Tomaselli Attorney Says Civil Suit against Bernie Fine Will Be Dropped

WSYR
January 20, 2012

http://www.9wsyr.com/content/news/breakingnews/Tomaselli-attorney-says-civil-suit-against-Bernie/PpgGzZki4UGQCq-6iQqPmA.cspx

A Maine man discredited by a prosecutor has sued former Syracuse assistant basketball coach Bernie Fine, claiming the coach molested him in a hotel room after a game in Pittsburgh in 2002. (WTAE.com)

Syracuse (WSYR-TV) – An attorney representing a man who has accused former Syracuse University men’s basketball coach Bernie Fine of sexually abusing him says that they will drop their civil lawsuit.

Attorney Jeffrey Anderson told NewsChannel 9’s Jeff Kulikowsky that he and his client, Zach Tomaselli, will drop the lawsuit.

In an email to local media, his office wrote:

“Our office, along with Co-counsel Alan Perer, is withdrawing representation of Zach Tomaselli and will be dismissing his case. We are sad and disappointed that we cannot pursue justice for Zach, but we will continue to support him in his recovery.”

In November, Tomaselli emerged as the third accuser in the case against Fine. A fourth accuser, Floyd Vanhooser, has already recanted accusations against Fine. Two other men – Bobby Davis and Mike Lang – also accused Fine of molesting them when they were boys.

Tomaselli was the only accuser whose case had not passed the statute of limitations preventing prosecution against Fine.

Neither police nor the US Attorney's office has commented on the case.

Earlier on Friday, Tomaselli told both the Post Standard and Syracuse University student newspaper The Daily Orange that he lied and doctored emails in an effort to convince media that Fine molested him.

Tomaselli claims Fine molested him in a hotel in Pittsburgh during a Syracuse away game in January 2002. He told the newspapers that he altered emails from Syracuse Police and the Superintendent of the Copenhagen School District before forwarding them to members of the media.

He said he changed the emails in an effort to convince the newspapers that the school superintendent doubted the reliability of attendance records, which show that Tomaselli was in school the day he claims he was molested by Fine.

He also admitted that he doctored an email from police to say that they saw him in a video at the game in Pittsburgh.

Last month, Tomaselli pleaded guilty in Maine to four sex crimes as part of a plea deal that will cap his sentence at no more than three years, three months behind bars followed by six years of probation.