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 Syracuse, NY - School records from the Copenhagen School District undermine Zach Tomaselli's allegation he was molested in 2002 in Pittsburgh by Syracuse University associate basketball coach Bernie Fine, District Attorney William Fitzpatrick just revealed. 
 
 At a news conference in his office this morning, Fitzpatrick said he was turning over to Fine's defense lawyers "exculpatory evidence" relating to Tomaselli's accusations. That would be evidence helpful to the defense. 
 
 Tomaselli has recently come forward to claim he was molested by Fine in a Pittsburgh motel the night before SU played Pittsburgh there in January 2002. 
 
 The exculpatory evidence consists of school records and Syracuse University travel and hotel records, Fitzpatrick revealed. 
 
 While hinting those records disprove Tomaselli's claims to being in Pittsburgh, Fitzpatrick referred all specific questions about Tomaselli and his claims to federal officials. 
 
 Fitzpatrick also said his investigation found Bobby Davis and stepbrother Michael Lang were honest and credible in their claims to have been abused by Fine. 
 
 Had those allegations been brought to the prosecution in a timely manner, Fine would have been arrested and prosecuted on at least misdemeanor sex abuse charges, Fitzpatrick said. 
 
 He said he was not passing judgment about what the outcome of what any trial would have been. 
 
 Fitzpatrick faulted The Post-Standard for not revealing the existence of an incriminating tape of a phone conversation between Davis and Fine' s wife. But he said the revelation of the tape at the time Davis made it would not have allowed the prosecution to go forward with charges because the statute of limitations had long passed. 
 
 Fitzpatrick also addressed media reports of a fourth victim. He said that person is a persistent felony offender serving a life sentence in state prison who is not credible. 
 
 Additionally, Fitzpatrick announced he was pulling the plug on any grand jury investigation in his office of the Fine matter. 
 
 Read all our coverage of the Bernie Fine investigation. 
 
 Fitzpatrick ended up in a bitter dispute with the Syracuse Police Department over access to police records in the case for presentation to a grand jury. 
 
 He has repeatedly said he was investigating what police did or did not do when former SU ball boy Bobby Davis first made accusations to authorities in 2002 or 2003 that he had been sexually molested by Fine from the time he was 13 until he was 28. 
 
 He also said he was looking into what SU officials did or did not do when they conducted their own investigation of Davis' accusations in 2005. 
 
 Fitzpatrick has questioned the sufficiency of that SU probe, done by the local law firm of Bond, Schoeneck & King. 
 
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 Fitzpatrick had been pursuing a grand jury investigation out of his office despite the fact federal officials stepped in to take the lead on the Fine investigation. That included the execution of warrants for the search of Fine's DeWitt home and his office and locker at SU. 
 
 With the undermining of Tomaselli's accusations by the school records and no state criminal charges to pursue, Fitzpatrick said he will not be pursuing any grand jury probe of the Fine matter. 
 
 Instead, he said he would leave it to federal officials to continue their probe. 
 
 Whether that helps heal the rift that has developed between Fitzpatrick and city police officials remains to be seen. 
 
 Representatives from Fitzpatrick's office and the Syracuse Corporation Counsel's office were back in chambers with state Supreme Court Justice James Murphy last week as the argument continued over access to the police records. 
 
 Murphy signed a subpoena last month directing the police to provide Fitzpatrick's office with any past and current reports involving the Fine matter. When police did not respond by the turn-over deadline, the lawyers for the prosecution and the city met in chambers with Murphy and agreed to a delay of several days. 
 
 Last week, police reported they had complied and turned over the records Fitzpatrick was seeking. But Fitzpatrick said that was not true. 
 
 The lawyers ended up back before Murphy last week to address the dispute further. Fitzpatrick said it appeared to his office that the police department was not being honest with the city's lawyers about what had and had not been turned over to the prosecution. 
 
 After that meeting, the police department finally turned over what it contended was its entire file to the Corporation Counsel's Office and it was turned over to the prosecution, the DA said. 
 
 Fitzpatrick said an investigator with his office talked to Tomaselli by phone Tuesday after Tomaselli called the DA's Office to make a "litany of complaints" about the police department and its handling of his accusations. 
 
 Fitzpatrick said Tomaselli seemed concerned that officials were starting to question him about his school records. 

 A county district attorney who at first sharply criticized police and Syracuse University for their handling of sex-abuse allegations against an assistant basketball coach said Wednesday that he cannot bring charges but found that two men who accused him of sexual abuse are credible. 
 
 FILE - This Nov. 14, 2011 file photo shows Syracuse basketball assistant coach Bernie Fine watching a college basketball game against Manhattan in the NIT Season Tip-Off in Syracuse, N.Y. Prosecutors... (Associated Press) 
 
 Onondaga County District Attorney William Fitzpatrick said his investigation into the claims against fired coach Bernie Fine started out to answer several questions, among them: Were the first two accusers, Bobby Davis and his stepbrother Michael Lang, being truthful? 
 
 "On almost every single criteria, Bobby Davis came out as a credible person," the district attorney said. "Mike Lang also comes across as a credible person." 
 
 The 65-year-old Fine, who had been Boeheim's top assistant since 1976, has adamantly denied wrongdoing. 
 
 The accusations against Fine once appeared to threaten the job of Hall of Fame coach Jim Boeheim, who has said he is unaware of any abuses happening during his tenure. 
 
 Boeheim at first vehemently defended his longtime friend and assistant and said the accusations were lies to make money in the wake of the Penn State sex abuse scandal. He later backtracked and said he was wrong to question the motives of the accusers. 
 
 Davis and Lang, both former ballboys for the team, have accused Fine of molesting them at his home, on the road with the team or in team facilities when they were boys. Fitzpatrick said allegations from a third man, 23-year-old Zach Tomaselli of Maine, don't relate to Onondaga County. 
 
 Fitzpatrick said a 2005 probe by the university into Davis' claims was inadequate but said people should stop calling for the resignation of Syracuse Chancellor Nancy Cantor and Boeheim. 
 
 Blame, he said, stops with one man: "Hasn't Bernie Fine caused enough pain in this community?" Fitzpatrick said. 
 
 He said it also was wrong to make any comparison to the sex scandal at Penn State University that cost legendary football coach Joe Paterno and school president Graham Spanier their jobs. 
 
 "It's not only inaccurate, it's not fair," he said. 
 
 Fine was fired after the three men made public accusations and ESPN played a 2002 recording of a phone call in which a woman ESPN identified as his wife tells an accuser she knew "everything that went on." 
 
 Tomaselli's claims fall within federal statutes of limitations and are being investigated by the U.S. Secret Service. 
 
 Investigators searched Fine's home, office and school locker, looking for pornography that could be used "to sexually arouse or groom young males" to have sex, court records say. The investigators took computers, cameras, disks and records, among other things. They're also looking for any records that would detail Fine's contact with boys. 
 
 Fitzpatrick said he wouldn't judge Fine. 
 
 "It is not my place to pronounce Bernie Fine guilty of anything," he said.
– Bernie Fine will not face state charges related to the sexual abuse allegations against him because the statute of limitations has expired, says the county prosecutor in the case. William Fitzpatrick says that while he can't prosecute the case against the former Syracuse University assistant basketball coach on behalf of two former ballboys, he finds their claims credible, reports the AP. A federal investigation into claims made by a third man, Zach Tomaselli, remains pending, but Fitzpatrick today indicated that Tomaselli's claims are not credible. The 23-year-old says he was molested by Fine in 2002 in a Pittsburgh motel—within the statute of limitations. But the Post-Standard reports Fitzpatrick this morning says he is handing "exculpatory evidence," which he defined as school travel and hotel records, to Fine's lawyers. The paper says Fitzpatrick suggested that the evidence undermined Tomaselli's claims.