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2 men sue Syracuse, Boeheim for defamation

By Rachel Cohen

Associated Press

Published: Tuesday, Dec. 13 2011 4:20 p.m. MST

Former Syracuse ball boys Bobby Davis, left, and Mike Lang, right, flank attorney Gloria Allred, who displays a copy of a law suit, during a news conference, Tuesday, Dec. 13, 2011, in New York. The men say they were molested by former assistant Syracuse basketball coach Bernie Fine and have sued the school and men's basketball coach Jim Boeheim for defamation.

Richard Drew, Associated Press

NEW YORK — Two men sued Syracuse men's basketball coach Jim Boeheim and the school for defamation Tuesday, saying they were vilified as liars out for money after they accused his longtime assistant of molesting them.

Former Syracuse ball boys Bobby Davis and Mike Lang said they were molested by Bernie Fine, who has since been fired and has denied the allegations. A third man also has accused the 65-year-old Fine, who had been Boeheim's top assistant since 1976.

"It really hurt me to learn coach Boeheim had accused me of lying," Davis said, reading from a statement at a news conference after the lawsuit was filed in New York State Supreme Court.

When the allegations surfaced Nov. 17, Boeheim staunchly supported Fine, saying the accusations were lies to capitalize on the Penn State child sex abuse case.

"The Penn State thing came out, and the kid behind this is trying to get money," Boeheim told the Syracuse Post-Standard. "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."

And in an interview with ESPN, which broke the story, Boeheim said: "It is a bunch of a thousand lies that (Davis) has told. You don't think it is a little funny that his cousin is coming forward?"

Lang said that when Boeheim suggested "my little brother and I were lying," he "felt sick to my stomach."

University spokesman Kevin Quinn declined comment. The U.S. attorney's office is investigating.

Victim advocates reacted angrily to Boeheim's initial comments and called for him to resign or be fired. He later said he was wrong to question the motives of the accusers.

That's not enough, said attorney Gloria Allred, who is representing the stepbrothers, and whose recent clients include a woman who accused presidential candidate Herman Cain of making unwelcome sexual advances.

"Boeheim's statements impugning the veracity and motivations of Mr. Davis and Mr. Lang were particularly disturbing given his 35 years of opportunity to observe Fine at close quarters, and at least seven years of opportunity to see Fine with Bobby Davis on trips, at practices, in Manley Field House and at games," Allred said.

Although Boeheim eventually acknowledged that he 'misspoke,' those words came too little too late," Allred said. "One of Syracuse's most respected individuals had already told the world repeatedly that Bobby Davis and Mike Lang were nothing but liars and out for money and nothing else.

"Boeheim has not suffered any consequences in his employment for using his position of power within the university to make these false, inflammatory and injurious statements about Bobby and Mike."

Boeheim softened his stance in the weeks since the accusations became public.

On Nov. 27, Zach Tomaselli, of Lewiston, Maine, also accused Fine, and ESPN aired a tape in which a woman it identified as Fine's wife tells Davis she knew "everything" that was going on. After Fine was fired that night, Boeheim released a statement saying he regretted any statements he made that "might have been insensitive to victims of abuse."

On Nov. 29, Boeheim apologized, but said again he didn't regret defending his old friend based on the information he had at the time, adding that he never worried about his job status in 36 years.

By Dec. 2, he was far more contrite.

"I believe I misspoke very badly in my response to the allegations that have been made," said Boeheim, who spoke slowly and paused frequently during a postgame news conference. "I shouldn't have questioned what the accusers expressed or their motives. I am really sorry that I did that, and I regret any harm that I caused."

Davis, now 39, said in the lawsuit 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 said the abuse occurred at Fine's home, at Syracuse basketball facilities and on team road trips, including the 1987 Final Four.

Lang, 45, has told ESPN that Fine began molesting him while he was in fifth or sixth grade.

The suit said Boeheim's office was always near Fine's — and next door at times — and that Fine's door was generally open, except when Davis was inside with the assistant coach. The lawsuit contradicts Boeheim's assertion to the Post-Standard that Davis went on road trips only if he was babysitting Fine's kids; the suit said he traveled with the team before Fine had children and at times when the assistant didn't bring along his family.

The suit includes Davis' assertion that Boeheim saw Davis lying on the bed in Fine's hotel room in his shorts during the 1987 Final Four. In a Nov. 17 telephone interview with The Associated Press, Boeheim denied ever going to the assistant's room, much less seeing Davis there.

"This kid came forward, and there was no one to corroborate his story. Not one. Not one," Boeheim told the AP. "... They said I walked into Bernie's room on the road and saw this. I have never walked into Bernie's room on the road. This isn't true. This just isn't true."

The suit said Boeheim "made each of these statements knowing they were false or recklessly disregarding their truth or falsity."

The suit requests special, compensatory and punitive damages in an amount to be determined at trial. Allred said the university was included because she believed it was legally liable for Boeheim's statements as an employee who often spoke to the media on Syracuse's behalf.

Onondaga County District Attorney William Fitzpatrick said last week that Davis was credible, but he couldn't investigate under state law because the statute of limitations had expired.

The statute of limitations in New York to bring a civil suit for child sexual abuse is five years after the victim turns 18, though there have been several legislative attempts recently to open a one-year window for older incidents.

Allred said she would work with state lawmakers to change the rules.

"That's not the reason we are filing," she said of the lack of options for Davis and Lang to pursue the charges. "The reason we are filing is we have reason to believe our clients were defamed."

Under New York case law, defamation is "making a false statement which tends to expose a person to public contempt, ridicule, aversion or disgrace." Accusing someone of a crime they didn't commit is by nature defamatory, which in this case could mean accusing the two men of lying to authorities.

Albany lawyer Kevin Luibrand, who has two pending defamation cases, said it always comes down to the exact words someone used. Luibrand, who was unfamiliar with Boeheim's precise quotes, said the coach could argue that he made the statements based on what he thought was true.

However, acknowledging later he was — or may have been — wrong, as Boeheim did, doesn't undo the initial false statement.

"The truth is always a defense," Luibrand said. "The statements don't necessarily have to be truthful but based on a belief they are truthful."

Davis said he was suing so victims of abuse would not be afraid to come forward.

"We're grateful any time a child sex abuse victim finds the courage to take action against a child predator," David Clohessy, executive director of SNAP, the Survivors Network of those Abused by Priests, said in a statement. "That's an enormous benefit of civil litigation — it can help uncover evidence of complicity by a predator's colleagues and supervisors, and thus deter others from keeping secret about possible child sex crimes in the future."

Associated Press Writer Michael Virtanen in Albany and AP Sports Writer John Kekis in Syracuse contributed to this report.

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