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Tomaselli Sues Fine, Stands By Abuse Claim

Zach Tomaselli is suing former Syracuse University assistant basketball coach Bernie Fine.

Tomaselli, a 2006 graduate of Copenhagen Central school, insists Fine sexually abused him, despite questions about his story.

The lawsuit was announced during a press conference in Pittsburgh Thursday morning.

Tomaselli's lawyer repeated Tomaselli's claim, that he was abused by Fine during a January 21, 2002 encounter in a Pittsburgh hotel room, as the Syracuse University basketball team visited Pittsburgh for a game.

The lawyer acknowledged during Thursday morning's press conference that "there may be some discrepancies" in Tomaselli's claim, but they "can and will be cleared up."

Tomaselli spoke briefly during the press conference.

Wednesday, Onondaga County district attorney William Fitzpatrick said his office had Syracuse University records of the team's travel and hotel stays, as well as Copenhagen Central school records.

Fitzpatrick called the records 'exculpatory,' which implied they disprove Tomaselli's claims.

Read our report from Wednesday...

Lawyers for fired Syracuse University assistant basketball coach Bernie Fine say evidence turned over by the district attorney will prove one of Fine's accusers is lying.

Onondaga County District Attorney William Fitzpatrick says he turned over school records for Zach Tomaselli and travel records for the basketball team to Fine's defense lawyers.

Tomaselli is a former resident of Rutland who attended Copenhagen Central School.

The school records Fitzpatrick turned over came from Copenhagen.

Fitzpatrick said the evidence would be considered "exculpatory," which is evidence that helps a defendant.

Fitzpatrick made the announcement at a news conference Wednesday afternoon.

According to the Syracuse Post-Standard, Tomaselli fired back at Fitzpatrick.

"I found that highly inappropriate," Tomaselli was quoted as saying. "He really knows little or nothing about the case."

Tomaselli is one of three men who accuse Fine of molesting them when they were boys.

Tomaselli's claims are the only ones of the three that fall within the statute of limitations.

Tomaselli is now living in Maine, where he has himself been accused of molesting a young boy.

Fine has denied the allegations.

He was fired November 27.

Bernie Fine's attorneys, Donald Martin and Karl Sleight, issued the following statement Wednesday afternoon:
 
"We thank District Attorney Fitzpatrick for fulfilling his ethical obligations and look forward to reviewing these exculpatory materials.
 
It appears now that there is proof that Tomaselli fabricated this allegation. The incredible damage that Tomaselli has inflicted on Mr. Fine cannot be overstated.
 
We are hopeful that federal authorities will soon come to the same conclusion regarding Tomaselli's lack of credibility. Moreover, the notion that Tomaselli could be relied on to procure a warrant to search is alarming. 
 
If Tomaselli is found to have lied to federal authorities, particularly as it related to the application to search Mr. Fine's residence, we hope that he is prosecuted to the fullest extent of the law. (see, 18 USC 1001)."

See our earlier stories here and here.
 

Thursday, May 17, 2012
, Watertown, NY

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