January 22, 2012 Comments Off on Florida internet child sex sting, Bernie Fine accuser Tomaselli changed story
Teacher, former pro golfer, and swim coach among those arrested in Fla. internet child sex sting By Crimesider Staff January 18, 2012
(CBS/WKMG) KISSIMMEE, Fla. – A former pro golfer, a swim coach and an eighth grade teacher are among 40 people arrested in an undercover Internet child sex sting in Florida, reports CBS affiliate WKMG.
During the so-called “Operation Red Cheeks,” undercover detectives posed as juveniles or the parent or guardian of a juvenile to talk with individuals in chat rooms and through instant messaging.
During the chats, some of the suspects reportedly sent pornographic images to the undercover detectives….
Suspects traveled to an undercover house or meeting location in Osceola County for the purpose of having sex with a child, authorities said. Some brought alcohol, drugs and other items to the meeting, said deputies.
District Attorney: Bernie Fine accuser Zach Tomaselli changed his story
January 19, 2012 By Mike McAndrew / The Post-Standard
One of Bernie Fine’s accusers initially told Syracuse police the former Syracuse University coach molested him in early 2002 while he was attending an away game against the University of Connecticut, Onondaga County District Attorney William Fitzpatrick said today.
But Fitzpatrick said that after law enforcement authorities discovered that SU never played UConn during the 2001-02 season, Zach Tomaselli changed his story.
Tomaselli then told police that Fine sexually abused him in a Pittsburgh hotel room in January 2002, the night before SU played Pittsburgh, Fitzpatrick said, questioning Tomaselli’s credibility.
Tomaselli fired back today that Fitzpatrick’s account is not true….
Fine, 66, who was fired by SU in November after three men publicly accused him of molesting them as children, has not been charged with any crimes. Through his attorneys, Fine has maintained he did nothing wrong.
December 15, 2011 Comments Off on Syracuse Child Abuse Cases Spur Calls To Reform New York Statutes Of Limitations
Subcommittee Hearing – Breaking the Silence on Child Abuse: Protection, Prevention, Intervention, and Deterrence
Committee: Subcommittee on Children and Families
Date: Tuesday, December 13 2011, 10:15 AM
Syracuse Child Abuse Cases Spur Calls To Reform New York Statutes Of Limitations by John Rudolf 12/13/11
On Dec. 7, William Fitzpatrick, district attorney for Onondaga County in upstate New York, said he found credible the allegations of two former Syracuse University basketball team ball boys that Bernie Fine, the team’s long-standing assistant coach, molested them in the 1980s.
“These two victims are believable,” Fitzpatrick said at a press conference.
But state prosecutors won’t be bringing any criminal charges against Fine for the alleged abuse, which the coach adamantly denies. The statute of limitations in both cases expired nearly two decades ago — just two years after his accusers, now in their late 30s, passed their 18th birthdays.
Fine can’t be sued either: under state law, the two men needed to file a civil suit against him before they turned 23.
“There is no remedy,” said Jeff Dion, director of the National Crime Victim Bar Association. “Because of New York law, a child molester is going to get off scot-free.”
Fine would not have fared nearly as well elsewhere in the country. In a growing number of states, legal reforms now allow victims of childhood sexual abuse to seek civil damages and criminal charges against their alleged abusers many years after reaching adulthood. The reforms are an acknowledgement of substantial research demonstrating that abuse victims often require an extensive period of time before they are ready to confront their abusers.
“People are so messed up that they don’t get the courage and the gumption to do anything until they’re in their 40s — if then,” said Thomas Neuberger, a Delaware attorney who has represented hundreds of victims of childhood abuse. “It takes a person decades before they get the courage to speak out.”….
In the last week, two lawmakers announced plans to introduce legislation extending the time period when victims of childhood abuse can seek criminal charges and civil restitution against their abusers. A previous bill to reform New York’s child abuse laws passed the Assembly three times, but was repeatedly stymied in the state Senate after heavy lobbying by Catholic bishops, who vigorously opposed a key provision to temporarily lift the civil statute of limitations for decades-old abuse.
Yet the intense publicity now surrounding the Syracuse and Penn State scandals may finally push the vote for a reform bill over the top in New York, according to Marci Hamilton, a law professor at Benjamin N. Cardozo School of Law in New York and a long-time advocate for child sexual abuse victims.
