The sexual misconduct case against former Syracuse University assistant basketball coach Bernie Fine has been dropped by central New York’s District Attorney because the statute of limitations has expired.
However, the federal investigation into Fine continues.
Another blow to the case came when the County District Attorney gave federal investigators records that may call into question the story of Zach Tomaselli, one of three men who have accused the ex-Syracuse University assistant basketball of sexually abusing them when they were boys.
The Associated Press revealed:
Fine's lawyers say the school records for Zach Tomaselli and travel records for the basketball team appear to prove Tomaselli fabricated his claim that Fine abused him in January 2002 at a hotel when the team played in Pittsburgh.
Onondaga County District Attorney William Fitzpatrick said Wednesday that he has turned over to federal investigators evidence that could be considered "exculpatory," which is evidence that helps a defendant.
Tomaselli, 23, is one of three men who accuse Fine of molesting them when they were boys. Tomaselli's claims are the only ones among the three that are eligible for prosecution within the statute of limitations.
"It appears now that there is proof that Tomaselli fabricated this allegation," Fine's lawyers, Donald Martin and Karl Sleight, said in a joint statement, their first since early on in the three-week-old scandal. "The incredible damage that Tomaselli has inflicted on Mr. Fine cannot be overstated."
More twists and turns continue to dominate this case, so stay tuned for any further developments.