Third Alleged Victim, Audio Recordings Lead To Associate Coach's Ouster

SYRACUSE, N.Y. (CBSNewYork/AP) — The Syracuse University child sex-abuse investigation is widening. The U.S. Attorney’s Office has taken the lead role.

Assistant basketball coach Bernie Fine was fired Sunday night after a third allegation of abuse surfaced, and a secretly recorded audiotape featuring his wife emerged, reports CBS 2’s Lou Young.

Fine’s employer and alma mater folded in the face of mounting evidence that the now 65-year-old assistant coach may have groomed and abused young teens attracted by the glamor of the school’s successful basketball program.

A third accuser now says he was 13 when it happened to him.

Zach Tomaselli, 23, of Lewiston, Maine, said Sunday that he told police that Fine molested him in 2002 in a Pittsburgh hotel room. The third accuser to come forward, Tomaselli said Fine touched him “multiple” times in that one incident.

Tomaselli, who faces sexual assault charges in Maine involving a 14-year-old boy, said during a telephone interview with The Associated Press that he signed an affidavit accusing Fine following a meeting with Syracuse police last week in Albany.

Tomaselli’s father, meanwhile, maintains his son is lying.

“I was in the hotel room and he would put his hand down my shorts whenever I was sitting watching TV,” Zach Tomaselli said.

That was 10 years ago, the same year former Syracuse ball boy Bobby Davis called Fine’s wife to gather evidence about his alleged abuse in late 1980s.

In the recording first released by ESPN, a woman the network identifies as fine’s wife, Laurie, seems to know a lot about alleged behavior.

“I know everything that went on, you know. 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 somebody you shouldn’t have,” the woman says on the recording.

Davis said he also had a sexual relationship with Laurie Fine when he was 18. It’s allegedly why she took his phone call years later to discuss her husband’s shortcomings.

Davis also acknowledged in an interview with ESPN that he and Laurie Fine had a sexual relationship when he was 18, and that he eventually told Bernie Fine about it.

“I thought he was going to kill me, but I had to tell him,” Davis said. “It didn’t faze him one bit.”

During the call to the woman, Davis repeatedly asks her what she knew about the alleged molestation.

“Do you think I’m the only one that he’s ever done that to?” Davis asked.

“No … I think there might have been others but it was geared to … there was something about you,” the woman on the tape said.

On the tape, she also says she knew “everything that went on.”

“Bernie has issues, maybe that he’s not aware of, but he has issues. … And you trusted somebody you shouldn’t have trusted … ”

During the call, Davis tells her he asked her husband in the late 1990s for $5,000 to help pay off his student loans.

“When he gave you the money, what does he want for that?” she asked.

He tells her that Fine wanted to engage in sexual activity in several ways.

“… And I’d try to go away, and he’d put his arm on top of my chest. He goes, ‘If you want this money, you’ll stay right here,'” Davis said.

“Right. Right,” she said. “He just has a nasty attitude, because he didn’t get his money, nor did he get what he wanted.”

In an email to the Syracuse University community, Cantor said that taped phone call was not given to the school by Davis during its 2005 investigation.

As CBS 2’s Otis Livingston reports, SU head basketball coach Jim Boeheim is now dealing with the backlash following statements he made in defense of Fine when the story first broke a few weeks ago.

“It’s been good for 36 years and we’ve been through a lot and well get through whatever happens,” Boeheim said Monday.

That’s now in question for Boeheim. Will he get through this? Boeheim defended his long-time friend and associate head coach when the sex abuse allegations first surfaced earlier this month, claiming that the victims had made up the abuse claims to make money.

“I’ve been friends with Fine for 50 years and that buys a lot of loyalty from me,” Boeheim said.

But following Fine’s dismissal Sunday, Boeheim backtracked and apologized saying he deeply regrets being insensitive to victims of abuse and for making any statements that inhibited people with information from coming forward.

“The allegations that have come forth today are disturbing and deeply troubling,” Boeheim said in a statement released by the school on Sunday.

“I am personally very shocked because I have never witnessed any of the activities that have been alleged,” he added. “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.”

And now Boeheim is feeling the heat.

On Monday, the Survivors Network of those Abused by Priests called for Syracuse to take “decisive action” against their head coach.