“I do think in the next year or two or three, it’s going to be impossible for legislators to maintain statutes of limitations that favor predators,” Hamilton said. “The public outrage is building.”
The proposed reforms would bring New York closer in line with many other states, which afford child abuse victims special rights not given to other crime victims or civil plaintiffs.
Delaware has no criminal statute of limitations at all for any sex crime against a child. In Pennsylvania, victims have until their 50th birthday to seek criminal prosecution against an abuser. Six other states, including Connecticut, Louisiana and Missouri, allow criminal prosecutions of child sex abuse for at least 20 years after victims turn 18. http://www.huffingtonpost.com/2011/12/13/syracuse-and-penn-state-child-sex-abuse-statute_n_1146138.html
December 5, 2011 Comments Off on newest child abuse, clergy abuse and ritual abuse newsletter
forwarded with permission
newest child abuse, clergy abuse and ritual abuse newsletter is now available online.
This issue contains information on the Penn State Abuse Scandal (Jerry Sandusky), Syracuse Scandal (Bernie Fine), fighting child pornography, Afghan ‘dancing boys,’ spanking controversy, Bernard Jackson, international paedophile ring, Satanic Sex Encounter, Children’s Bones at Canada’s Indian Residential School, child sacrifice, non-state torture, Sybil and MPD, Sybil Exposed, Sybil in her own words, dissociative identity disorder, Childhood Abuse and Household Dysfunction, childhood abuse prevention, Child Death, Betrayal Blindness and Institutional Betrayal and sterilization victims.
December 3, 2011 Comments Off on Penn State and Syracuse sex abuse scandals
Jerry Sandusky talks about Joe Paterno, case, Times reports 12/3/11 Associated Press NEW YORK
Former Penn State defensive coordinator Jerry Sandusky said Joe Paterno never spoke to him about any suspected misconduct with minors, The New York Times reported Saturday.
Sandusky has been charged with 40 counts of molesting eight boys over 15 years and is free on bail while awaiting a preliminary hearing on Dec. 13.
Syracuse sex abuse scandal – As Boeheim’s mind wanders, Syracuse players focus on winning Sean Deveney Sporting News 12/3/11
….“I have talked to some people today and yesterday about what I am going to say,” Boeheim said Friday night. “These are my thoughts. No one said, ‘This is what you should say.’ No one indicated that I had to say something. This is what I feel.
“I have to make three comments. The first one is, I believe I misspoke, very badly, in my response to the allegations that have been made. 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. It was insensitive to the individuals involved and especially to the issue of child abuse.”
November 29, 2011 Comments Off on Syracuse Scandal: Bernie Fine’s wife had abuse concerns
– Syracuse Scandal: Bernie Fine’s Wife Admitted Worries Over Abuse On Tape-Recorded Conversations
– Bernie Fine’s wife had abuse concerns
– Syracuse takes stand as allegations swirl
– Third accuser says Syracuse coach Bernie Fine sexually abused him as child
– How Much Restitution Will be Permitted for Child Pornography Victims
Syracuse Scandal: Bernie Fine’s Wife Admitted Worries Over Abuse On Tape-Recorded Conversations
The Huffington Post Chris Greenberg 11/27/11
Two days after police searched the home of longtime Syracuse assistant basketball coach Bernie — who is under investigation for sexually abusing two boys who served as ball boys for the basketball team — the woman who shared that home is involved in a major development in the scandal.
According to ESPN, Fine’s wife, Laurie, admitted her knowledge of the alleged abuse to one of the possible victims, Bobby Davis, during tape-recorded telephone conversations between the two from October 2002….
Syracuse head basketball coach Jim Boeheim was extremely vocal in defense of his longtime assistant coach when child molestation allegations were recently made public, going as far as to call Davis a “liar.” These recordings may make Boehiem reconsider his stance.
Bernie Fine’s wife had abuse concerns By Mark Schwarz and Arty Berko ESPN November 27, 2011
In a tape-recorded 2002 telephone conversation, the wife of Syracuse associate head coach Bernie Fine admitted she had concerns that her husband had sexually molested a team ball boy in their home, but said she felt powerless to stop the alleged abuse.
