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Bernie Fine can’t be charged, despite credible accusers, D.A. says

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A New York prosecutor says he cannot bring charges against Bernie Fine even though the accusations of sexual abuse against the former Syracuse assistant basketball coach are credible.

Onondaga County Dist. Atty. William Fitzpatrick says he will not pursue a state case against Fine because the allegations of former ball boys Bobby Davis and Michael Lang happened too long ago to be prosecuted and the statute of limitations has passed.

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“On almost every single criteria, Bobby Davis came out as a credible person,” Fitzpatrick said Wednesday. “Mike Lang also comes across as a credible person.”

Fitzpatrick went on to praise Davis and Lang for coming forward with the accusations and apologized to them for not being able to bring charges against Fine.

Davis and Lang, who are stepbrothers, have accused Fine of sexually abusing them for years, starting in the 1980s.

A third man, 23-year-old Zach Tomaselli of Lewiston, Maine, also has accused Fine of molestation. Those allegations fall within federal statutes of limitations and are being investigated by the U.S. Secret Service.

Fine, 65, had been Coach Jim Boeheim’s top assistant since 1976. Fine was fired last month after the three men’s accusations -- which he has adamantly denied -- became public.

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-- Chuck Schilken

The Associated Press contributed to this report.

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