A reasonable person could conclude Jim Boeheim was asserting facts when he said the two former ball boys who claimed Bernie Fine sexually abused them were liars and trying to get money — that’s part of what the lawyer for Mike Lang and his stepbrother, Bobby Davis, argued in a court brief about appealing the dismissal of their defamation suit against Boeheim and Syracuse University.

The appeal was argued on Tuesday in an intermediate state appellate court.

But a decision will be made at a later date.

The next proposed decision release date is Sept. 27, according to the court’s website.

Lang and Davis originally filed the suit in December 2011. They claim Boeheim’s statements were false, defamatory and “epitomize(d) the epic, years-long failure by Boeheim and the university” to take steps to make sure a man in power wouldn’t abuse boys and teens who assisted the basketball team, according to the lawsuit. The suit was dismissed in May 2012 after a judge ruled Boeheim’s statements were opinions protected under free speech.

Boeheim apologized after making the comments.

A defamation lawsuit is a type of civil lawsuit where a party tries to recover damages for harm to their reputation. The party bringing the suit has the burden of proof. In New York state, statements that are clearly opinion are privileged, meaning they don’t come with any liability.

Davis and Lang’s lawyer, Mariann Meier Wang, said in an email last week she was likely not going to give interviews. She did not respond to an email inquiry Tuesday requesting an interview.

SU’s lawyer, Helen Cantwell, and Boeheim’s lawyer, Timothy Murphy, both did not respond to three phone calls and two emails seeking an interview.

Kevin Quinn, senior vice president for public affairs, said the university is declining to comment.

Fine, former associate head men’s basketball coach, was fired from SU on Nov. 27, 2011. He has denied all allegations and wasn’t charged after an almost yearlong federal investigation.

Published on September 4, 2013 at 1:44 am

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