Mr. Tomaselli asserts that he met Mr. Fine at an autograph show in 2001. Mr. Fine thereafter arranged for the boy, then aged 13, to travel to the University of Pittsburgh to watch the men’s basketball team play Syracuse University. During the trip, Mr. Tomaselli claims that Mr. Fine showed him pornography and had him stay with him overnight. The molestation allegedly occurred inside of the hotel room on January 21, 2002.
While Mr. Fine continues to deny all of the allegations of abuse, Onondaga County District Attorney William Fitzpatrick has stated that the allegations of the two boys claiming the molestation in the 1980’s are credible. Unfortunately, the crimes are too old to prosecute. Attorney Fitzpatrick also stated that Mr. Tomaselli’s claim is questionable due to his school records and the team’s travel records. Mr. Fine’s lawyer thereafter released statements to the effect that Tomaselli is a liar.
As a result of the accusations that he is lying about the abuse, Mr. Tomaselli’s lawyer, Jeffrey Anderson, filed a lawsuit in December in county court in Pittsburgh to rebut those statements. The lawsuit recounts the molestation of the two ballboys but provides few details. It further alleges that:
- Tomaselli was too young to give consent
- Fine’s abuse was unwanted
- Fine’s abuse caused substantial harm
- Anderson asserts that Fine met Tomaselli