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Judge dismisses lawsuit against Boeheim, university

Bobby Davis and Mike Lang's defamation suits against Jim Boeheim and Syracuse University have been dropped by a local New York State Supreme Court judge.

In a 30-page decision released Friday by judge Brian DeJoseph, the defamation suit against Syracuse University and its men's basketball head coach was dropped.

The lawsuit, led by Gloria Allred on behalf of Bobby Lang and Mike Davis, accused the University and Boeheim of slandering the two men in their response to accusations they made stating that Bernie Fine sexually abused them as children. DeJoseph's decision stated that because Boeheim's comment suggesting the men were making the accusations in pursuit of money was an opinion, rather than a statement of fact, that he and SU were protected from such a lawsuit going any further.

Allred said she plans on appealing the decision, according to the Syracuse Post-Standard.

If such an appeal does not happen, then an ongoing federal investigaton would be the only active legal action surrounding the Bernie Fine controversy. Fine was fired Nov. 27 after a conversation between Bobby Davis and Fine's wife, Laurie, discussing Davis's molestation was released.

Though Onondaga County District Attorney William Fitzpatrick said he would have been comfortable taking Fine to court on the alleged molestations, the New York statute of limitations had already expired.

Fine hired by Israeli club

Bernie Fine has signed on for his first job since being fired by Syracuse University last year.

Maccabi "Bazan" Haifa, more commonly known as Maccabi Haifa, has hired former SU men's assistant basketball coach Bernie Fine as a consultant.

Fine's contract was terminated late last year amid sexual assault allegations leveled by Bobby Davis and Mike Lang. According to ESPN, Haifa is ownned by Florida-based businessman Jeffrey Rosen. The club announced that he will advise the team on personnel decisions regarding both players and coaches. Fine's official title is basketball consultant.

Nearly half the team's squad is American or has roots in the United States.

The Israeli Super League regular season ends Saturday. Haifa may be relegated to the second division depending on this weekend's results. is currently waiting for a response from the club.

Tomaselli recants it all

Zach Tomaselli admits he fabricated his sexual assault allegations against former SU basketball assistant coach Bernie Fine.

Zach Tomaselli admitted lying about his sexual assault allegations against Bernie Fine.

He called the false allegations "a game" that he did not want to continue. He told CNY Central that he doesn't usually have feelings and hates people without caring.

According to an email sent to Matt Mulcahy by Tomaselli, Bobby Davis, the first man to accuse Fine of sexuall assault, told him what to tell detectives. Tomaselli's integrity was seriously called into question after he confused the team SU's men's basketball team played against at the time of the alleged abuse, according to an interview in The Daily Orange, published Feb. 6.

Tomaselli will begin serving a three-year sentence for sexually abusing a teenager at a summer camp where he worked.

He reportedly expressed regret over damaging SU head coach Jim Boehem's name. Boeheim and Syracuse University are being sued for defamation by Davis and Mike Lang, Davis's stepbrother and second accuser in the Fine scandal.

Bernie Fine's house goes on market

The former SU basketball assistant coach has put his Dewitt house up for sale.

Listed at $549,000, the house of Bernie Fine, former assistant men's basketball coach, is up for sale at 7001 Tiffany Circle, in Dewitt.

Though no open houses are currently scheduled, interested buyers will be able to request private showings with Mary Jo Heitkamp-France, a realtor for RealtyUSA. According to a March 29 article in The Daily Orange, the Fines bought the home for $285,000 in 2001.

The 13-room house, built in 1985 is across the street from Jim Boeheim's in the Limestone Hill subdivision of Dewitt, an eastern suburb of Syracuse. The property has been assessed at $305,000 and the average tax assessment of the circle is $633,000.

In November Bobby Lang and Mike Davis accused Fine of sexually assaulting them. On Nov. 27, he was fired by Syracuse Unviversity. Fine cannot be prosecuted on account of Lang and Davis' allegations as the statute of limitations on their allegations has expired.

