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We're back -- session on the docket today alleged proof that at least three people.
While several people I should say ignored allegations of child sex abuse at one of the nation's premier college basketball programs.
Bobby Davis now 39 years old one of three men claiming that they were molested by a long time Syracuse assistant coach Bernie fine.
Making an audio recording of a conversation he had with Bernie finds wife Laurie.
Back in 2002.
-- it the wife admits.
That she knew allegedly about a sexual relationship between Bobbi Davis and her husband.
Even going as far as to say there may be other victims.
The tape was allegedly given to police.
And to ESPN.
Nearly ten years ago.
-- -- -- -- -- -- -- They eat eat what he had.
-- -- -- 830 and eight.
-- -- -- -- -- Joining me now former prosecutor and defense attorney are right -- former prosecutor and defense attorney mark -- -- -- -- so.
Let's just talk about the the potential liabilities here and and let's start with this weather this guy Bernie fine should be criminally charged he's been fired.
Answer is university and and we'll talk Russert is university another day to balance -- -- -- -- his wife.
This guy the feds are looking into this now but but Arthur allegedly.
What -- his alleged victims went to the cops in 2002 without audio -- saying look I taped his wife.
We talked about the alleged abuse of me in this victim.
And he said that they Syracuse police officer said the statue limitations run is -- that I can do take a story Walken.
And ESPN says look he had gone to the authority so we didn't did the cop had it right ten charges be brought against Bernie fine.
So absolutely I mean -- -- I I defend people every single day right now and the evidence is.
Much -- much lighter than this I mean you have a tape recording of the wife.
Look if you look at it -- an isolated way it may not prove anything but when you add to it the the testimony of the victim.
Of course of course is it is a prosecutor -- against the husband.
I don't believe -- criminally prosecutable case against the white.
-- we -- talk about that in a moment but criminally absolutely at the time that was brought to the authorities.
Absolutely could have been arrested mark on the in in -- based on the evidence of the victim himself.
I don't know what the statue limitations is in New York State or whether they're looking at this from a look like a lot of years may well that that -- like five -- events -- late.
-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- But he claims he was abused it at age thirteen and fourteen and beyond all the way up to age 28.
Where it stops of course becoming being abuse after the age of majority.
And then he says he said stop so I ask you mark if under that scenario.
Now he's in his thirties.
Could he come out and say I wanna.
Prosecute a case I wanna be you know complainant in a criminal case against Bernie -- You can say whatever he wants to say and unfortunately as abhorrent as the alleged conduct there's nothing I believe the prosecutors could do at this point which is why they declined prosecution.
Five years is a statue of limitations and I read it those have run now against the wife.
As -- -- -- and as reprehensible as her actions allegedly.
I also see unfortunately no cry that they can bring there is no mandatory reporting requirement of child abuse and or sexual abuse in New York.
Unless you're a health care professional T chair on -- -- professional who has an obligation.
Because all his -- like I thought -- this is now in his thirties who allegedly lived in the basement is saying that the wife witnessed at least one of the incidents.
And when you listen to her on the tape she seems is to acknowledge that he's got in her view of this hasn't been proven.
But you know at propensity for.
Little boys and here's just -- -- -- -- number one control room.
With the wife on that list of.
I definitely don't I don't think it will and -- Aren't there is talk about civil liability if they sued the -- -- -- -- and Bernie and his wife Laurie.
That tape suggests she had knowledge and here's what I would argue and I I -- admit it's a unique argument.
But in the State of New York the only obligate any time someone has -- a duty to look after a younger person they have an obligation to report any kind of sexual abuse write a -- a hospital worker teacher.
My argument would be this kid is living in her basement.
He is she is DeDe facto his guardian ad during the time when he's a minor which I believe he was -- him living with them.
She now has.
To report isn't even though they're very well a lot of laws about not justifying -- your husband -- have to do with the criminal law.
We will make an argument I know that he and Hillary you are true criminal lawyers -- -- in and out of that it will come on a civil lawyers make it can talk -- -- -- actual colors.
If you're defending Bernie -- he gets charged.
You you've got.
Some points that you can race I mean -- there are some questions about whether these the first two accusers tried it you know shake this guy down for money and then this third guy.
Is -- who's accusing him now is facing charges of himself being a child molester and his own father is coming out saying he's a liar he was never alone Bernie fine and ever allowed any of these trips.
He's making the whole thing -- mark.
You know fortunately or unfortunately fortunately from the defense side unfortunately because -- a citizen who cares about victim.
You know there always says that less is a busload of nuns -- videotape and -- a confession.
There's always something that can be dug into there's always reasonable doubt that can be created.
Unless there are eyewitnesses were very compelling usually it's one on one and -- And it's crazy because we're seeing that at Penn State -- there was an eyewitness there -- one.
And -- assured me and no charges were brought -- you know different amended and in this case here at the all the big prosecutors are going to be like -- one person made it up may be.
Two people make it up probably not.
Three people make up what is it some huge conspiracy against coach find what -- the most unlucky man in the world.
That all three cable select him to be the victim of this that's not true or and talk about where this sense coming happen in the upcoming days guys thank you very much coming up what.
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