Judge hears arguments on moving slander lawsuit against Syracuse U and coach Boeheim from NYC

  • Article by: MICHAEL HILL , Associated Press
  • Updated: February 21, 2012 - 12:10 PM

SYRACUSE, N.Y. - A judge who heard arguments over whether two former ball boys suing Syracuse University and head basketball coach Jim Boeheim for slander can get a fair hearing in this basketball-loving city expects to decide on a trial location by Wednesday.

Bobby Davis and Michael Lang claim Boeheim defamed them by saying they were out for money after their allegations of abuse by former assistant coach Bernie Fine surfaced in November. They filed their defamation lawsuit in New York City and are fighting a move to hear it in Syracuse.

Mariann Wang, the lawyer representing the two men, told the judge that Boeheim and the university have "extensive and deep influence" in the Syracuse area that would make it difficult to seat an impartial jury. Wang said the university is a major employer, its No. 2-ranked team is immensely popular locally and Boeheim is so well known he doesn't even have to identify himself on local TV commercials.

"Boeheim has enormous standing in the community," she said.

Lawyers for Boeheim and the university want the case moved to Syracuse, partly because none of the parties lives in New York City. The university's lawyer, Mary Beth Hogan, dismissed the notion that every potential juror near Syracuse would be biased. She noted that Davis in an affidavit talked about a stranger hugging him for his courage and noted that Boeheim was the target of criticism from locals after media reports of his initial reaction of the allegations against Fine.

"We have every reason to believe the court will be able to impanel an impartial jury here in Onondaga County," she told the judge.

State Supreme Court Justice Brian DeJoseph said he expects to rule by Wednesday afternoon.

Davis and his stepbrother Lang claim Fine repeatedly forcibly touched them in the 1980s. Fine has since been fired. The lawsuit claims Boeheim "knew or should have known" about the alleged conduct of his assistant.

Boeheim vehemently supported his longtime assistant when the accusations broke and called Davis a liar and opportunist looking to cash in on the publicity surrounding the Penn State sex abuse scandal. Boeheim later apologized amid criticism from victims' rights advocates. He said he based his initial comments on a 2005 university investigation that failed to corroborate Davis' claims.

Bernie Fine has denied wrongdoing and hasn't been charged.

The claims by Davis and Lang happened too long ago be investigated. But the U.S. Attorney's office is investigating the claims of a third man, 23-year-old Zachary Tomaselli of Lewiston, Maine.

Boeheim and the university have made legal moves to dismiss the lawsuit.