Bobby Davis, who has publicly accused Bernie Fine of years of molestation that Davis said started when he was in the seventh grade, legally recorded his Oct. 8, 2002, phone call to Laurie Fine….
After “Outside the Lines” first reported the allegations against Fine on Nov. 17, the now-39-year-old Davis shared the tape with Syracuse police, one of several law-enforcement agencies who have opened an investigation into the case. Davis first gave the tape to ESPN in 2003. At the time, ESPN did not report Davis’ accusations, or report the contents of the tape, because no one else would corroborate his story.
After a second man said this month that he was also molested by Fine (that man is Mike Lang, Davis’ step brother), ESPN hired a voice-recognition expert who said the voice on the tape matches the voice of Laurie Fine. The call was made and received in states that don’t require both parties to consent to a call being recorded….
On the tape, Davis repeatedly asked Laurie Fine about what she knew of the alleged molestation.
“Do you think I’m the only one that he’s ever done that to?” Davis asked.
“No … I think there might have been others but it was geared to … there was something about you,” Laurie Fine said…..
Syracuse takes stand as allegations swirl
Saturday, November 19, 2011
SYRACUSE – There were subtle and not-so-subtle reminders on the Syracuse campus that the school’s hallowed basketball program may be on the brink of scandal on Saturday, three days after city police confirmed an investigation into allegations that Jim Boeheim’s associate head coach, Bernie Fine, sexually assaulted two ball boys in the mid-1980s….
Boeheim launched a staunch defense of Fine on Thursday after ESPN aired the molestation allegations by Billy Davis and his stepbrother Mike Lang. He pointed to a four-month university probe that could not corroborate claims then made solely by Davis, called Davis a “liar” and said the accusers were “trying to get money.” He softened the stance slightly a day later by telling the Syracuse Post-Standard, “If I saw some reason not to support Bernie, I would not support him.”….
Third accuser says Syracuse coach Bernie Fine sexually abused him as child
November 27, 2011, 6:25 AM By The Post-Standard
By Mike McAndrew and John O’Brien
Syracuse, N.Y. — A third accuser told police Wednesday that Syracuse University associate head basketball coach Bernie Fine sexually abused him as a child.
That revelation prompted authorities to search Fine’s home two days later, a source said.
Zach Tomaselli, 23, of Lewiston, Maine, told Syracuse police that Fine molested him in 2002 in a Pittsburgh hotel room when Tomaselli was 13 years old….
How Much Restitution Will be Permitted for Child Pornography Victims
The Second Circuit Speaks; Will The Supreme Court Step In?
By James R. Marsh on November 25, 2011
Guest Legal Analysis by Jennifer Freeman of Freeman Lewis LLP
On September 8, 2011, the Second Circuit dealt a blow to victims of child pornography who had been seeking broad relief under a federal criminal statute authorizing restitution. In United States v. Aumais, Docket No. 10-3160 (Sept. 8, 2011), the New York federal appeals court reversed a restitution order of nearly $50,000 assessed in favor of a victim of child porn against a possessor of the images, holding that proximate cause was lacking, without which such damages could not be imposed.
In issuing this decision, the Second Circuit agreed with the result reached by a number of other Circuit Courts and disagreed with the Fifth Circuit. A petition for certiorari to the United States Supreme Court is currently pending in a similar case. This is an issue that cries out for Supreme Court resolution, and we very much hope that the Supreme Court will step in to provide clarity to the victims, perpetrators and others in this highly charged and important arena.
Recent Expansion of Restitution Claims
The United States Supreme Court has held that distribution of child pornography is “intrinsically related to the sexual abuse of children” because, among other things, “the materials produced are a permanent record of the children’s participation and the harm to the child is exacerbated by their circulation.” New York v. Ferber, 458 U.S. 747, 759 (1982). Once the acts are recorded, “the pornography may haunt [the child] in future years, long after the original misdeed took place.” 458 U.S. at 759 n.10.
Commencing in about 2009, victims of child pornography started filing claims of restitution under 18 U.S.C. § 2259, the federal “child pornography restitution statute”, as part of criminal cases against transporters, distributors or possessors of the images. Since that time, abuse victims have sought millions of dollars in restitution damages from the sellers or users of the child pornography….