      • 1 vote
                      #11.1 - Tue Nov 29, 2011 4:48 PM EST
                      Reply

                      Pawz, when a child is molested or abused by a person in a position of authority they come to accept it as "deserved" or even "thier fault." If it goes on for years, their sense of self worth is so completely diminished that it becomes part of thier accepted condition. Add to that that these young men are frequently ridiculed by the athletes and you have a conquered individual.

                      • 2 votes
                      Reply#12 - Tue Nov 29, 2011 4:17 PM EST

                      Boeheim MUST have known. I vote for firing him. We don't need evidence. He knew and ignored it. How could he have not known? Fire him. Clean house.

                        Reply#13 - Tue Nov 29, 2011 9:46 PM EST
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