Boeheim, SU defamation suit to be heard in Onondaga County

A State Supreme Court judge ruled Wednesday that Bobby Davis and Mike Lang's defamation suit against Jim Boeheim and Syracuse University will be held in Onondaga County.

Brian DeJoseph, Onondaga County State Supreme Court judge, ruled that the Bobby Davis and Mike Lang's defamation suit against Jim Boeheim and Syracuse University will have to be held in Onondaga County.


In his ruling, he stated the attorneys for Davis and Lang failed to prove that an unbiased jury could not be found in Onondaga County.


Gloria Allred, one of the attorneys representing the two stepbrothers, originally filed suit in New York County December 30. On January 17, Boeheim's defense filed for the case to be moved to Onondaga County, citing that none of the parties to the case live in New York County.


Allred and her team of attorneys, including Mariann Wang, made arguments that some former players might live in New York County, but the argument was unsuccessful in New York City and in Syracuse.


Allred told the Post-Standard via email that her team reviewed DeJoseph's decision and does not plan to appeal at this time. 

Davis and Lang, Boeheim and university play waiting game

A decision is pending over the location of Bobby Davis and Mike Lang's defamation suit against Jim Boeheim and Syracuse University.

New York State Supreme Court Justice, Brian DeJoseph heard arguments Tuesday morning regarding the defamation suit against Jim Boeheim and Syracuse University, according to an article posted Feb. 21 in the Post-Standard.

Mariann Wang, an attorney for Mike Lang and Bobby Davis -- the first two accusers in the Bernie Fine saga -- argued for their defamation case to be heard outside of Onondaga County, citing bias in a community in which Jim Boeheim and Syracuse University are embedded, according to the article. The defense, represented by Mary Beth Hogan, countered that jury selection would weed out any "crazed fans," according to the article.

DeJoseph said he will likely make a decision Wednesday evening.

Wang and Gloria Allred originally filed suit against Boeheim and SU over comments he made in the wake of Davis and Lang's sexual assault allegations against then-assistant SU basketball coach, Bernie Fine. Boeheim had said that the accusations were about money.

On Dec. 30, Allred filed suit in New York County State Supreme Court. Boeheim's lawyer, C. James Zeszutek then filed for the case to be moved to Onondaga County on January 17. Arguments were heard in New York City on the issue on Feb. 10.

Should DeJoseph decide to move the case to Onondaga County, his ruling would be final, barring an appeal to a higher court, according to the article. Neither Davis and Lang nor Boeheim were present at Tuesday's hearing.

Laurie Fine responds to Davis affidavit

Davis accuses Fine of sexual relations with SU basketball players.


Bobby Davis's affidavit in his defamation suit against Syracuse University and Jim Boeheim alleges that Laurie Fine had sexual relations with SU basketball players.
The complaint was announced on December 13, 2011 under the official title Bobby Davis and Michael Lang v. James Boeheim and Syracuse University. Edward Menkin, Fine's lawyer, responded to the allegations on Tuesday. 
"This is both desperate and dsigusting, an example of a lawyer flailing about to keep a dying lawsuit in the public eye," Menkin told The Post-Standard.


The affidavit alleges that Boeheim and the University should have been aware of this misconduct in addition to the sexual assault allegations directed at Bernie Fine. Shortly after Davis and his step-brother, Mike Lang, publicized their allegations, Boeheim defended his long-time friend and assistant, saying that the accusations were about money.


In the affidavit, Davis states that "players used to joke openly ... that Laurie Fine 'gave good head' and was great in bed."


Gloria Allred, Lang and Davis's attorney in the case, could not be reached at the time of publication.


Syracuse University Vice President, Kevin Quinn is handling the issue for the school." Wewill respond to the plaintiff's lawsuit and their various allegations at the appropriate time," Quinn said via email.


Tomaselli keeping Fine investigation alive

Despite recent reports indicating that Zach Tomaselli was requesting the end of the Bernie Fine investigation on his behalf, statements released today suggest otherwise.

