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Subscribe to RSSNew York law enforcement officials said former Syracuse University basketball coach Bernie Fine cannot be prosecuted on child abuse charges because the statute of limitations to bring those charges ran out. NBC's Brian Williams reports.
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."
The 65-year-old Fine, who had been head coach Jim Boeheim's top assistant since 1976, has adamantly denied wrongdoing.
The accusations against Fine once appeared to threaten the job of Boeheim, who has said he is unaware of any abuses happening during his tenure.
Boeheim at first vehemently defended his longtime friend and assistant and said the accusations were lies to make money in the wake of the Penn State sex abuse scandal. He later backtracked and said he was wrong to question the motives of the accusers.
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."
Fitzpatrick said a 2005 probe by the university into Davis' claims was inadequate but said people should stop calling for the resignation of Syracuse Chancellor Nancy Cantor and Boeheim.
Blame, he said, stops with one man: "Hasn't Bernie Fine caused enough pain in this community?" Fitzpatrick asked.
He said it also was wrong to make any comparison to the sex scandal at Penn State University that cost legendary football coach Joe Paterno and school president Graham Spanier their jobs.
"It's not only inaccurate, it's not fair," he said.
Fine was fired after the three men made public accusations and ESPN played a 2002 recording of a phone call in which a woman ESPN identified as his wife tells an accuser she knew "everything that went on."
Tomaselli's claims fall within federal statutes of limitations and are being investigated by the U.S. Secret Service.
Investigators searched Fine's home, office and school locker, looking for pornography that could be used "to sexually arouse or groom young males" to have sex, court records say. The investigators took computers, cameras, disks and records, among other things. They're also looking for any records that would detail Fine's contact with boys.
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."
The Associated Press and Reuters contributed to this report.
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I sort of have to agree with Jim Boeheim; at this late date, those claims were about making money.
I don't think so. They tried to bring up these charges in the past and were ignored. No one wants to believe that someone like Fine....or Sandusky.....would do such a thing. It is that horrible.
Really? And how are the victims making money from this? What's really happened is the Penn State example has motivated these Syracuse victims to bravely come froward for one reason...to prevent other boys from being molested - PERIOD.
What is also clear from these breaking stories....we need to get sports out of our colleges and universities - NOW. These over paid coaches and NCAA are all about making money....and they can't be trusted to manage their organizations. Get sports off our campuses - PERIOD!
OK - On one hand, yes, I agree about the making money.
On the other hand. WTF?!? Statute of limitations? Like our kids are told "Now, be sure you tell somebody you're getting abused sometime within 10 years, or we'll do nothing about it..."
Shouldn't it be a statute of limitations from the time they reported the crime? I mean, at least THAT would be creditable - but "Sorry, you're SOL" just doesn't cut it.
By the same token - if making money's the issue, then just remove the ability to sue for civil damages in cases outside the Statute of Limitations (SOL?).
Yeah Ricky, they brought the issue up in 2002 and now they want bucks because of Penn State. Very warped line of reasoning. Weren't you in that movie with Julia Roberts? Oh that was Mel the bigot Gibson. Sorry.
Yeah good luck with that!!
I agree too...it was a money grab. I'm not saying the charges are not true, but clearly, to bring this up again so many years later, right after the Penn State nightmare....it was done for a reason, and money has to be at the top of the list.
As for all this blather about firing Boheim...the DA was correct, put the blame where it belongs...on Fine.
Kape, they did bring the issue up in 2002. Syracuse conducted a huge investigation of their own and didn't find evidence to support the claims. The witnesses couldn't corroborate the story. The Post Standard did a journalistic investigation as well. Nothing but crickets. These claims are bunk.
