Bernie Fine may have been fired for alleged sexual misconduct against two ball boys at Syracuse, but the state will not press charges. Bobby Davis and Mike Lang are credible witnesses in the alleged crimes they sustained as ball boys for Syracuse, but their accusations came too late.
Onodaga County District Attorney William J. Fitzpatrick stated: “For the obvious problem of the statute of limitations, their allegations would have resulted in the arrest of Bernie Fine, at least for the misdemeanor charge of sexual abuse in the third degree. I make no judgment as to what the outcome of a trial would have been, or whether Mike Lang and Bobby Davis could have withstood the rigors of cross-examination," Fitzpatrick added. "It is not my place to pronounce Bernie Fine guilty of anything. It is my place, however, especially in light of recent events, to affirm that these two victims are believable."
An audio tape was presented to investigators in the case that showed Laurie Fine, wife of Bernie, knew of the sexual misconduct; but did nothing to stop the molestation. Bobby Davis secretly recorded a phone conversation between him and Laurie Fine. Had the phone recording come years earlier, the evidence would have been crucial.
Fitzpatrick messaged Davis apologizing for the inability to charge Fine. “Bobby, I’m sorry it took so long. I wish I had met you as a prosecutor in 2002. Even more importantly, I wish I had met you as a prosecutor in the 1980s. We wouldn't be here today. Someday your kids are going to ask you … why you subjected yourself to scrutiny and your answer should be easy. You did it because it was the right thing to do. You were fighting for other kids.”