Contrary to yesterday's reports, Zach Tomaselli, the third accuser in the Bernie Fine controversy, has stated via email that he was "misunderstood" in that report by the Syracuse Post-Standard.


While Tomaselli and his attorneys are requesting that the civil suit against Fine in Pittburgh's Allegheny Court of Common Pleas ie dropped, Tomaselli is not requesting that federal and local authorities discontinue their investigation. Federal agents and Syracuse police were not obligated to stop their investigation, though Onondaga County District Attorney, William Fitzpatrick did hand over "exculpatory material" regarding Tomaselli to federal authorities in early December. This included school records as well as University hotel and travel records suggesting that Tomaselli's story did not add up.


Tomaselli, who is facing sentencing in February for sexual abuse against a Maine teenager, is the only alleged victim of Fine's within the New York State statute of limitations for sexual abuse.

Tomaselli drops case against Fine

Tomaselli bows out on his end of the Fine saga.

After a tumultuous 48 hours, Zach Tomaselli has asked the Syracuse Police Department to stop the Bernie Fine investigation on his behalf.

Tomaselli's accusations against Fine were first made public on November 31. That statement alleged that Fine had molested him the night before a Syracuse game against the University of Pittsburgh in the team's hotel room before the game. The game in question was played on Jan. 22, 2002.

On Thursday, however, fifth-term Onondaga County District Attorney, William Fitzpatrick revealed that when authorities first interviewed Tomaselli he was unclear in regard to Syracuse had played the day after the alleged incident, speculating that it was a rival, possibly UConn. Tomaselli claims that a friend later reminded him that he went to a Pittsburgh game instead, resulting in the public accusation.

Tomaselli then filed a civil suit against Fine on Dec. 8 in the Allegheny Court of Common Pleas. That suit is also being dropped according to a statement given to the Syracuse Post-Standard by Tomaselli's lawyer, Jeff Anderson.

He also told the Daily Orange as well as the Post-Standard that he falsified emails and lied to members of the media in attempts to gain traction for his allegations. He still maintains the accusations. In a text message sent to The Post-Standard he wrote, "But he did do it. Im not lying."

Phone calls to both Fitzpatrick's office and Fine's attorney, Karl Sleight, were not returned.

In February, Tomaselli faces sentencing for sexually abusing a Maine teenager. Said Tomaselli, "I have a couple weeks left to live. I want to be left alone."

Fourth Fine accuser admits he was lying, wanted revenge

Floyd VanHooser stated, via letter, that his accusations against Bernie Fine were false.

Floyd VanHooser, the fourth man to come forward with allegations of sexual assault against Bernie Fine, has renounced his accusations. 

VanHooser is currently incarcerated at Clinton Correctional Facility in Dannemora, N.Y. for multiple counts of burglary and petit larceny. Onondaga District Attorney, Williams Fitzpatrick, had originally dismissed New York Daily News reports regarding a fourth accuser, at one point stating, "There is no fourth accuser."

A former girlfriend of VanHooser's, Cindy Clarke, corroborated parts of VanHooser's story, saying that he had revealed Fine's alleged abuse to her shortly before they broke up. Fine had helped VanHooser on a number of occasions throughout his life. At one point VanHooser had listed his legal address as Fine's. Fine also paid him for painting and odd jobs on his home, in addition to helping him get a job working at a Syracuse University fraternity house.

VanHooser told investigators that Fine had abused him on three different occasions - 1998, 2001, and 2011 - during which Fine paid him for oral sex. According to a recent letter sent to The Post-Standard, VanHooser immediately felt guilty thereafter. In the letter, VanHooser wrote, "Bernie has been nothing but good to me over the years. He was the only thing I had close to a father. He never did anything wrong. He is a good man."

The false allegations were put forth, VanHooser stated, because he wanted "revenge" for Fine's refusal to pay for his most recent legal fees. Neither party has yet to take legal action.