You have no idea how long the repercussions of child abuse go on. My sister was molested when she was 4, and at 30 she still has issues with anxiety, depression, and guilt. I don't believe that the late date has anything to do with money. It has everything to do with boys who were in no position to fight back when they were kids, who are trying to take back their power. There aren't enough millions of dollars that anyone could give them to repay all of the pain and suffering they have had in their lives, or will have until the day they die. I am proud of them for having the courage to come forward and exposing this man for what he is. In many cases, the statute of limitations will run out before child victims even reach adulthood. At the very least this man will probably never have another opportunity to touch another little boy ever again. If nothing else comes of these accusations, these brave men have done enough.
Then why did you say this?
The second statement will surely be viewed by the general public as the DA coming out and saying Fine is guilty. Hey, if the shoe fits, wear it! But don't then don't tell us in the next breath that you don't have shoes on. We can see your Bruno Magli's from here!
How can you even suggest that such a late claim is about making money. Unfortunately the pain and suffering have no statute of limitations. Try dealing with the after effects of child sex abuse. A person NEVER gets over the after effects. They can just cope and move on but the repercussions will always be felt, although in many instances, not even be known by the victim. All decisions made in adult life are effected by that experience, consciously or unconsciously.
Your comment is truly a sad one. Have you ever walked in the shoes of a victim? Look at the smirk on the perps. face and tell me what you see.
Don't know about the rest of you, but having been a victim of being molested by a "family friend" over a period of years, there should be NO statute of limitations. The man who did this to me died and I was thrilled, but I never had the guts to tell anyone what happened and it has been 40 years ago. As for you guys that think this is about making money... please tell me what kind of money they would make? If they file civil, then the truth will come out. I'm really amazed at how fast everyone jumps on the accusers and NOT the perpetrator. These men are sick and they screw up the minds of the young boys they molest.
PH, I believe the story stated the investigation was inadequate. You care to remember Penn ALSO did an investigation????? Enough said.
As has been mentioned, this kind of damage takes YEARS to get over and even longer to tell those around you. Unless you have been there.. you don't have a dog in this hunt guys....
Get your facts right. Penn State's investigation was nothing like the investigation at Syracuse. From the very beginning, Syracuse was transparent about the situation, including the investigation. Everyone, including the DA and the newspaper, knew that Syracuse was conducting a massive internal investigation and they knew the results when the investigation came out.
Except the Local Newspaper and ESPN did not forward the recording of Fine's wife talking about Bernie's love of boys which caused Syracuse to fire Mr. Fine abruptly.
The shame belongs on ESPN (aren't they run by a bunch of Syracuse graduates?)
No news outlet in this world would turn down a scoop like that if it was true, regardless of alma mater.
Also, Syracuse interviewed all of the witnesses and the victims. Please tell me why this tape was not handed over to Syracuse investigators or the DA by the victims, but it was sent to ESPN? Strange, don't you think?
i can only image how hard it is to find "evidence" of sexual abuse. Bottom line - keep pedophiles on
guard - WE ARE COMING AFTER ALL OF YOU WHO HURT CHILDREN.
Rick - How could this be about just making money? If the statute of limitations has run on the criminal case, then it has also run on the civil case as well so no lawsuit is possible. Sure you just aren't sympathetic to Bernie Fine for some other reason?
Somehow, Sandusky will get off the charges as well.
Heard that there is some kind of crossing hairs in some of the reports on opposite sides re: people protecting him--it could get him off. Will do more backup reading--
There should be NO Statute of Limitations for Pedophiles, because the harm done to these kids, lasts a lifetime. They are too young, to know what has happened, usually threatened by the Pedolphile to keep the "towel slapping" (sex) quiet, because they will be in trouble.
Bernie Fine should be tortured within his own body mentally, for the rest of this life--knowing that everyone finds him disgusting.
One thing that raises a red flag of the alleged victims being credible is the fact that Boeheim states that NO children were ever on the road with the team except his own children. I also find it funny that if this man is a child abuser then from everything I have read in regards to abuse, they prefer children and I never heard of an abuser that carries the relationship well into the child's adulthood. If the accusers went to the police, why didn't they keep going back until someone listened?? Where were their parents? I'm not blaming the alleged victims in this but there are just so many red flags that it just brings up so many more questions.
