District Attorney: Bernie Fine accuser Zach Tomaselli changed his story

tomaselli01.JPGZachary Tomaselli, 23, shown in this Nov. 26, 2011 file photo, has accused former Syracuse University associate head basketball coach Bernie Fine of molesting him in a Pittsburgh hotel room in 2002 when Tomaselli was 13.

Syracuse, N.Y. -- One of Bernie Fine’s accusers initially told Syracuse police the former Syracuse University coach molested him in early 2002 while he was attending an away game against the University of Connecticut, Onondaga County District Attorney William Fitzpatrick said today.

But Fitzpatrick said that after law enforcement authorities discovered that SU never played UConn during the 2001-02 season, Zach Tomaselli changed his story.

Tomaselli then told police that Fine sexually abused him in a Pittsburgh hotel room in January 2002, the night before SU played Pittsburgh, Fitzpatrick said, questioning Tomaselli's credibility.

Tomaselli fired back today that Fitzpatrick’s account is not true.

He said that he initially told a police dispatcher that Fine molested him after inviting him to an away rivalry game, possibly against Connecticut. But within 24 hours, a friend, whom Tomaselli would not identify, reminded him that he had gone to Pittsburgh to see SU play, he said.

"I was 13 at the time. I had been in the northeast less than three or four months. That was not something I remembered, the specific city. I did once I thought about it," Tomaselli said. "The minute I actually thought about it I knew it was Pittsburgh. One hundred percent."

Minutes later, Tomaselli said, “I don’t think I ever told the police it was in Connecticut. I’m 90 percent sure I did not even tell Connecticut to a police dispatcher. That 10 percent, I might have said it was a rivalry game, possibly Connecticut.”

2012-01-19-Fitzpatrick5-EMB.JPGOnondaga County District Attorney William Fitzpatrick told The Post-Standard on Jan. 19, 2012 that Zach Tomaselli changed his story, initially telling police that Bernie Fine molested him in Connecticut, then telling them the sexual abuse occurred in Pittsburgh.

Tomaselli, 23, is the only known accuser of Fine whose allegations could possibly result in a prosecution because of the statute of limitations, according to prosecutors and legal experts.

Tomaselli said he recalled that Fine had invited him to watch an away game in Pittsburgh - not in Connecticut - before police detectives met him and questioned him about the incident. He said he never knew that SU did not play UConn in the 2001-02 season until a Post-Standard reporter questioned him today. No police officials ever confronted him about that fact, Tomaselli said.

Fine, 66, who was fired by SU in November after three men publicly accused him of molesting them as children, has not been charged with any crimes. Through his attorneys, Fine has maintained he did nothing wrong.

Assistant U.S. Attorney Steve Clymer, who is overseeing the investigation of Fine, declined to comment today on Fitzpatrick's assertions.

The spokesman for the Syracuse Police Department, whose detectives interviewed Tomaselli, did not respond to a request for comment.

Fitzpatrick's office initially launched an investigation of the sexual abuse allegations against Fine. But Fitzpatrick announced Dec. 7 that he was ending his investigation because no crimes had occurred in Onondaga County within the statute of limitations and the U.S. Attorney's office was taking over the case.

Staff writer Emily Kulkus contributed to this story. Contact Mike McAndrew at mmcandrew@syracuse.com or 470-3016.

If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy.