Game over: the clock has run out for the prosecution:
Former Syracuse University basketball coach Bernie Fine cannot be charged under New York state law for allegedly fondling two ball boys even though investigators believe the accusations to be true, District Attorney William Fitzpatrick said on Wednesday.
Fine cannot be charged because the statute of limitations in New York state has run out, Fitzpatrick said. It requires victims to come forward within five years of their 18th birthday.
He said that the evidence would now be handed over to federal authorities, who will try to determine if there are other alleged victims.
Former ball boys Bobby Davis, 39, and his stepbrother Mike Lang, 45, accuse Fine of sexually abusing them.
Davis alleged the abuse happened “hundreds of times” until he was 27, while Lang alleged the abuse occurred “numerous times” until he turned 19, the prosecutor said.
Davis tried to report his accusations in 2002 to Syracuse police, said the district attorney, who criticized the police department’s response. The Syracuse police chief at the time was a former Syracuse basketball player.
“Bobby, I’m sorry it took so long,” the district attorney said. “I wish I had known you as a prosecutor in 2002 or even better in the 1990s.” Davis and Lang were not at the news conference.
“If the statute of limitations had not run, there would be criminal charges against Bernie Fine that I would ethically feel comfortable asking a jury to convict him of beyond a reasonable doubt,” he said.





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