Onondaga County DA Will Not Bring State Charges Against Bernie Fine, But Calls Bobby Davis and Mike Lang Credible
Onondaga County District Attorney William Fitzpatrick held a press conference to publicly state his position on the Bernie Fine case. Was it some public grandstanding by a public figure? Sure. Ultimately, he stated that no charges will be brought by his office because the potential crimes that occurred in his jurisdiction are too old, and the statute of limitations has passed.
Fitzpatrick called the accusers, Bobby Davis and Mike Lang, credible and believable. Fitzpatrick would have brought these charges, not knowing how a jury would have ultimately decided, if not barred by the statute of limitations.
He also said that there was ”little doubt that Laurie Fine knew of an inappropriate relationship” and may have been subjected to criminal charges also.
As for Zach Tomaselli, the third accuser who has come forward in this case, claiming he traveled with team personnel and stayed with Fine in Pittsburgh, where he was abused, Fitzpatrick said, “Mr. Tomaselli has alleged no illegal conduct in Onondaga county.” School records show Tomaselli was in school, not in Pittsburgh, at the time he allegedly was abused.
If charges will be brought against Fine, it will have to be out of Tomaselli’s allegations, involving federal authorities for interstate travel involving Fine and Tomaselli in 2002.
Regarding the initial investigation in 2002: Syracuse police were initially contacted by a friend of Bobby Davis, and then a detective talked to him by phone while Davis was in Utah. The detective correctly informed him that the statute of limitations had run, but encouraged him to provide any information of anyone else that might be in danger. It sounds like the investigation was a short hand written note on that phone call.
Later, Chief Duval was asked by Post-Standard whether investigation of Bernie Fine was underway. Chief decided that file would not be opened until victim came forward.
From Fitzpatrick, who praised the detective in question as someone concerned with children’s welfare, “Certainly in hindsight, more should have been done to get him to come forward, to encourage him.”
On Syracuse’s investigation in 2005: Chancellor Nancy Cantor received an anonymous email alleging abuse by a member of coaching staff. Cantor forwarded and hired counsel to investigate. That file included unsworn statements from Davis, Bernie and Laurie Fine, and two phone conversations with members of the Athletic Department, including a person who had been present at a dinner with both Fine and Davis. It also involved questioning one other person who Davis offered as maybe being abused also. Other person denied being abused.
Fitzpatrick called the investigation by Syracuse was inadequate, “lacking intellectual curiosity, and ignoring several red flags.” He also said that “Child abuse investigations should be conducted by professional child abuse investigators”. However, he exonerated Chancellor Cantor and said that she always acted decisively, and only fault was in relying on that investigation. (“It’s hard for me to call a four month investigation a cover-up”).
On Bobby Davis and Mike Lang: “Bobby, I’m sorry it took so long. I wish I would have met you as a prosecutor in 2002, or even more, back in the 1980′s.”
So for now, we await and see whether Bernie Fine will face any criminal charges, whether any other more recent victims come forward, and whether the allegations made by Zach Tomaselli result in any federal charges.
Previously: Jim Boeheim Apologizes: “I Am Really Sorry That I Did That . . . It Was Insensitive”
Previously: Syracuse Post-Standard Explains Their Decision Regarding the Laurie Fine Tape
Previously: Jim Boeheim: “I Supported A Friend, That’s What I Thought I Did”
Previously: Jim Boeheim Should Be Suspended, But Not Fired, At This Point
Previously: ESPN’s Role in the Bernie Fine Investigation is Troubling
[photo via Getty]

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28 Responses to “Onondaga County DA Will Not Bring State Charges Against Bernie Fine, But Calls Bobby Davis and Mike Lang Credible”
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December 7th, 2011 at 11:57 AM
Safe to say he’s thinking about cock in that picture?
December 7th, 2011 at 12:09 PM
Mike Lange thinks Bernie Fine beat this rap like a rented mule.
December 7th, 2011 at 12:10 PM
I’ve been saying that Tomaselli was lying and trying to cover his ass in regards to his own criminal proceedings. Looks like that is true.
December 7th, 2011 at 12:11 PM
That picture is too good. Wow.
December 7th, 2011 at 12:13 PM
Tomaselli should get more time in prison just for being a lying bitch
December 7th, 2011 at 12:14 PM
I’ve been saying that Tomaselli was lying and trying to cover his ass in regards to his own criminal proceedings. Looks like that is true.
Why on earth do you say this now?
December 7th, 2011 at 12:16 PM
That picture is too good. Wow.
If Lisk picked that picture on purpose, it’s genius.
December 7th, 2011 at 12:16 PM
Jose Reyes is giggling like a schoolgirl as he puts on that awful new uniform.
