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Fine Allegations

Bernie Fine not charged after federal investigations into child molestation allegations conclude

UPDATED: Nov. 9, 2012, 3:19 p.m.

Former Syracuse University men’s basketball associate head coach Bernie Fine will not be charged after a nearly yearlong investigation into child molestation accusations.

The U.S. Attorney’s Office is closing its investigation due to insufficient evidence to pursue federal criminal charges against Fine, who was accused of child molestation last November, Executive Assistant U.S. Attorney John Duncan said. Fine’s lawyers have been notified of the closed investigation.

Approximately 130 witnesses were interviewed, and investigators poured through more than 100,000 pages of documents, including electronic mail messages, travel records and financial records, as well as items seized during the execution of federal search warrants, Duncan said.

Neither Fine nor anyone else will be charged.



Kevin Quinn, SU senior vice president for public affairs, said in a statement that the university appreciates the work of the U.S. Attorney and his staff, and that the university took the appropriate step in firing Fine last November.

“We cooperated and we appreciate the extensive work the U.S. Attorney and his staff did over these past months,” Quinn said. “The decision last November regarding Mr. Fine’s employment was the appropriate step to take and it was made in the best interest of the University.”

Fine was accused on Nov. 17, 2011, of sexually abusing two former Syracuse University ball boys, Bobby Davis and his stepbrother Mike Lang. SU fired Fine 10 days later.

Fine has denied all accusations.

Davis and Lang both accused Fine of molesting them during the 1980s when they were teenagers. Lang denied being molested when The Post-Standard investigated Davis’ initial accusation in 2002.

Two men, Zach Tomaselli and Floyd VanHooser, came forward and said Fine molested them as well, but they eventually admitted they lied.

Upon receiving the allegations that Fine had engaged in sexual activity with minors, the U.S. Attorney’s Office opened the investigation, working closely with the Syracuse Police Department and the U.S. Secret Service, which provides assistance in investigations regarding the exploitation of children, Duncan said. The Behavioral Analysis Unit of the FBI provided specialized investigative support as well.

In analyzing the investigation’s results, Duncan said the U.S. Attorney’s Office applied the Department of Justice’s principles of federal prosecution, which seek an indictment only when “admissible evidence will probably be sufficient to obtain and sustain a conviction.”

Duncan said the U.S. Attorney’s Office had not developed sufficient credible evidence. Closing the case, however, does not constitute a conclusion as to what may or may not have happened.

Chief Frank Fowler of SPD issued a statement on Friday afternoon, addressing the end of the investigation.

“One year ago the Syracuse Police Department was presented with compelling evidence and allegations of child sexual abuse. Although this alleged abuse had occurred many years ago, we believed that it was our duty and obligation to conduct a thorough and intensive investigation in to this matter to be sure that there was no other current or ongoing abuse of children,” Fowler said in the statement.

“We also felt it was important to investigate whether any steps were taken to conceal this alleged abuse,” the statement continued. “This year long investigation has determined that no state or federal charges are possible at this time.”

A call made to Fine’s DeWitt home on Friday morning was not returned and no one answered the door when a Daily Orange reporter visited seeking his comment.

—Staff writer Debbie Truong contributed reporting to this article.





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