For the third time, a federal judge has ordered Syracuse University to turn over documents related to a 2005 investigation of sexual abuse allegations against former SU associate men’s basketball coach Bernie Fine.

Senior U.S. District Judge Lawrence Kahn upheld two 2014 decisions made by U.S. Magistrate Judge David Peebles that said several documents in the investigation were not protected under attorney-client privilege or were prepared in anticipation of a lawsuit, according to a May 28 document filed in the case. In January, SU filed a document objecting to Peebles’ decisions, asserting that they were, in fact, protected.

This most recent ruling is a part of an ongoing lawsuit filed by Laurie Fine, Bernie Fine’s wife, against ESPN. The lawsuit, filed on May 16, 2012, claims that ESPN aired statements that were false and defamatory, including one in which the network stated she knew her husband was sexually abusing a ball boy.

SU could again object to Kahn’s decision and request for a higher district judge to review the decision.

The university is not part of the lawsuit, but was subpoenaed to provide documents related to the 2005 investigation. SU has produced at least 500 documents, but has withheld a number of documents – some of which included emails between university-appointed attorneys, General Counsel Daniel French and Board of Trustees members, according to court documents.

SU argued that the documents were protected under attorney-client privilege and that specifically, the emails that involve the attorney-appointed lawyers were sent in preparation for future litigation.

Bobby Davis and Mike Lang accused Bernie Fine of molesting them while they were ball boys at the university. SU fired Bernie Fine on Nov. 27, 2011. He was not charged after an almost yearlong federal investigation and has denied all wrongdoing.

Lawrence Fisher, Laurie Fine’s attorney, declined to comment on the ongoing lawsuit. An email to Kevin Quinn, SU’s senior vice president for public affairs, was not immediately returned.

Published on May 31, 2015 at 7:38 pm

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