Questions Raised about DA in Bernie Fine Case, USA Today, December 16, 2011

Questions Raised about DA in Bernie Fine Case

USA Today
December 16, 2011

http://www.usatoday.com/sports/college/mensbasketball/bigeast/story/2011-12-15/bernie-fine-fourth-accuser-sexual-assault/51951490/1

Former assistant basketball coach Bernie Fine is at the center of sex-abuse allegations at Syracuse.

As a fourth man came forward to make public accusations of child sexual abuse against former Syracuse associate coach Bernie Fine, the handling of the case by the local district attorney was being questioned.

Last week Onondaga County (N.Y.) District Attorney William Fitzpatrick dismissed the then-unnamed man's claims in a news conference, saying, "There simply is no victim No. 4."

Floyd VanHooser, 56, alleges to be that victim. He is serving 16 years to life for repeat felony burglary, a sentence announced in October. He told The (Syracuse) Post-Standard that Fine began abusing him at 14. He says the sexual contact continued as recently as this summer when VanHooser said he received $300 from Fine. Public records show VanHooser, orphaned by 13, in the past listed Fine's address as his home, according to the newspaper.

Fine, 65, denied allegations of sexual abuse last month and since has made no comment.

VanHooser has been counseled by Robert M. Hoatson, president of New Jersey-based non-profit Road to Recovery. "Syracuse police told him he was credible," said Hoatson, who added he was puzzled that the district attorney quickly dismissed VanHooser's claims.

"To me it sounded like the DA wanted to put a white ribbon on it and wrap it up," Hoatson said.

Fitzpatrick's spokesman, Barry Weiss, said the district attorney had no comment on the case, including whether Fitzpatrick erred in his judgment of VanHooser. "As far as we're concerned, it's the U.S. attorney's case," Weiss said.

In his news conference last week, Fitzpatrick said accusers Bobby Davis and Mike Lang were credible with accusations of child sexual abuse against Fine, but Fine could not be prosecuted because the statute of limitations had expired.

Davis and Lang filed a defamation suit Tuesday against the university and Syracuse Hall of Fame coach Jim Boeheim, who called them liars when they went public with their accusations. Boeheim later apologized.

Fitzpatrick said he had evidence to undermine accusations by a third accuser, Zach Tomaselli, 23, who's in jail in Maine for violating terms of bail in a child sexual abuse case. Regarding a fourth victim, Fitzpatrick said the man had written letters to the DA's office that contradicted claims of sexual abuse by Fine.

In a Post-Standard guest column last week, Syracuse faculty member David M. Rubin, former dean of the S.I. Newhouse School of Public Communications, raised questions about Fitzpatrick's comments about the fourth accuser and his criticism of news media for not turning over a recording of a conversation between Davis and Fine's wife, Laurie.

"He was trying to frame it for the community, that he didn't do anything wrong, that Boeheim didn't do anything wrong, that the chancellor didn't do anything wrong," Rubin said by phone Thursday. "He drew a line in the sand and said, 'These are good guys. Here are bad guys.' "

Syracuse defense attorney Scott Porter told the Post-Standard, "I was surprised to see the district attorney weighing in on new allegations because I thought they were under investigation by the feds."

The perception of a conflict of interest exists for Fitzpatrick because he is on the board of advisers for the Jim and Juli Boeheim Foundation.

"All of this is kind of unusual," Rubin said. "He's been DA for a long time. He ran without opposition. When you're in office a long time and you run unopposed, you set your own rules."