EXACTLY. And why didn't Davis give the tape to the cops years ago? He had every opportunity to give it to Syracuse during the investigation, or the police and DA during questioning. Instead of doing that, he sent it to ESPN. WTF?! I don't buy it for a second.
In summary, the accusers are "credible", but due to statute of limitations this child molester cannot be prosecuted. He even freaking apologized to them! This is ridiculous. There should be no statute of limitations when comes to crimes such as these.
Boeheim apologized for first calling the accusers liars and for defending Fine. Fine has never apologized nor admitted any guilt.
@Johny Mullet, in most states, they have lengthened them greatly, but the problem is that what we have on the books today is not what counts: It is what we had on the books back then, and often it was only a few years. Times and attitudes toward molestation have changed greatly.
Boeheim never said it happened, he apologized for his own remarks which some people considered insensitive.
Just because they can't bring criminal charges doesn't automatically mean they can't bring civil lawsuits. I don't know if there is a statute on civil in NY for this type of case, but I bet they could easily get around it.
False accusation can be very powerful indeed. Credible my foot. This has the making of a money grab. The 2 so called accusers are brother and their relatives already claimed they are after making it up and are after money. The third accuser never even meet the man according the the accuser's father.
The taped call changes everything. His wife not only does not deny this was going on she admits to having slept with Davis as well. What a mess. No surprise we find out our neighbors have some rather strange sexual leanings. Usually stays behind closed doors until something like this occurs. Bernie Fine will never coach again and will be lucky to find employment of any sort.
The phone call was taken out of context and does not get into any specifics about what happened. They could have been talking about a slew of sinister behaviors, not necessarily sexual abuse. Clearly, they had some major issues going on in that house, but these victims are not credible for the claims they are making.
in this case, i think they will find out. Or I hope so. I cant imagine loosing my job & having my life destroyed over a false accusation. I just hope those pedophiles out there are very nervous due to all of the attention. Let's educate our children, so that we can stop this crime
PH, you can NOT defend the wife's recording... man, the way you defend this guy is incredible. Again, I ask you what money is to be made if the statute has run out? If the civil can go forward then they will either prove it or not. Obviously the kids are messed up which might explain the family trashing them, but Fine's family is as well. I also ask how you know so many facts regarding the investigation when the DA in the story said the investigation was "inadequate".
What money? Media interviews, for one. A book deal, for two. There are lots of ways to milk the system. I'm not saying he is guilty or innocent, wives. But whether you like it or not, we have a judicial system in this country that does not bow to the mob mentality on this board.
These victims are highly suspicious. The tape is not new. Please tell me why nothing was done sooner? Could it be that maybe there is something about the tape that you don't know? It doesn't add up, period.
Of course, I'm sure you are the type that will convict based on a news article. God help anyone who has you as a jurist.
PH, TWICE I stated if there was a trial of any kind, that the truth would come out. Do you see anywhere in my post that I KNOW he is guilty and should go to prison? I simply don't just to his defense the way you have. I read the story that said the investigation was inadequate. Also read the conversation with the wife. Again, there should be a trial, but to immediately tar and feather the accusers falls into what America does in general to people who claim sexual abuse.... been there done that...
Well, I don't see find the multiple investigations, but multiple parties, including law enforcement and the press, to be inadequate. Sorry, just doesn't add up to me at all and Ill continue to say so until something new comes to light.
If it was just a money grab they would have accused Boeheim. I do believe something happened. Remember the wifes tape recording?
Yeah rick m. when the wife more or less says, yeah he's a sick perv, that pretty much sold me on his guilt.
Coaches, Youth Ministers, Catholic Priests, so disgusting !! Parents stay alert when adult males pay way to much attention to your children. I've seen it in my church and in my H.S....
