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Lawyer argues for release of Fine documents

An attorney for the wife of a former associate men’s basketball coach who was fired over sexual abuse allegations said in federal court on Tuesday that documents he’s received from Syracuse University show an obsession with possible media exposure.

“When one looks at the totality of the documents — the documents that have been produced so far — one sees nothing but a concentrated and focused concern with public relations, with public image,” said Lawrence Fisher, an attorney for Laurie Fine, who’s suing ESPN Inc. and two of its employees for defamation.

SU fired Laurie Fine’s husband, Bernie Fine, on Nov. 27, 2011, after former Syracuse ball boys Bobby Davis and Mike Lang alleged he sexually abused them. Bernie Fine has denied all wrongdoing and was not charged following an almost yearlong federal investigation.

In a motion hearing before U.S. Magistrate Judge David Peebles, Fisher said it was necessary to get 26 documents — including drafts of witness statements— from SU to help with his client’s lawsuit against ESPN. SU’s lawyer, Helen Cantwell, argued these documents were protected under a type of attorney privilege.

The university has provided Fisher with more than 500 other documents. But, Fisher said, to assess the credibility of witnesses, it’s necessary to see if their statements have changed.



Cantwell, SU’s attorney, said the university was concerned at the time about the possibility of lawsuits being filed. That means, she said, these documents are privileged and should not have to be turned over.

It is unclear, Cantwell said, why these documents relate to Laurie Fine’s dispute with ESPN.

“As the court has noted, she has the final statements from that time,” Cantwell said.

Laurie Fine, as well as two lawyers representing ESPN, Nathan Siegel and Tom Curley, attended the hearing but did not speak. Fisher and Cantwell declined to be interviewed.

The judge will issue a decision at a later date.





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