Syracuse Sex Abuse Victim Records Phone Call, Proving Coach's Wife Knew

[tednlou2]

Bobby Davis accuses Syracuse coach, Bernie Fine, of molesting him ever since he was 12 years-old.  To get some kind of proof, Davis records Bernie's wife on the phone.  He knew she knew what had been going on for years and may give up a lot of details. 

I don't get this woman.  She acts like she cares, but did nothing to stop it.  In fact, she seems to act like what her husband was doing was bad, but just something some men do.  And, she also had sex with him when he was a senior in highschool, but 18 years old, and says she probably messed him up as well.  She says her husband just needs to go get "some gay boys."  This woman is just as guilty in my opinion.  This man preyed on a boy who needed a father figure in his life.  It makes you wonder how many men you know have done the very same thing, but it just never crossed your mind to think they would do such a thing.  I remember a few men who mentored young boys I went to school with growing up and would go camping alone with them.  I now wonder whether something more was going on.   

You can watch the ESPN story that contains the recorded phone call below:

http://www.huffingtonpost.com/2011/11/27/bernie-fines-wife-admits-abuse-fears-syracuse-coach_n_1115228.html?ref=sports

[mecch]

Wow thats a chilling story and one very delusional wife. I don't know how that couple ended up in such a psychological state.  Just hearing her talk so calmly and "fake" rational about her husband's criminal acts, his delusions and yet totally ignoring her own responsibilities toward this boy.  When she is talking to the boy as an adult, and saying the crap about her husband, just needs to go find a gay boy in that kind of place, and totally ignores that this young man was sexually molested for years, in a major sex crime!  And then she slept with him too, at 18!

[wolfter]

Unfortunately, Bobby has violated the law by recording the conversation without her consent.  I certainly hope it doesn't cause him further troubles.

Wolfie

[Jeff G]

Unfortunately, Bobby has violated the law by recording the conversation without her consent.  I certainly hope it doesn't cause him further troubles.

Wolfie

I thought I heard on the news that recording a phone call without consent was legal in the sate he recorded it in as well as the one she was in . I may have missunderstood because I was busy while listening to the news report .   

[WillyWump]

I thought I heard on the news that recording a phone call without consent was legal in the sate he recorded it in as well as the one she was in . I may have missunderstood because I was busy while listening to the news report .   

12 or so states require both parties consent, the others only need one parties consent. I guess it is going to depend, as you say JG, on what states the actors were in during the recording.

http://www.citmedialaw.org/legal-guide/recording-phone-calls-and-conversations

BTW, the lady is IMHO culpable under a crime of omission for knowing and not doing anything. What a bitch.

-w

[Jeff G]

12 or so states require both parties consent, the others only need one parties consent. I guess it is going to depend, as you say JG, on what states the actors were in during the recording.

http://www.citmedialaw.org/legal-guide/recording-phone-calls-and-conversations

BTW, the lady is IMHO culpable under a crime of omission for knowing and not doing anything. What a bitch.

-w

As you say the laws regarding this differ form region from region . Its my understanding that in NY the crime of recording phone conversations mostly applies to wire taps by a third party where the others are not aware of it . Here is a copy and paste of the NY law .




 New York

Intercepting or unlawfully engaging in wiretapping without the consent of one party is a felony. N.Y. Penal Law §§ 250.00, 250.05. Mechanical wiretapping is illegal under the statute only when the party whose wires are tapped is not a party involved in the conversation. People v. Gibson, 23 N.Y.2d 618 (N.Y. 1969). However, a party to the conversation may surreptitiously record a conversation. Id. In addition, those who talk in the presence of a non-participating third party may have no expectation of privacy with respect to statements overheard by the third party. People v. Kirsh, 176 A.D.2d. 652 (N.Y. App. Div. 1991).

These laws apply to conversations conducted over cellular or cordless phones. People v Fata, 159 N.Y.S.2d 348 (N.Y.App. Div. 1990).

A state court held that newspapers that published transcripts of an illegally recorded telephone conversation were subject to civil liability when the “newspapers knew they were dealing with recorded conversations between unconsenting parties.” Natoli v. Sullivan, 606 N.Y.S.2d 504 (N.Y. Sup. Ct. Oswego County 1993), aff’d, 616 N.Y.D.2d 318 (N.Y. App. Div. 1994).

Publication may also constitute the crime of “tampering with private communications,” a misdemeanor. N.Y. Penal Law § 250.25. A person is guilty of this crime when he divulges the contents of a private letter or communication knowing that it has been opened or read. N.Y. Penal Law § 250.25
 

[mecch]

Yeah but no but yeah
The report I listened to said his recording was legal.

In this horror story, why have you latched onto this detail?

[Ann]

I think any person who is aware that sexual abuse of children or teenagers is taking place, but does nothing to stop or prevent its occurrence, is just as guilty and should also be held responsible and accountable.

My grandmother knew my grandfather was sexually abusing all four of their children, but never did a single thing about it. I despise her (and him) for ruining the lives of those children (including my mother) and the knock-on effect it had on their families and relationships as adults. This happened in the 1930s and 40s when such things weren't talked about, but to my mind, that's no damned excuse. A mother's first responsibility is to her children's safety and she failed miserably in that responsibility. Children should be able to feel safe and unmolested in their own home.

People who turn a blind eye to the sexual abuse of children should be locked up right alongside the abusers. No ands, iffs or buts about it.

I hope these two get locked up - and receive therapy too. I can only hope they had no children of their own - if they did, who knows what kinds of abuse they suffered in the family home. It chills my blood.

In this horror story, why have you latched onto this detail?

I would imagine he "latched onto" this detail because if the recording was illegal, it could mean this woman would get away with her crimes, which would be a travesty.

[Florida69]

Ann I completely agree with you.  This has a been a strange year for me, the person who molested members of my family when we were young was convicted and sentenced to 20 years in January of this year.  Then all of these coaches who have been brought down has me thinking that no child is safe.  All I can say is I am grateful that I didn't have any children, because I would have found myself in jail a long time ago for murdering someone that hurt one of my kids.  D