Bernie Fine Suing ESPN For $11M

((HT: CNYCentral))

The HQ knew this was coming, but not just how much of it was coming... according to papers filed in the United States District Court in Syracuse.

Attorneys for ESPN have moved the defamation case to Federal Court that was brought forward by the ex-Syracuse assistant basketball coach. Mark Schwarz and his producer, and the parent companies of ESPN- Walt Disney and Hearst- have all been removed as defendants in the Bobby Davis stories that aired...

A U.S. Magistrate has scheduled a court hearing for July 18th where a schedule will be drawn up...

Fine is claiming ESPN defamed him in November of 2011 when it reported on accusations by former team ball boy Bobby Davis that Fine has sexually abused Davis. Others came forward to pile on, but statutes of limitations were challenged and so were the alleged victims and their recollections...

The case outline is hyah...

Bobby Davis and Mike Lang are also suing Syracuse coach Jim Boeheim for slander for remarks he made in November 2011 when he called them "liars out for money" when they accused Fine of molesting them. The case is under appeal...

Here was the story when it initially broke:
((HT: ESPN))

Developing: Bernie Fine will not be facing charges

Bernie Fine

((ht: syracuse.com))

Uh oh....

All the hoopla last year surrounding former Syracuse assistant basketball coach Bernie Fine and the allegations he molested children have amounted to nothing.

According to a report released Friday morning, prosecutors, after going through 100,000 + documents and talking to 130 witnesses, decided there was no case.

Accusations by 4 different people who said Fine molested them while in their teens, surfaced just about a year ago. Those accusations and the allegations surrounding them cost Fine, a long-time assistant and confidant to Syracuse coach Jim Boeheim, to be fired from his job.

Two of those accusers, Zach Tomaselli and Floyd Van Hooser would later admit lying about Fine, the other two made allegations that were shaky at best.

The paper says Prosecutors will not disclose what they found or the reasoning for the decision.

Read the Syracuse.com story RIGHT HERE

You'll remember this all surfaced around the time of the Jerry Sandusky scandal at Penn State. While nobody on the record will say that was a reason for the allegations surfacing, it did call the question.

All of this doesn't do anything to help Fine, a well respected basketball man who has been un-employable since the accusations surfaced. We may never know the motivation behind it all, but it's cost the man his livelihood. And due to the nature of them, it's a livelihood that he likely will not ever be able to go back to, ever again.

Laurie Fine To Sue ESPN For Libel

She says that her reputation was destroyed when the stories aired about her husband, former Syracuse assistant Bernie Fine, in the past year as ESPN investigated the sexual abuse allegations in Syracuse...

ESPN is standing by their series of stories even as both ex-ballboys, Bobby Davis and Mike Lang, probably had their statute of limitations run out for any kind of case. A third man, Zach Tomaselli, has waffled about alleged abuse by Fine as well. Now serving time in a Maine jail Tomaselli says Fine abused him.

Laurie Fine also says that ESPN doctored an audio tape that the network played detailing her alleged knowledge of her husband's sexual behavior.

The family's house is now on the market, there is question as to whether or not Laurie and Bernie Fine are still married, and Laurie Fine actually held the news conference 45 minutes outside of town...

Here's CNYCentral's coverage...


And the presser in full...

Fine Accuser: "It Was All A Game"

((HT: CNYCentral.com))

That's what Zach Tomaselli is saying now... he's heading to a prison in Maine next week to start serving his own term of sexually abusing a teen at a summer camp. And, now if you believe him, the reason he went along with Bobby Davis was to get a lighter sentence in his own case... and an apparent hatred of Syracuse basketball since he's a Kansas fan...

Tomaselli now says he has never met now-former Syracuse men's hoops assistant Bernie Fine in his life...

Here's the latest...


The HQ is now going to take a shower... again...

Bernie Fine Accuser Wants Civil Case Halted

((HT: WSYR-TV Syracuse))

In a simple statement from his attorney, Bernie Fine accuser Zach Tomaselli is indicating that he wants his civil suit against the former Orangemen assistant basketball coach halted...

From the office of Tomaselli attorney Jeff Kulikowsky:

“Our office, along with Co-counsel Alan Perer, is withdrawing representation of Zach Tomaselli and will be dismissing his case. We are sad and disappointed that we cannot pursue justice for Zach, but we will continue to support him in his recovery.”

Earlier this week you'll recall, current jailhouse attendee Floyd VanHooser admitted that he lied about a Fine molestation to get back at the coach for not supporting him in a criminal case. Two other former SU ball boys have come forward, but the statute of limitations for any molestation claim would have only applied to the Tomaselli case.

Tomaselli told both the Syracuse Post Standard newspaper and the Syracuse University student newspaper, The Daily Orange, that he lied and doctored emails in an effort to convince media that Fine molested him.

Here's the latest from Syracuse...


