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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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Here it was a male grade school teacher. Well respected by the community. Active with his church. Volunteered to be the leader on camp outs for the church kids. Joined a singles group, volunteered to keep the single mothers kids on overnight stays.
Four years later after being sexually abused by this man. The children started talking to their parents. Charges were filed. It went in front of the judge. You could see the tears in the judge, that stated the state haves a 2 year statute of limitation on these crimes. He was released, free to go.
The school hands were tied, facing a law suit if they fired him. They told him that he will be released at the end of the school year. He got paid until then without teaching. Social service did put his name on the States sexual abuser list. He left our town immediately after court.
The judge talked to the children. Telling them how proud he was of them. Telling them they have prevented other children in our community to be sexually abused. He called them heros. The Judge went to the State, to get the statute of limitation changed to 20 years. In the end, it got changed to 5 years.
this Fine guy looks like Barney Frank maybe they can hook up since both
are retired and do each others laundry
Now, this scum bag can do it again. This is bull in this country, letting these ass-holes get away with what they done. Money gets you out of everything, even murder. Ass-holes.
Maybe it was just about protecting other boys. Sad that you have to assume the worst. However, the article FAILED to mention WHY the DA could not bring charges.
when i was a kid i was forced to joing the altar boys and the boys scouts. in both places
i was given funny looks and touched on my shoulders and grabbed and bear hugged but
nothing more serious but i quit and instantly told my parents. of course my mom did not
want to believe but my dad did and i did not have to go anymore. years later both were
accused of some kind of abuse! this was mid 70's and we just didn't really hear about this
stuff back then and nobody talked about it but i knew it was wrong. i believe these guys
stories and this guy is a sicky! you know they always assume it's the weirdo or long hair
guy or a gay person when it's always a stand up person in the community or some guy
like this who looks and acts like he's all that! this guy is guilty!
There are two sets of laws in this country one for the rich one for the poor. Thas the way it is nothing is going to change it.
Although these crimes are disgusting, immoral, perpetrated by a predator to usually defenseless people, the legal system is the only one we have. The statute of limitations should be changed for this kind of crime. It needs to be changed for sure.
Most abuse is not something that the abused person wants to speak about because it is too much too difficult to discuss they keep it quiet for so long that the statute of limitations happens. It is offensive to those who do tell do not either believe it or DO NOT WANT TO BELIEVE IT. There is a difference and it doesn't matter who the predator is. Most don't want to believe that abhorrent things happen to children. Wake up and believe them little dudes cannot make that up.
Parents with small children shouldn't take this lightly. These sexual abusers of children are pros in their trade. After they abuse the child, they tell the child they will be condemned by their parents, seen as a bad person. They state to the child, that they will never condemn them or see them as bad. That their love for them is strong. It's not till the child gets older, to report this abuse to the parents. Some never come forward. 98% of adults that volunteer their services are good outstanding adults. Keep a open communication with your child with a education of 2% bad people. Let them know you will never condemn them or see them bad, if they come and tell you on what might of happened from a bad person. Your open communication is the answer for your child to be safe. The sexual abusers stay away from a strong bonded family. They look for the weak.
The Syracuse DA cannot file charges at this point in time. The US Attorney is investigating to determine if any of the abuse happened outside New York State. If there is any evidence that it happened in another state (while the team played at another venue) the statute of limitations is voided and under federal lae there is no statute of limitation for sex abuse of a minor. . Also, there is evidence (yet to be officially documented) that both Fine and his wife had sexual relationships with at least one of the young men. We will have to wait for the FBI and Secret Service to make any statements about what was found in the items removed from Fine's home, office and safe deposit boxes. Initally the DA reported his office was never contacted but he revised that statement and said his office did get calls but it seems like someone dropped the ball on that one.
This is the new "Witch Hunt" in America. This is a great time for any one that has had contact with any university coach in this country to make some fast cash. This is a great time for D.A.'s to advance their careers! Hey! Maybe I can get some money off of my hockey coach who tapped me on my leg after a game and said, "you played really great tonight." I never thought about it for 38 years but now I'm starting to think he may have molested me? Anyways, who cares. I could use some extra cash...
If you had been following this story, you would know the Syracuse police have been sitting on this tape since 2002 also...
It's aways go to have friends in high places...
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If I was one of the kids he did that to years ago, as a grown man would take care of Bernie myself. I would take a baseball bat to that old pervert. His days of hurting children would be over when I got done with him.