Onondaga County District Attorney William Fitzpatrick called the actions of Mayor Stephanie Miner and the Syracuse Police Department ‘hypocritical’ Wednesday evening, and reiterated he eventually will get the information he requested.

Fitzpatrick said he is upset and puzzled by the ‘selective leaking’ of documents to the Syracuse Post-Standard from SPD’s ongoing investigation of the molestation allegations against Syracuse men’s basketball associate head coach Bernie Fine. This is after Miner issued a public statement on Monday stating Syracuse police will complete their investigation before any files are turned over.

New York Supreme Court Justice James Murphy will make a decision in court on Tuesday as to whether SPD needs to comply with a grand jury subpoena, acquired by Fitzpatrick. The subpoena requires SPD to turn over any files it has from 2002 onward involving allegations against Fine. Fitzpatrick said if Murphy orders the files to be turned over, they will be.

‘And if they don’t turn them over that’s why this is so silly. It’s a waste of time. They’re fighting like hell not to turn the files over, and yet they’re selectively leaking them to the Post-Standard. If that isn’t hypocritical to the extreme, then I don’t know what is,’ Fitzpatrick said Wednesday evening.

Miner issued a statement Wednesday denying police chief Frank Fowler or deputy chief Sean Broton authorized the release of any documents to the Post-Standard.

‘Let me be clear: Chief Fowler and Deputy Chief Broton did not in any way authorize the release of or provide any documents or information to the Syracuse Post Standard,’ Miner said in the release. Miner also noted Fitzpatrick is the only one ‘regularly providing information to the media.’

Fitzpatrick said his office was never contacted with information regarding previous allegations made by Bobby Davis or anyone else at any time and there is no documentation of his office ever being notified.

Fitzpatrick acknowledged the statute of limitations for any allegations former ball boys Davis or Mike Lang made against Fine has run out. Because a grand jury can do more than look into criminal activity and look into the activity of a public servant, receiving the documents from SPD is crucial, he said.

Fitzpatrick said he wants to know what happened in 2002 when Davis made the initial allegations, whether he was treated properly and if SPD protocols were followed and said the DA’s office can also recommend administrative or legislative action depending on results.

Another reason Fitzpatrick said he needs the files is to find out whether there are other alleged victims. But he said the most important reason for obtaining the documents of SPD’s investigations is to get to the truth in the best way possible and he said his office is the best agency designed to get at the truth.

‘If Mr. Fine didn’t do anything, then this is beyond terrible. He needs to be cleared, he needs to be exonerated by someone that knows what they’re talking about. And if he did do it, he needs to be exposed and the young man needs to be validated. He needs to hear that, yes, it did happen,’ he said.

Unlike SPD, Fitzpatrick said Syracuse University officials have been extremely compliant and willing to help in his current efforts with the case. Fitzpatrick said he has been in contact with members of the chancellor’s office as well as an attorney representing the university. The university conducted its own internal investigation of the allegations against Fine in 2005, and Fitzpatrick said SU shared the information with him.

Fitzpatrick said he spoke with the university’s attorney about SU’s investigation and once the various investigations are completed, he and the university will likely speak again about the final investigation.

He added he considered it ironic the university has ‘bent over backwards to be accommodating,’ but he has not received information from SPD.

In her statement issued Wednesday, Miner said information will be shared with Fitzpatrick and his office, but only when the timing is right.

‘It is deeply unfortunate for the people of this community, the accused and the accusers that the District Attorney has chosen a different tactic, resorting to personal and professional attacks,’ Miner said. ‘Despite his histrionics and grandstanding, we will continue to investigate these allegations and share information with the authorities, including the District Attorney and the U.S. Attorney’s Office, at the appropriate time.’

That time might be Tuesday, when Murphy gives his verdict as to whether or not the files must be turned over to Fitzpatrick and his office. Until then, the struggle continues as each side waits through the holiday and into next week.

Still, Fitzpatrick remains confident that Miner will be forced to give up the files in the end.

He said: ‘She’s going to have to release them sooner or later through the police department.’

mjcohen02@syr.edu

Published on November 23, 2011 at 12:00 pm

Contact Michael: mjcohe02@syr.edu | @Michael_Cohen13