Almost ACC Sex Scandal Update

FITZPATRICK (Aman Ali/Reuters Photo)

Onondaga County, NY District Attorney William Fitzpatrick said he will not pursue a state case against fired Syracuse assistant coach Bernie Fine  because the statute of limitations has passed.  However, he did not doubt the credibility of two of the alleged victims.

"On almost every single criteria, Bobby Davis came out as a credible person," the district attorney said. "Mike Lang also comes across as a credible person."

That said,  Fitzpatrick has given federal investigators records that may call into question the story of 23-year-old accuser Zach Tomaselli of Maine.  The statute of limitations has not expired on Tomaselli's allegations.

Fitzpatrick also said Orange head coach Jim Boeheim isn’t to blame because he didn’t know about the allegations.

Davis and Lang have accused Fine of molesting them for years starting in the 1980s. The 65-year-old Fine, who had been Boeheim's top assistant since 1976, has adamantly denied wrongdoing.

At his news conference to explain that the statute of limitations would keep him from conducting an investigation, Fitzpatrick addressed Davis directly.

"Bobby, I'm sorry it took so long," he said. "I wish I had met you as a prosecutor in 2002. Even more importantly, I wish I had met you as a prosecutor back in the 1980s. We wouldn't be here today."

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