December 7th, 2011 at 12:17 PM
Yup, this is so similar to Penn State
December 7th, 2011 at 12:17 PM
I said it on this site when we first started talking about it. It’s not hindsight on my part. Tomaselli said he traveled with team by bus from Syracuse to Pittsburgh. Fact: Syracuse traveled to Pittsburgh from Tennessee by plane at time Tomaselli alleges Fine abused him. Fact: Tomaselli was in school at that time.
He hasn’t been credible from the start and is now shown to be lying about things.
December 7th, 2011 at 12:19 PM
I said it on this site when we first started talking about it. It’s not hindsight on my part. Tomaselli said he traveled with team by bus from Syracuse to Pittsburgh. Fact: Syracuse traveled to Pittsburgh from Tennessee by plane at time Tomaselli alleges Fine abused him. Fact: Tomaselli was in school at that time.
I haven’t seen these things. Send me a link. I thought you meant the lack of charges means Tomaselli is lying. Nothing he has said would implicate a crime that would be covered by this DA.
December 7th, 2011 at 12:21 PM
http://www.orangehoops.org/GameResults/G2001-2002.htm
The schedule part is certainly believable. They played in TN the night of the 19th and were in Pittsburgh on the 22nd (I can confirm that, I was at that game!).
December 7th, 2011 at 12:23 PM
is it normal for there to be a statute of limitations on sexual abuse cases/accusations?
December 7th, 2011 at 12:23 PM
Tomaselli said he traveled with team by bus from Syracuse to Pittsburgh.
On this, I can tell you that he (Tomaselli) said he traveled with school personnel down to Pittsburgh, with a group of people traveling to game. Bernie wasn’t there. He met them in Pittsburgh. But send me the link.
December 7th, 2011 at 12:23 PM
Lisk, I looked through the previous syracuse posts and none of my thougths on tomaselli are in those. I know I discussed it here but I’m not sure what thread to look in
/post too much
December 7th, 2011 at 12:25 PM
Not sure about other states but in New York, yes.
He still would be making it up since records show he was in school.
December 7th, 2011 at 12:26 PM
is it normal for there to be a statute of limitations on sexual abuse cases/accusations?
I believe so. From what I recall, and the lawyers here can confirm or correct me, the only crimes that don’t have a statute of limitations are capital crimes.
December 7th, 2011 at 12:26 PM
Lisk, I looked through the previous syracuse posts and none of my thougths on tomaselli are in those. I know I discussed it here but I’m not sure what thread to look in
I’m not asking for your personal views, I’m asking for a link to a story saying he was definitely in school when he says he was in Pittsburgh.
The other part doesn’t contradict what he says, because the Syracuse team separately traveling to Pittsburgh is not inconsistent with his story. What would be inconsistent is if Syracuse had records saying no support personnel traveled to Pittsburgh from Syracuse for the game.
December 7th, 2011 at 12:27 PM
PPV these fuckers into a killing tournament. The winner continues on to the next season!
December 7th, 2011 at 12:27 PM
Sounds about right. Now if someone abused a child and transported them over state lines for such an act, that has no statute of limitations as it is a federal offense.
December 7th, 2011 at 12:28 PM
oh ok..I misread your request.
December 7th, 2011 at 12:34 PM
Why I said it was fact that he was in school and not in pittsburgh was due to what Fitzpatrick said today about evidence gathered from the school district, the college’s athletic department regarding travel plans, and you did state in this post ” School records show Tomaselli was in school, not in Pittsburgh, at the time he allegedly was abused.”
December 7th, 2011 at 12:35 PM
Lisk,
did you happen to hear Whitlock’s podcast with Tomaselli?
December 7th, 2011 at 12:39 PM
Why I said it was fact that he was in school and not in pittsburgh was due to what Fitzpatrick said today about evidence gathered from the school district, the college’s athletic department regarding travel plans, and you did state in this post ” School records show Tomaselli was in school, not in Pittsburgh, at the time he allegedly was abused.”
Ha! should read my own posts. That was not added by me. I missed that part. I heard the part talking about a victim 4 but thought he was talking about exculpatory evidence related to this unnamed victim 4. In fairness, my 3 year old was asking me for 30 things while I was taking notes, because I changed the TV from Little Einsteins.
December 7th, 2011 at 12:40 PM
Lisk,
did you happen to hear Whitlock’s podcast with Tomaselli?
I did listen to it Friday night.
December 7th, 2011 at 12:42 PM
What did you think after hearing it? It just blows my mind that this kid keeps talking to media.
December 7th, 2011 at 12:46 PM
ahh ok. Fitzpatrick said he doesn’t not regard alleged victim #4 as a victim in this case based on the person’s history within the legal system thus far. The exculpatory evidence was on Tomaselli. It has to be pretty damning to Tomaselli’s allegations if the DA is going to give it to Fine’s attorneys (oh and it’s part of the Brady regulations to do so).
One thing we can all agree on is how fucked up this entire situation has become.
December 7th, 2011 at 2:10 PM
I’m skeptical. Syracuse never schedules out-of-conference games out of state.