They had no basis for accusing Boeheim in anything. Boeheim is very different from Paterno. He runs the team like an NBA franchise and is the farthest thing from a micro manager. He would not have gotten involved in the details regarding ball boys and there was no eye witness to alert him to the problem.
If Boeheim knew about anything sinister, it would have been curtains for Fine.
Dano....you've SEEN IT in your church and H.S. !!!!! Have you filed reports with the police and school officials? Are there ongoing investigations? Have we locked up the guilty bastards yet? Is this just a few folks at church and school or a whole bunch? Is your whole neighborhood full of pedophiles? Child molestors under every rock? We need the facts, man....give us the gory details!!!! Police blotter kind of stuff....you can't just drop some casual allegation like that and not follow up.
Wel then-Bookem Dano!
Rick M. i have to agree with you. my son is in sports programs all of the time. I always remind him of the possibilities and what to do. I have stated this communication with him at a very early age. Again, coaches, ministers, youth advocates, they are all potentials, uncles, friends, neighbors. Teach your children how to speak up, teach them when to fight, teach them to take care of themselves at all times and teach them to enjoy life. Balance.
I guess I somewhat reluctantly have to agree. Too much time has passed. I think their is a lesson here. If you are abused you need to tell someone and you need to inform authorities. Stop being embarrassed and covering it up. Others may be hurt by you ignoring it.
An "alleged crime" is still a CRIME years/decades later & should have no statute of limitations. When are we going to start protecting children - as individuals who see/suspect abuse in the community or as fan(atic) supporters of the famous - from abusers? Children DO NOT BOUNCE BACK as so many say - they suffer tremendously & THEY ARE INNOCENT VICTIMS OF ADULT MONSTERS, who are not going to stop until the laws stop them by locking them away from the children.
I hope this doesnt set the tone for Sandusky!!! Somethings smells awfully fishy...How damaging this is to the victims!!!
Criminals now have more rights than their victims.
I think this has set the tone for Sandusky because I truly believe there will be no concrete evidence only a lot of he said he said. I have warned folks do not get the mob mentality that has been going on since the trial. i am not a Penn State fan or grad, I believe in the law, but instead of going all over and insisting he is guilty, the DA better have real evidence and stop prancing onto the tv saying he's going to get it. I don't see that happening.
Fitzpatrick: "It is not my place to pronounce Bernie Fine guilty of anything."
But isn't that exactly what he's doing? Looks like prosecutorial misconduct to me.
I believe he said there was enough evidence to present to a jury....not that he is guilty for certain....
Another direct quote: "I can't bring Bernie Fine to justice for what he did to Bobby Davis and Mike Lang."
Sounds like a fairly full-throated proclamation of guilt, to me.
It is all money motivated "herstyria": where were the parents when those abominable crimes occured? Are they worse than Casey Anthony"s? As the comedian Carlin once said: I would rather have a bj than beaten in the school yard. I think Fine should sue the University and the "latter day accusers" and their dysfunctional parents. Remember Martin case in California?
McMartin case.
This is all about making money. Quite a coincidence that these claims resurfaced right after the Penn State debacle - talk about riding on the coat tails of a real tragedy.
These claims were made many years ago. The DA did not pursue them at that time, but Syracuse conducted a full, multiple-month long investigation and still could not find credible evidence to back up the claims. None of the so-called witnesses could corroborate the story and the third victim's own father is saying that not only is his son lying about the abuse, he's a master manipulator and always has been.
I'm not saying Fine is a great man, but Syracuse did not try to cover this up and these victims are far from credible.
Look morons, the wife stated on the tape recording that he is a pedophile and wants to do things with boys. How is this not an indication of guilt?? Also, it is rediculous that a Statute Of Limitations exists for crimes such as these.
What I don't understand though is that if this tape was so damning why ESPN didn't pursue the story when it was originally submitted in 2003. Something about the tape is off - no major news outlet would turn down a scoop like that if they thought the tape was real.
