Monday, November 28, 2011

Syracuse Scandal: Bernie Fine's wife had abuse concerns

- Syracuse Scandal: Bernie Fine's Wife Admitted Worries Over Abuse On Tape-Recorded Conversations
- Bernie Fine's wife had abuse concerns
- Syracuse takes stand as allegations swirl
- Third accuser says Syracuse coach Bernie Fine sexually abused him as child
- How Much Restitution Will be Permitted for Child Pornography Victims

Syracuse Scandal: Bernie Fine's Wife Admitted Worries Over Abuse On Tape-Recorded Conversations
The Huffington Post Chris Greenberg 11/27/11

Two days after police searched the home of longtime Syracuse assistant basketball coach Bernie -- who is under investigation for sexually abusing two boys who served as ball boys for the basketball team -- the woman who shared that home is involved in a major development in the scandal.

According to ESPN, Fine's wife, Laurie, admitted her knowledge of the alleged abuse to one of the possible victims, Bobby Davis, during tape-recorded telephone conversations between the two from October 2002....

Syracuse head basketball coach Jim Boeheim was extremely vocal in defense of his longtime assistant coach when child molestation allegations were recently made public, going as far as to call Davis a "liar." These recordings may make Boehiem reconsider his stance.

Bernie Fine's wife had abuse concerns By Mark Schwarz and Arty Berko ESPN November 27, 2011
In a tape-recorded 2002 telephone conversation, the wife of Syracuse associate head coach Bernie Fine admitted she had concerns that her husband had sexually molested a team ball boy in their home, but said she felt powerless to stop the alleged abuse.

Bobby Davis, who has publicly accused Bernie Fine of years of molestation that Davis said started when he was in the seventh grade, legally recorded his Oct. 8, 2002, phone call to Laurie Fine....

After "Outside the Lines" first reported the allegations against Fine on Nov. 17, the now-39-year-old Davis shared the tape with Syracuse police, one of several law-enforcement agencies who have opened an investigation into the case. Davis first gave the tape to ESPN in 2003. At the time, ESPN did not report Davis' accusations, or report the contents of the tape, because no one else would corroborate his story.

After a second man said this month that he was also molested by Fine (that man is Mike Lang, Davis' step brother), ESPN hired a voice-recognition expert who said the voice on the tape matches the voice of Laurie Fine. The call was made and received in states that don't require both parties to consent to a call being recorded....

On the tape, Davis repeatedly asked Laurie Fine about what she knew of 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," Laurie Fine said.....

Syracuse takes stand as allegations swirl
Saturday, November 19, 2011

SYRACUSE – There were subtle and not-so-subtle reminders on the Syracuse campus that the school’s hallowed basketball program may be on the brink of scandal on Saturday, three days after city police confirmed an investigation into allegations that Jim Boeheim’s associate head coach, Bernie Fine, sexually assaulted two ball boys in the mid-1980s....

Boeheim launched a staunch defense of Fine on Thursday after ESPN aired the molestation allegations by Billy Davis and his stepbrother Mike Lang. He pointed to a four-month university probe that could not corroborate claims then made solely by Davis, called Davis a “liar” and said the accusers were “trying to get money.” He softened the stance slightly a day later by telling the Syracuse Post-Standard, “If I saw some reason not to support Bernie, I would not support him.”....

Third accuser says Syracuse coach Bernie Fine sexually abused him as child
November 27, 2011, 6:25 AM By The Post-Standard
By Mike McAndrew and John O'Brien

Syracuse, N.Y. -- A third accuser told police Wednesday that Syracuse University associate head basketball coach Bernie Fine sexually abused him as a child.

That revelation prompted authorities to search Fine's home two days later, a source said.

Zach Tomaselli, 23, of Lewiston, Maine, told Syracuse police that Fine molested him in 2002 in a Pittsburgh hotel room when Tomaselli was 13 years old....

How Much Restitution Will be Permitted for Child Pornography Victims

The Second Circuit Speaks; Will The Supreme Court Step In?

By James R. Marsh on November 25, 2011

Guest Legal Analysis by Jennifer Freeman of Freeman Lewis LLP

On September 8, 2011, the Second Circuit dealt a blow to victims of child pornography who had been seeking broad relief under a federal criminal statute authorizing restitution. In United States v. Aumais, Docket No. 10-3160 (Sept. 8, 2011), the New York federal appeals court reversed a restitution order of nearly $50,000 assessed in favor of a victim of child porn against a possessor of the images, holding that proximate cause was lacking, without which such damages could not be imposed.

In issuing this decision, the Second Circuit agreed with the result reached by a number of other Circuit Courts and disagreed with the Fifth Circuit. A petition for certiorari to the United States Supreme Court is currently pending in a similar case. This is an issue that cries out for Supreme Court resolution, and we very much hope that the Supreme Court will step in to provide clarity to the victims, perpetrators and others in this highly charged and important arena.

Recent Expansion of Restitution Claims

The United States Supreme Court has held that distribution of child pornography is “intrinsically related to the sexual abuse of children” because, among other things, “the materials produced are a permanent record of the children’s participation and the harm to the child is exacerbated by their circulation.” New York v. Ferber, 458 U.S. 747, 759 (1982). Once the acts are recorded, “the pornography may haunt [the child] in future years, long after the original misdeed took place.” 458 U.S. at 759 n.10.

Commencing in about 2009, victims of child pornography started filing claims of restitution under 18 U.S.C. § 2259, the federal “child pornography restitution statute”, as part of criminal cases against transporters, distributors or possessors of the images. Since that time, abuse victims have sought millions of dollars in restitution damages from the sellers or users of the child pornography....

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