  • get related content delivered to your inbox

  • manage my email subscriptions

ADVERTISEMENT

NY Yankees - LP: M. Pineda 0 FINAL
Toronto - WP: D. Hutchison 2
Detroit - LP: M. Scherzer 3 FINAL
Chicago WSox - WP: C. Sale 6
Chicago Cubs - WP: F. Doubront 5 FINAL
St. Louis - LP: J. Masterson 1
Cincinnati - LP: A. Simon 2 FINAL
Pittsburgh - WP: V. Worley 3
Minnesota - LP: J. Burton 2 FINAL
Baltimore - WP: A. Miller 3
Philadelphia - WP: J. Williams 7 FINAL
NY Mets - LP: B. Colon 2
Miami - WP: J. Cosart 4 FINAL
Atlanta - LP: A. Harang 0
Boston - LP: A. Webster 0 FINAL
Tampa Bay - WP: J. Odorizzi 7
Cleveland - WP: J. Tomlin 3 FINAL
Kansas City - LP: S. Downs 2
Detroit - WP: K. Ryan 8 FINAL
Chicago WSox - LP: C. Bassitt 4
Texas - LP: P. Klein 0 FINAL
Houston - WP: S. Feldman 2
Colorado - WP: T. Matzek 2 FINAL
Arizona - LP: V. Nuno 0
Chicago Cubs - LP: T. Wada 2 FINAL
St. Louis - WP: M. Gonzales 13
Los Angeles - LP: J. Wright 1 FINAL
San Diego - WP: T. Stauffer 2
Milwaukee - LP: M. Fiers 1 FINAL
San Francisco - WP: J. Peavy 3
Oakland - LP: J. Samardzija 0 FINAL
LA Angels - WP: Y. Herrera 2
Washington - WP: S. Strasburg 3 FINAL
Seattle - LP: R. Elias 1
Green Bay 9/4/14 7:30 PM
Seattle
BYU 35 FINAL
Connecticut 10
(6) Jacksonville St 7 FINAL
(8) Michigan State 45
Bowling Green 31 FINAL
Western Ky 59
TX-San Antonio 27 FINAL
Houston 7
Colorado State 31 FINAL
Colorado 17
UNLV 13 FINAL
Arizona 58
Penn State 26 FINAL
UCF 24
Troy 10 FINAL
UAB 48
(7) UCLA 28 FINAL
Virginia 20
Western Mich 34 FINAL
Purdue 43
(5) Ohio State 34 FINAL
Navy 17
Appalachian St 14 FINAL
Michigan 52
Ga Southern 23 FINAL
NC State 24
Boston College 30 FINAL
Massachusetts 7
West Virginia 23 FINAL
(2) Alabama 33
Rice 17 FINAL
(17) Notre Dame 48
(10) South Dakota St 18 FINAL
(24) Missouri 38
Fla Atlantic 7 FINAL
(22) Nebraska 55
California 31 FINAL
Northwestern 24
Marshall 42 FINAL
Miami-Ohio 27
UC Davis 0 FINAL
(11) Stanford 45
Arkansas 21 FINAL
(6) Auburn 45
(16) Clemson 21 FINAL
(12) Georgia 45
Liberty 29 FINAL
(23) North Carolina 56
Ohio U 17 FINAL
Kent State 14
Louisiana Tech 16 FINAL
(4) Oklahoma 48
Stephen F Austin 16 FINAL
(20) Kansas State 55
Fresno State 13 FINAL
(15) USC 52
Southern Miss 0 FINAL
Miss State 49
Texas-El Paso 31 FINAL
New Mexico 24
North Texas 7 FINAL
Texas 38
(1) Florida State 37 FINAL
Oklahoma State 31
(14) Wisconsin 24 FINAL
(13) LSU 28
Idaho 0 Postponed
Florida 0
South Dakota 13 FINAL
(3) Oregon 62
(25) Washington 17 FINAL
Hawaii 16
Utah State 6:00 PM
Tennessee
SMU 6:30 PM
(10) Baylor
Miami-Florida 9/1/14 7:00 PM
Louisville
Arizona 9/4/14 7:00 PM
TX-San Antonio
Pittsburgh 9/5/14 6:00 PM
Boston College
Washington St 9/5/14 9:30 PM
Nevada
SMU 9/6/14 11:00 AM
North Texas
Fla Atlantic 9/6/14 11:00 AM
(2) Alabama
Buffalo 9/6/14 11:00 AM
Army
(24) Missouri 9/6/14 11:00 AM
Toledo
Arkansas State 9/6/14 11:00 AM
Tennessee
(8) McNeese State 9/6/14 11:00 AM
(22) Nebraska
Central Mich 9/6/14 11:00 AM
Purdue
Akron 9/6/14 11:00 AM
Penn State
Western Ill 9/6/14 11:00 AM
(14) Wisconsin
(20) Kansas State 9/6/14 11:00 AM
Iowa State
(4) Oklahoma 9/6/14 11:00 AM
Tulsa
Western Ky 9/6/14 11:00 AM
Illinois
SC State 9/6/14 11:30 AM
(16) Clemson
Navy 9/6/14 12:00 PM
Temple
UAB 9/6/14 1:00 PM
Miss State
South Alabama 9/6/14 1:00 PM
Kent State
New Mexico St 9/6/14 1:00 PM
Georgia State
Colorado 9/6/14 2:00 PM
Massachusetts
Fresno State 9/6/14 2:00 PM
Utah
(1) Eastern Wash 9/6/14 2:00 PM
(25) Washington
(15) USC 9/6/14 2:30 PM
(11) Stanford
Ohio U 9/6/14 2:30 PM
Kentucky
Middle Tennessee 9/6/14 2:30 PM
Minnesota
Northern Ill 9/6/14 2:30 PM
Northwestern
Missouri State 9/6/14 2:30 PM
Oklahoma State
Ball State 9/6/14 2:30 PM
Iowa
Maryland 9/6/14 2:30 PM
So Florida
Eastern Mich 9/6/14 3:00 PM
Florida
Georgia Tech 9/6/14 3:00 PM
Tulane
(18) Ole Miss 9/6/14 3:30 PM
Vanderbilt
Old Dominion 9/6/14 5:00 PM
NC State
(8) Michigan State 9/6/14 5:30 PM
(3) Oregon
(19) Arizona State 9/6/14 6:00 PM
New Mexico
Louisiana Tech 9/6/14 6:00 PM
Louisiana
San Jose St 9/6/14 6:00 PM
(6) Auburn
East Carolina 9/6/14 6:00 PM
(9) So Carolina
Duke 9/6/14 6:00 PM
Troy
Idaho 9/6/14 6:00 PM
ULM
(17) Sam Houston St 9/6/14 6:30 PM
(13) LSU
Michigan 9/6/14 6:30 PM
(17) Notre Dame
Lamar 9/6/14 6:30 PM
(21) Texas A&M
Northwestern St 9/6/14 6:30 PM
(10) Baylor
BYU 9/6/14 6:30 PM
Texas
Citadel 9/6/14 6:30 PM
(1) Florida State
San Diego St 9/6/14 7:00 PM
(23) North Carolina
Virginia Tech 9/6/14 7:00 PM
(5) Ohio State
Memphis 9/6/14 9:00 PM
(7) UCLA
Colorado State 9/6/14 9:15 PM
Boise State
Air Force 9/6/14 9:15 PM
Wyoming
Oregon State 9/6/14 9:30 PM
Hawaii
Texas Tech 9/6/14 10:00 PM
Texas-El Paso
Colorado 0 FINAL
Seattle 1
New England 3 FINAL
Toronto FC 0
Columbus 0 FINAL
Montreal 2
FC Dallas 0 FINAL
Chicago 1
Real Salt Lake 1 FINAL
San Jose 1
Portland 3 FINAL
Vancouver FC 0
Ottawa 10 FINAL
Montreal 20
Winnipeg 3:00 PM
Saskatchewan
Chicago 70 FINAL
Indiana 77

ADVERTISEMENT

ADVERTISEMENT

ADVERTISEMENT

ADVERTISEMENT

question of the day

Poll: How many fantasy football teams do you draft?

Weekly Question

ADVERTISEMENT

Connect with twitterConnect with facebookConnect with Google+Connect with PinterestConnect with PinterestConnect with RssfeedConnect with email newsletters

ADVERTISEMENT

 
Close