“We’re glad that Bernie Fine has been fired but it’s crucial that Syracuse University officials discipline Jim Boeheim for his extraordinarily hurtful recent comments attacking abuse victims,” SNAP director David Clohessy said in a statement, according to the New York Daily News. “Boeheim’s apology will do little or nothing to ‘undo’ the harm he’s caused. Nor will it deter others from making similarly callous comments in the future.”

Tomaselli, for one, said he doesn’t think Boeheim is at fault.

“To my knowledge Boeheim knew nothing about me and hotel rooms and never saw me and I actually have never been formally introduced to coach Boeheim.  He shouldnt be fired,” Tomaselli said Monday night.

When the accusations first became public Nov. 17, Boeheim adamantly defended his lifelong friend.

In an interview that day with the Post-Standard, Boeheim attacked Fine’s first accuser for going public.

“The Penn State thing came out, and the kid behind this is trying to get money,” Boeheim said. “He’s tried before. And now he’s trying again. If he gets this, he’s going to sue the university and Bernie. What do you think is going to happen at Penn State? You know how much money is going to be involved in civil suits? I’d say about $50 million. That’s what this is about. Money.”

“If the university really wants to move forward, and create a safe climate for abuse victims, it must take decisive action against Boeheim,” said Clohessy.

Fine was fired Sunday night after Tomaselli accused him of molesting him nine years ago.

“At the direction of Chancellor Cantor, Bernie Fine’s employment with Syracuse University has been terminated, effective immediately,” Kevin Quinn, the school’s senior vice president for public affairs, said in a statement.

Fine, who turns 66 in December, held the longest active streak of consecutive seasons at one school among assistant coaches in Division I. He has denied the allegations.

Two former Syracuse ball boys were the first to accuse Fine, who has called the allegations “patently false.”

Davis, now 39, told ESPN that Fine molested him beginning in 1984 and that the sexual contact continued until he was around 27. A ball boy for six years, Davis told ESPN that the abuse occurred at Fine’s home, at Syracuse basketball facilities and on team road trips, including the 1987 Final Four.

Davis’ stepbrother, Mike Lang, 45, who also was a ball boy, told ESPN that Fine began molesting him while he was in fifth or sixth grade.

No one answered the door at the Fine home Sunday. Before Fine’s firing, his attorneys released a statement saying Fine would not comment beyond his initial statement.

“Any comment from him would only invite and perpetuate ancient and suspect claims,” attorneys Donald Martin and Karl Sleight said. “Mr. Fine remains hopeful of a credible and expeditious review of the relevant issues by law enforcement authorities.”

Tomaselli said the scandal at Penn State involving former assistant football coach Jerry Sandusky prompted him to come forward. Sandusky is accused in a grand jury indictment of sexually abusing eight boys over a 15-year period.

Amid the child sex-abuse scandal, Penn State’s trustees ousted longtime football coach Joe Paterno and university President Graham Spanier. The trustees said Spanier and Paterno, who is not the target of any criminal investigation, failed to act after a graduate assistant claimed he saw Sandusky sexually abusing a young boy in a campus shower in 2002. Former school administrators Tim Curley — who is on administrative leave — and Gary Schultz are charged with not properly alerting authorities to suspected abuse and with perjury. They maintain their innocence.

“It was the Sandusky stuff that came out that really made me think about it,” Tomaselli said in the phone interview. “A lot of people were slamming ESPN and Bobby for saying anything. I wanted to come out. … It made me sick to see all that support for Fine at that point. I was positive he was guilty.”

Tomaselli told the Post-Standard that he didn’t ask Syracuse police or federal authorities for help in getting the criminal charges dismissed against him in Maine.

Tomaselli was arrested in April on 11 warrants charging gross sexual assault, tampering with a victim, two counts of unlawful sexual contact, five counts of visual sexual aggression against a child and unlawful sexual touching and unlawful sexual contact, Lewiston police said Sunday. They did not say what led to the charges. He has pleaded not guilty.

Tomaselli told the Post-Standard he met Fine after he and his father, Fred, attended a Syracuse autograph session on campus in late 2001.

The newspaper reported that Fine later called Tomaselli’s parents to arrange for Tomaselli to go to Pittsburgh with the athletic department staff on a chartered bus, spend the night in Fine’s hotel room and attend the team’s game on Jan. 22, 2002.

Tomaselli told the Post-Standard that he had dinner with the team, then returned to the hotel room where he accused Fine of putting porn on the TV and fondling him in bed.

Tomaselli attended the basketball game the next day, sitting several rows behind the bench, and rode the chartered bus back to Syracuse, the newspaper reported.