So, the HQ asks: Now what...???
We dunno, either...

And In Other Legal News... It's Civil, But Not In Syracuse

((HT: WSYR-TV))

Former Syracuse ball boys Bobby Davis and Mike Lang maintain they were molested by former assistant coach Bernie Fine. Davis and Lang are now in the process of suing Syracuse University as a civil matter.

Fine denies the allegations, but now a third man has come forward and accused Fine of the same thing.

Davis and Lang have hired attorney Gloria Allred, and at her first press conference, she said that the two men have filed a lawsuit in New York State Supreme Court.

Davis says "it really hurt me to learn coach Boeheim had accused me of lying."

Lang says when Boeheim suggested "my little brother and I were lying" he "felt sick to my stomach... coming forward is one of the hardest things I've had to do in my life."

More when we know more...

BREAKING: Syracuse DA Says Fine Witnesses Credible, BUT...

The statute of limitations ran out...

In a morning press conference, Onandaga County ((NY)) DA Bill Fitzpatrick sees credible statements from the accusers in the Bernie Fine investigation, but with the statute of limitations expired, his legal hands are tied...

Way to hang on to that information...

Here's the Fitzpatrick press conference...
((HT: CNYCentral.com))

Boeheim Apologizes For Early Remarks

((HT: WSYR-TV))

Syracuse basketball coach Jim Boeheim came out in his postgame presser and apologized for early remarks in the Bernie Fine investigation after the Orangemen's 72-68 win over Florida.

"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."

A lot of advocacy groups have called for Boeheim's head on a platter after his early defense of Fine and disparaging remarks of accusors...

Here's the coverage from Syracuse...


The folks from outside the Syracuse program may still get their wish, eventually, depending on the outcome...

Bernie Fine case: Who knew what in Syracuse?

Bernie Fine

((ht: syracuse.com))

For those of you following the allegations made against now former Syracuse Assistant Basketball Coach Bernie Fine, one thing is clear: Nobody is sure what the truth is yet.

On the heels of Sunday's release of an Audio tape with accuser Bobby Davis and Fine's wife comes a flurry of accusations.

One was made today (Tuesday). Frank Fowler, the Chief of Police in Syracuse released a statement saying that his department was made aware of Mr. Davis's allegations in 2002. Fowler also said that a detective spoke to Mr. Davis's then girlfriend about them and decided not to pursue a case. Fowler went on to say that former Chief Dennis DuVal was made aware of the allegations and that a decision was made not to proceed in part due to the "Statue of Limitations" running out on the case.

An aside: How the heck can there be an 8-year "Statue of Limitations" on reports such as this in New York? That may very well be one of the nations most absurd laws. It would render almost every case levied against the Catholic Church irrelevant.

Sorry about the rant there.

Read a full description of today's revelations from Syracuse.com RIGHT HERE

The other issue that is bubbling to the surface: ESPN. Yes, that's right. The 4-letter network themselves, who played excerpts from the Davis/Laurie Fine phone conversation Sunday on their Sports/News shows.

The outrage seems to be focused on ESPN not telling anyone they had the tape back in 2003, when Davis 1st brought his allegations to them. And yes, investigators are not happy about this.

ESPN has been quick to trot out its reporter, Mark Schwarz, who did the story that started this two weeks ago. Schwarz made the media rounds yesterday and was asked by CNN why the tape wasn't given to authorities.

His answer wasn't a good one, telling CNN, "Journalists aren't necessarily required or expected to hand over evidence that they did not obtain or create themselves to police." And while legally, Schwarz is probably correct, the morality is where the issues come in.

Schwarz's boss, Vince Doria went further saying they didn't use the tape when they got it, because they couldn't verify if it was indeed Laurie Fine that Davis was speaking to. Doria said ESPN was later able to confirm this, but didn't specify when.

And while the Internets proclaim ESPN is staging this story for their benefit, we find that very hard to believe. Yes, you can argue that they were trying to compensate for getting blown off the News map covering the Jerry Sandusky story at Penn State, it is taking a big leap by accusing them of hyping the Bernie Fine story to make up for losing.

And oh, lest we forget, there is an increasing clamor that Jim Boeheim, the head coach at Syracuse, who initially came out in vehement support of Fine, be fired. Boeheim, who has been at the school pretty much since the dawn of time has apologized for what he said, but the question now is; "What did he know?" Many say since he was the man in charge, he should have known about the allegations and investigations, especially since they started nearly 10-years-ago.

As you know, Fine has already lost his job at Syracuse and the investigation has now been taken over by the Feds. It should be. Nobody is sure exactly where things go from here, only that it's gotten really messy and somebody when it is all said and done, has got a lot of 'Splainin'...to do.