Revenge is a dish best served cold. Sometime, somewhere justice will be served and Fine will get what's due to him. Justice knows no statute of limitations.
I do not understand how he cannot be prosecuted due to the statute of limitations running out, but how then are people who were "allegedly" molested by priests 30 years ago still allowed by law to sue??????
Obviously, it's okay for sports coaches to molest people but not priests is your answer, bmac-4314069. Get ready because the same will be true for Sandusky and he will walk too. Now all you proponents of the legal system can climb up on your pedestals and start shrieking "If you don't like it then go to some other country!" As each and every one of these cases gets dismissed the United States becomes just like those other countries so there is no need to go there!
The statute of limitations that binds the prosecutor applies to criminal prosecution. The rules for a civil suit are different.
Let the civil suits begin!
I am impressed with Fitzpatrick for communicating his message clearly, and encouraging an understanding of the constraints of the law. In contrast, the Federal judge that signed the search warrant has me scratching my head. This warrant apparently makes the implicit assertion that there is a special type of pornography that can be used "to sexually arouse or groom young males" to have sex. How is this special class of pornography distinct from the "normal" pornography that is found on the computers of 90% of males over the age of 18..... Hmmm.... Make that 15 or 16. I guess it's one of those things, "you know it if you see it.". If the Feds are going to convince a jury that this special grooming pornography, which they have apparently found (!!!), proves the case against Bernie Fine, I think they may need a special kind of jury pool.... I also saw in an earlier Post-Standard article that the Feds claim jurisdiction over any case that may involve a computer that was made in a foreign country, because it involves interstate commerce. Wow, does that mean that Congress can Federalize parking tickets, if they involve cars with parts made in Japan or China? A great new source of revenue for them... the fines that they could collect on those tickets!
For all those incensed by statute of limitations....if you listened to the DA press conf this morning, the offense alleged is a misdemeanor in NY....having a statute of limitations is perfectly reasonable. Pay attention...
Blame, he said, stops with one man: "Hasn't Bernie Fine caused enough pain in this community?" Fitzpatrick said.
Fitzpatrick said he wouldn't judge Fine.
"It is not my place to pronounce Bernie Fine guilty of anything," he said.
Does anyone else find this frightening? The DA says essentially, "I won't bring charges but he's guilty, not that I'm judging him." This guy's nuanced use of language is quite deceitful. The investigation set out to find if the accusers were 'truthful', but he says instead, that they were 'credible' 'on almost every single criteria.' The two are not the same and he pointedly abstained from saying that they were 'truthful.'
Here's a guy who obviously couldn't make a legal case that could be prosecuted in court so instead decided to take it upon himself prosecute in public. He (Fitzpatrick) is of questionable character.
This, unfortunately, is not the first time that our "justice" system first shoots and then backpaddles. I do sense a contradiction in here, why if the boys with dollar signs in their eyes seem credible, why the about face? I don't care what the whole nation says, but this guy is going to be, for the rest of his life, a perceived "child" abuser, which in layman terms, is just as good as being convicted on a court of law, specially since 9/11, which could have been prevented, facts, the truth matter not, but perceived "truth."
Another thing about that name, District Attorney William Fitzpatrick. Is this joker the same as that coward who refused to bring charges for uncovering a CIA, Criminals In Action, agent? Because at the time of his "investigation" of the crimes by the WH, refused to prosecute the Orcas of war crimes, corruption, crimes galore, to go after that sardine of Scott Libby, when all roads led to the reard pervert from Texas and that Dart Vader with that evil and crooked perennial grin of his. Or maybe and it's quite possible, someone made him an offer he couldn't refuse or the price was right. Whichever, he should be sued for killing this coach's reputation. If the FBI had to pay compensation to the Atlanta's olympics' "person of interest?", this guy deserves to pay with his job at least and see how he likes it being part of the 99%. Maybe then we could know what really happened pre 9/11, when he has to live under a bridge. You don't know how much he can remember then. 9/11 will be a picnic if this guy decides to sing.
Why is there a statute of limitations for adult males having homosexual sex with young boys? Why doesn't Congress fix this? The issue has been well known for years! Are they afraid of gays attacking them? This pedophile behavior is clearly a homosexual behavior. Might that be the root cause? Of course it is politically incorrect to call the behavior between this adult and these kids homosexual sex! Even though it is a fact! What can the people do? Congress makes it a crime to complain about homosexual sex! a hate crime! So that leaves pedophiles free to do their homosexual acts!
Pedophilia and homosexuality are NOT the same thing. The first is a power trip, a means of commanding power and sexual gratification through the manipulation of a child. Victims can be of either sex, but for pedophiles (who are almost 100% male), the victims are usually male because of ACCESS. Just about everyone would raise an eyebrow if an adult male other than a father was a central character in a young girl's life. But for boys, it is oftentimes encouraged with (thank God) no reprecussions. MOST men are decent and just and and moral in their dealings with other people's children, and just want to help see these boys grow into good, solid men. Boys are often mentored in sports and extra-curricular acitivities because of a missing father figure in the home. Although we are much more aware of the sick behavior of pedophiles since the media jumps from story to story, it is still not uncommon for parents to trust other adults to mentor their pre-teen children. Most of these relationships are healthy and good and help the child in his maturation process by giving him many adults to look up to. But enter the pedophile. He knows where to find children, so he puts himself in roles that will engender trust. And the grooming process can take years. Do all of you attend every single sports practice of your pre-teen child? Do you let him spend the night with a friend? Has he been on vacation with a family you know socially from your church or his school? Does he routinely "hang out" at a friend's house who has a pool or other attraction? Or is he in your sight every single minute that he is not in school?
And the statute of limitations is how long? Man the reporting on this site is really getting lame.
I'm really tired of hearing about "sex scandals" from a hundred years ago.
So somebody touched your crotch. Grow a pair and deal with it - sheesh. Maybe someone should answer for it on some level but it's definitely NOT worth a lawsuit and media attention. You would think that's the worst thing that's happening to kids in this world.
Statutes of limitations exist to protect the innocent. Unfortunately, sometimes the guilty benefit as well. But take heart in knowing that when justice doesn't appear to be served here on Earth that God, Himself, will see that righteous justice is served. We may never know for sure if Fine is guilty or not...or even if he is, he may never experience the kind of justice we desire. But if he is guilty, God's justice (and grace!) is far superior to anything we can throw at anyone.
Prosecutors from New York apparently have no baulls. First that maid who was raped by that psychotic serial rapist from France (Dominque Strass-"Con"); now this. Pray (or should I say "prey") you or a love one are not victims of a sexual assault in New York.
How in the world can this article say there is no likeness to the Penn State case? Both cases involve molestation of young boys by sick men. Now before you that proclaim Fine is innocent until proved guilty is not exactly correct. The DA is not filing charges because of a technicality of the statue of limitations. His own wife implicated him in 2002. I do agree that Boeheim should not be charged or fired as he did not commit these crimes. It is plausible to understand he was unaware of what his assistant coach was doing. We must move away from destroying innocent people's careers and lives because of what they should have known or could have done differently. They are human too and not infallible. Nevertheless, Boeheim and Paterno committed no crimes. The following quote came from another article:
Even though this article states there is not similarity in the two cases it does present this quote as a point to Paterno's innocence. His career and life long sacrifice to this school was destroyed unfairly by a group of weak minded individuals not once but twice. This speaks volumes of the Penn States Board of Directors ignorance and inability to reason. They do not qualify to sit on a board of any kind. Hopefully, they are haunted with this horrible decision to destroy Joe Paterno for the rest of their lives. Shame on all of them.