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Fitzpatrick told The Post-Standard of Syracuse that prosecutors were never notified when Syracuse police were told of the complaints in 2002 or 2003 and when the university conducted its own investigation in 2005.
Prior to Aug. 5, 2008, when New York's law changed and the statute of limitations was eliminated, prosecutions for felony sex abuse of a child had to begin within five years after authorities learned about it or within five years after the child turned 18.
Paul DerOhannesian, defense attorney and former Albany County prosecutor, said the five-year statute of limitations has clearly passed for any crimes in this case if they took place in New York. But any out-of-state incidents during basketball road trips would be subject to the laws of those states, which might not have the same limits, he said.
DerOhannesian said the prosecutor also can bring information and witnesses before a grand jury to do a fact-finding report and recommend changes in the law.
"In the course of that investigation, if people lie you then have criminal offenses which are timely," he said.
Both ESPN and The Post-Standard said they first investigated Davis' accusations in 2003 but decided not to do a story because there was no independent evidence to corroborate the allegations.
Davis told ESPN that Boeheim knew he was traveling on the road and sleeping in Fine's room.
"Boeheim saw me with Bernie all the time in the hotel rooms, on road trips," Davis said. "He'd come in, and see me laying in the bed, kind of glance at me like, 'What are you doing here?' But he wouldn't say that. He'd just scowl. And I would look at him like, I'd be nervous. I felt embarrassed 'cause I felt stupid that I'm there. I'm not supposed to be here. I know it, and Boeheim's not stupid."
In a telephone interview Thursday night with the AP, Boeheim defended Fine and denied ever going to the assistant's room, much less seeing Davis there.
"This kid came forward and there was no one to corroborate his story. Not one. Not one," Boeheim said. "... They said I walked into Bernie's room on the road and saw this. I have never walked into Bernie's room on the road. This isn't true. This just isn't true."
In an on-camera interview with ESPN, Davis said he was sexually abused "hundreds of times." Asked why he didn't come forward during the 16 years he accuses Fine of molesting him, Davis said: "I honestly didn't think anybody would believe me."
Robert Edelman, a mental health counselor who is CEO of the Village Counseling Center in Gainesville, Fla., says it's rare that abuse or a sexual relationship extends past childhood.
When it does, he said, "these victims are even more confused, blame themselves more intensely and feel even more helpless, especially when they came forward as children and the abuse did not stop."
Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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