UPDATED: Jan. 27, 8:18 p.m.

Lawyers representing Syracuse University and men’s basketball head coach Jim Boeheim requested to move the defamation lawsuit filed against them from New York City to Onondaga County. But plaintiffs argue the change of venue to a county of Orange fans could make an impartial trial difficult.

Gloria Allred, a high-profile attorney, is representing Bobby Davis and Mike Lang, the first two accusers in the sex abuse case against Bernie Fine, former men’s basketball associate head coach.

‘We filed in New York City because of concerns that the coach would have an unfair advantage in Syracuse where he is a local hero and the university is a local employer,’ Allred said in an email.

SU and Boeheim’s lawyers filed the motion for a change of venue to Onondaga County last week with state Supreme Court Justice Brian DeJoseph after Lang and Davis filed their lawsuit in December in New York City, according to court papers filed last week.

Davis and Lang claim Boeheim defamed them when he publicly accused the stepbrothers of lying about Fine molesting them. Boeheim later apologized for these comments.

Lawyers representing SU and Boeheim argued that the suit should be moved to Syracuse because no parties reside in New York City. Davis and Boeheim reside in Onondaga County, Lang resides in Oswego County, and SU is located in Onondaga County, according to the papers.

In a preliminary statement in the motion to change venue, signed by New York City lawyer Andrew Levine and Syracuse lawyer Timothy Murphy, lawyers representing SU and Boeheim recognized that the plaintiffs’ counsel ‘sought to justify the selection of New York County on the basis of convenience of unidentified witnesses and the belief that an impartial trial could not be had in Onondaga County.’

Though the court may consider such factors, SU and Boeheim’s lawyers said the factors ‘do not provide any basis for Plaintiff having brought this action in a venue in which no party resides.’

The New York Civil Practice Law and Rules provide that the place of trial ‘shall be in the county in which one of the parties resided when it was commenced,’ except where otherwise prescribed by law, according to the SU and Boeheim’s defendants’ argument in the motion.

The request for change of venue will be heard before DeJoseph on Feb. 21 at 10 a.m. at the Onondaga County Courthouse, according to the papers.

Mariann Meier Wang, a lawyer representing Davis and Lang, disagreed, contending the trial would be impartial due to the Syracuse community and its ‘huge and avid fan following,’ which would cause difficulty in selecting an unbiased jury, according to a Jan. 24 article of the Post-Standard.

Wang argued that because SU provides 5,900 jobs and has a student body of about 20,000, the university’s ‘incredibly important presence’ in Syracuse would provide an obvious bias, according to the article.

Wang said such bias is conveyed through Davis’ repeated attempts to alert officials of the abuse, as Davis was told by several sources that due to Fine’s involvement with the basketball program and the power of the institution locally, he should ‘forget about what happened to him,’ according to the article.

But Allred asserts that despite the motion for a change of venue, Lang and Davis’ case remains strong.

‘We are reviewing their motion to change venue,’ Allred said. ‘However, we have confidence in our clients’ case no matter where it is ultimately heard.’

Levine, representing SU, declined to comment, as did Boeheim’s lawyers, C. James Zeszutek and Murphy.

‘We don’t comment on matters of litigation,’ Murphy said.

Fine, who was fired from the university Nov. 27, has denied the allegations and has not been charged. Federal agents and the Syracuse Police Department continue to investigate.

meltagou@syr.edu

Published on January 25, 2012 at 12:00 pm

Contact Marwa: meltagou@syr.edu | @marwaeltagouri