In the meantime, listen...and watch this mashup of what ESPN is saying and/or doing about this story on YouTube from user shakeyoureptile:

BREAKING: Syracuse's Fine Not So Fine... Now Fine Is Fired (UPDATED with Boeheim and Cantor statements)

((HT: WSYR-TV Syracuse))

Syracuse University assistant basketball coach Bernie Fine has been fired by the university amid allegations that he sexually molested boys over several years.

A statement released Sunday night from the university's senior vice president for public affairs, Kevin Quinn, says, "At the direction of Chancellor Cantor, Bernie Fine’s employment with Syracuse University has been terminated, effective immediately."

Here's the latest from WSYR-TV on when Bobby Davis audiotaped a conversation with Fine's wife in 2002 discussing the alleged abuse...

One of the key quotes from Laurie Fine:
"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 someone you shouldn't have."



More when we know more...

2100 UPDATE: Head Coach Jim Boeheim released a statement through the school's Facebook page:

“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. I believe the university took the appropriate step tonight. What is most important is that this matter be fully investigated and that anyone with information be supported to come forward so that the truth can be found. I deeply regret any statements I made that might have inhibited that from occurring or been insensitive to victims of abuse.”

The full statement from Chancellor Nancy Cantor can be found hyah...

Syracuse Apparently Not Cooperating With DA Office

((HT: WSYR-TV Syracuse))

Onondaga County ((NY)) DA William Fitzpatrick says Syracuse University police are not helping the DA's office's in their investigation of Syracuse assistant basketball coach Bernie Fine.

Fitzpatrick said he had to get a court subpoena Monday ordering police to turn over records. Fitzpatrick also admitted when the subpoena was served to the deputy chief at the University, it was greeted with colorful metaphors.

Classy... allegedly...

"I've never seen this happen in my history with the DA's office," Fitzpatrick told the Syracuse Post-Standard.

Here's Boeheim addressing all the allegations on their 9.2 channel simulcast of local sports talk radio...

Molestation charges in Syracuse: Tough decisions

Bernie Fine

((ht: syracuse.com))

**UPDATED WITH STATMENT FROM FINE**

Perhaps it was a result of the chaos at Penn State. Perhaps it was something a long time coming. Maybe it was somewhat questionable investigating. Either way, two brothers are alleging that Syracuse University basketball assistant coach Bernie Fine molested them when they were kids.

The accusations are not new. 39-year old Bobby Davis made them to the Syracuse Post-Standard back in 2002, ESPN in 2003 and the University themselves in 2005. Davis said the improper behavior began in the early 80's when he was a ball boy for the basketball team and for a time lived at Fine's home, in the basement.

ESPN also prepared a story on this around the same time.

Davis told them at the time he was trying to prevent Fine from doing anything to other kids. Both the newspaper and ESPN investigated along with Syracuse police and the University as well. None of the organizations at the time found anyone to corroborate Davis's story or evidence a crime was committed.

ESPN held the story until Thursday night when they came forward with a corroborating witness, Davis's step brother Mike Lang.

Read the story from the Post-Standard RIGHT HERE

Read the ESPN "Outside-the-lines" story RIGHT HERE

Fine, who has been the top assistant to Syracuse coach Jim Boeheim, was placed on administrative leave by the school immediately and the school along with police, have re-opened their investigation.

Boeheim issued a statement defending his friend:

"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 have been involved in any of the activities alleged. Had I seen or suspected anything, I would have taken action. Bernie has my full support."


The schools chancellor, Nancy Cantor (no relation) issued a statement, you can read it by following the link RIGHT HERE

This is a difficult story, particularly in light of what is happening at Penn State. It certainly is something that must be taken very seriously and it appears that everyone involved is, contrary to what Penn State did.

It is extremely hard to tell if Davis and his step-brother are just looking for publicity or there is a serious issue.

On the other hand, the school has been extremely pro-active it appears in investigating the allegations. More than once. Multiple people within the administration are willing to stick their necks out on this. For Jim Boeheim to say what he did, if Fine was found guilty, would be career suicide. And nobody thinks Boeheim would do that.

**UPDATE**--Bernie Fine issued a statement Friday afternoon denying all charges leveled against him. Fine, via his attorney said - "Simply put, these allegations are patently false in every aspect. The fact is that these allegations have been thoroughly investigated multiple times. When evaluating the veracity of these accusations, please keep in mind that credible media outlets were approached in the past to publicize these false allegations and declined to do so. I fully cooperated with all past inquiries.


"Sadly, we live in an allegation based society and an internet age where in a matter of minutes one's life long reputation can be severely damaged. I am confident that, as in the past, a review of these allegations will be discredited and restore my reputation. I hope the latest review of these allegations will be conducted expeditiously.


"Finally, I appreciate the Chancellor's statement that I should be accorded a fair opportunity to defend myself against these accusations. I fully intend to do so. There should never be a rush to judgement when someone's personal integrity and career are on the line."

ESPN has graciously provided an embed for this story, watch for yourself and try deciding: