Syracuse (WSYR-TV) - A judge has granted the defense for Syracuse University and men's basketball coach Jim Boeheim a motion to move a defamation case against them to Onondaga County.
A counter-motion launched by attorneys representing accusers Bobby Davis and Mike Lang to keep the case in New York County has been denied.
Davis and Lang claim Boeheim slandered them by calling them "liars" and saying they were out for money after their allegations of abuse by former assistant coach Bernie Fine surfaced in November.
Along with their attorneys - including Gloria Allred - Davis and Lang filed the suit in New York County and tried to keep it there, saying the Hall of Fame coach has too much support in the Syracuse area and that an impartial jury would be too hard to find.
Lawyers for Boeheim and the university sought to have the case moved, partly because none of the parties live in New York City.
One of the elements prosecution attorneys said they were concerned about was the intense media scrutiny in the Syracuse area. Attorney Kim Zimmer however, noted that Allred has already been placing her case in the media spotlight.
"If she's [Allred’s] going to try a case in the media and then at the same time claim that she can't get a fair trial because of media coverage her ability to try it in the media I think will be hampered,” she said.
Zimmer said that the attorneys representing Davis and Lang do have some legitimate concerns about the case being in Central New York. She acknowledged that Boeheim and the men’s basketball program enjoy prominence in the area. But Zimmer noted that it does not rise to the level to satisfy the burden they have for blocking the change of venue from New York County to Onondaga County.
But the potential for the case to ever reach a jury is still in question.
A motion filed by lawyers representing the University and Boeheim has already been filed in New York and it will be transferred to Onondaga County.
Zimmer also noted that it can be challenging to get a defamation case to the jury stage.
“If you look at the complaint here, there is very clearly some language where Jim Boeheim is qualifying what he is saying and what he's saying then comes in the nature of an opinion. That's what I'm sure SU and his lawyers will be arguing,” Zimmer said.
Zimmer says the change of venue decision can be appealed, but by the time it’s heard or decided, the motion to dismiss the case may make the whole thing moot.
Allred released the statement regarding the judge's decision to keep the case in Onondaga County: "We have reviewed Judge DeJoseph's decision. He clearly has considered the arguments made. We respect his decision and we will move forward with our case."
Judge to rule on moving Boeheim slander suit
Feb. 22, 2012
SYRACUSE, N.Y. (AP) - A judge is set to decide on a trial location for the defamation lawsuit filed by two former ball boys against Syracuse University and head basketball coach Jim Boeheim.
Bobby Davis and Michael Lang claim Boeheim slandered them by saying they were out for money after their allegations of abuse by former assistant coach Bernie Fine surfaced in November. They filed the suit in New York City and are fighting a move to a court in Syracuse, where they don't believe they'll get a fair hearing because of Boeheim's high standing in the community.
Lawyers for Boeheim and the university want the case moved, partly because none of the parties lives in New York City.
The judge is expected to rule by Wednesday afternoon.
Fine hasn't been charged.
Judge will decide on moving Syracuse slander suit
Feb. 21, 2012
SYRACUSE, N.Y. (AP) - A judge said he'll likely rule by Wednesday whether to move a slander case against Syracuse University and its head basketball coach to Syracuse from a New York City court, where the defendants say they can't get a fair trial.
State Supreme Court Justice Brian DeJoseph heard arguments Tuesday in Syracuse on moving the trial location for the defamation lawsuit bought by former ball boys Bobby Davis and Michael Lang. The pair claims Coach Jim Boeheim defamed them by saying they were out for money after their allegations of abuse by former assistant coach Bernie Fine surfaced in November.
Lawyers for Boeheim and the university want the case moved to Syracuse, partly because none of the parties lives in New York City. Lawyers for plaintiffs claim the two men can't get a fair trial in Syracuse because Boeheim and his program are so popular locally.
Mariann Wang, the lawyer representing the men, told the judge that Boeheim and the university have "extensive and deep influence" in the local area that would make it difficult to seat an impartial jury.
"Boeheim has enormous standing in the community," she said.
In arguing that an impartial jury could be seated in Syracuse, the university's lawyer in the change-of-venue case, Mary Beth Hogan, noted that Boeheim was the target of criticism from locals after media reports of his initial reaction of the allegations against Fine.
"He's not above attack from other people in this county," she said.
Davis and his stepbrother Lang claim Fine repeatedly forcibly touched them in the 1980s. Fine has since been fired. The lawsuit claims Boeheim "knew or should have known" about the alleged conduct of his assistant.
Boeheim vehemently supported his longtime assistant when the accusations broke and called Davis a liar and opportunist looking to cash in on the publicity surrounding the Penn State sex abuse scandal. Boeheim later apologized amid criticism from victims' rights advocates. He said he based his initial comments on a 2005 university investigation that failed to corroborate Davis' claims.
Bernie Fine has denied wrongdoing and hasn't been charged.
The claims by Davis and Lang happened too long ago be investigated. But the U.S. Attorney's office is investigating the claims of a third man, 23-year-old Zachary Tomaselli of Lewiston, Maine.
Boeheim and the university have made legal moves to dismiss the lawsuit.