“The one time there was multiple incidents in that one night, but there was only one night that he ever sexually abused me,” Tomaselli told the AP.

However, during a phone interview with the AP, Fred Tomaselli said: “I’m 100 percent sure that Bernie Fine was never in contact with Zach. He never went to Pittsburgh to a game, never been to that arena.”

“I brought him to a couple of games in Syracuse. We always sat in the nosebleed section and left after the game. He never stayed for any overnighters and never even got within shouting distance of Bernie.”

During his long career with Syracuse, Fine tutored the likes of Derrick Coleman, LeRon Ellis and John Wallace in his role of working with post players. Coleman was the top pick in the 1990 NBA draft, Ellis was the Clippers’ 22nd overall choice in 1991, and Wallace was picked 18th in 1996 by the New York Knicks.

Boeheim and Fine met at Syracuse University in 1963, when Fine was student manager of the basketball team. Fine graduated in 1967 with a degree in personal and industrial relations and went into business for himself.

In 1970, Fine was named basketball and football coach at Lincoln Junior High in Syracuse and went to Henninger High School the next year as the junior varsity basketball coach. He became varsity basketball coach in 1975. When Boeheim was chosen to succeed Roy Danforth at Syracuse in 1976 Boeheim offered Fine a job as an assistant.

Fine was an integral part of the staff that guided Syracuse to the national championship in 2003. During his tenure the Orange also made two other appearances in the NCAA title game, losing in 1987 to Indiana and in 1996 to Kentucky. He also guided the U.S. Maccabiah team to a silver medal at the 1993 World Maccabiah Games in Israel and has served as director of a successful basketball camp in the Northeast.

The Post-Standard also reported that Zach Tomaselli was invited by Fine to a party at his home after the Syracuse-Pitt game on Feb. 1, 2003 — a game where Zach Tomaselli said Fine arranged seats for him and his father several rows behind the bench.

Tomaselli told the newspaper his father, who was unable to attend the party, allowed him to go to Fine’s house and stay the night.

While there, Tomaselli told the AP, Fine asked him to get into bed and that Fine’s wife, Laurie, was there when it happened.

“I told them (police) that Laurie was standing right there when Bernie asked me to sleep in a bed. Laurie knew all about it,” he said during the phone interview.

On Friday, federal authorities carried out a search at his Fine’s suburban Syracuse home but declined to comment on what they were looking for.

New York State Police spokesman Jack Keller said troopers were called to assist the U.S. attorney’s office at the search. At least six police vehicles were parked on the street during the search, which lasted around nine hours. Officers carted away three file cabinets and a computer for further examination.

Your thoughts on the Fine firing? What do you think should happen to Boeheim? Let us know in the comments below…

(TM and Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

Comments (7)
  1. DUMP BOEHEIM says:

    let’s clean this problem up right now and get a new start.

  2. flea says:

    There was Curley at Penn State, and Fine at Syracuse…All we need now are Moe and Shemp.

  3. Tony says:

    Mike Francesa has such a double standard. He made the statement, over and over again, that powerful head coaches know EVERYTHING that happens at their schools. That is why he believes Joe Paterno knew about the 1998 and 2000 incidents regarding Sandusky. Yet, when it comes to Boeheim, Mike says he believes Jim didn’t know? How wouldn’t he know? Powerful coaches know EVERYTHING that happens at their schools remember?

  4. LOONEY STORM says:


  5. Dan says:

    Huge difference between Boeheim and Paterno. Paterno covered it up after he knew of several incidents. The initial charge of Fine abusing Davis was investigated by police and for four months by Syracuse University. Nothing was found from a single accuser.
    Boeheim is not the one covering up the tape recording. The Syracuse police and ESPN had the tape in 2005 and never released it or used it as evidence. The ESPN reporters and producers along with the Syracuse police are the ones involved in any coverup. If they had done their jobs, Fine would have been fired years ago and it would be over.

  6. Surfin Bird says:

    Sounds like he is being set up. Te father of Zach Tomaselli even said his own son is lying. Zach Tomaselli also has a child molestation case against him as well according another newspaper article.

    Syracuse head coach Jim Boeheim must be fired immediately as well.

    If Penn State coach Joe Paterno was fired then Mr. Boheim must go as well.

    Still these are unproven allegations and if they are proven false then Assistant Coach Fine must sue.

    1. i agree..... says:

      if paterno got fired….boheim must go too.

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