Cornell - Syracuse Postgame Reactions OR A Juli Divided
0 Comments Published on 11.12.2017 by John Brennan
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| People have been calling me a mother****er for 42 years. Well, IT'S TRUE, SON! |
The Syracuse Men's Basketball team opened the 2017-2018 season on Friday night against upstate rival Cornell. There was nothing remarkably unusual about that... other than Orange coach Jim Boeheim's eldest son, Jimmy, is a freshman for the Big Red. And so Jimmy has gone from being a ball boy in the Carrier Dome in his toddler years, so playing his first collegiate game on that same court bearing his father's name. And in fact, his first collegiate points came on a three as he positioned himself right in front of the Syracuse bench. Drew it up great! But at the end of the day, this was about Syracuse vs. Cornell, and starting the season off the right way. And to the extent Syracuse won the game, then mission accomplished. Orange > Big Red, 77-45.
- Leading the way for the Orange in scoring was Tyus Battle. Because it had to be. Tyus put up 18 points on 6-14 shooting, 2-5 from three, and 4-6 from the line. He also grabbed four rebounds in 28 minutes (no other Orange player clocked more time, with Matthew Moyer also playing 28 minutes).
- Battle needed to step up and be that veteran leader on a team that doesn't really have a senior leader to look to right now. It's a young team, so Battle did what he had to do in this regard.
- Also in double digit scoring were Geno Thorpe off the bench with 12 points on 4-13 shooting, and Oshae Brissett with eleven points on 3-13 from the floor. Overall, Syracuse shot 29-70. I'll spare you the math: it's 41.4%.
- Don't be fooled by the 77-spot: Syracuse is not a great offensive team. They'd get some great looks, but couldn't get the shots to drop. They also seemed to struggle getting into any sort of offensive groove or setting up any good plays. That being said, most of these guys have only been playing with each other for several weeks -- and mostly against themselves -- so with more game time experience, hopefully we'll see some better gelling.
- A bright spot with this squad has to be the size, and therefore, defense. Because these players are tall and long-armed, they can cover a larger area in the zone defense. To that end, they held Cornell to 13 baskets on 52 attempts (25%), had 33 defensive rebounds, caused 15 turnovers, blocked six shots, and had twelve steals. Add in 21 offensive rebounds, and you've also got yourself lots of second chance opportunities. The 2-3 zone is generally difficult for young players to fully grasp, but a combination of their understanding of it, their size, and Cornell being Cornell really made the defense look great on Sunday.
- Grad transfer Geno Thorpe looks good -- or at least that potential is there -- but he really had a hard time getting his shots to fall. Maybe a little more finesse and he'll be a huge scoring threat off the bench.
- Though you'd have wanted to see a better offensive output from him, Matthew Moyer had a decent game and showed some skills on rebounding. He had the benefit of redshirting last year, being in practice and learning the game, so I expect him to be a force this year. He and Battle should compliment themselves very well.
- The newly-renumbered Frank Howard had a decent game back in his role as starting point guard. He ran the offense well enough, and had some great plays, but he needs to step it up against better competition. That said, I think he can, and will.
- For Cornell, Matt Morgan led the way in scoring with 14 points on 3-9 shooting. Jimmy Boeheim was right behind him with eleven points on 4-13 shooting.
Jimmy's younger brother Buddy signed his National Letter of Intent with Syracuse a couple days before this game, so assuming he doesn't redshirt next year, we'll be looking at a Boeheim/Boeheim vs. Boeheim game next fall, when Syracuse inevitably finds itself playing Cornell again. But until then, we focus on '17-'18, where Syracuse has rather low expectations. I have no problem with that assessment, given the young age of the team and its disappointing trip to the NIT last year. But, Syracuse tends to do a lot better than expected when the expectations are so low. It's a much tougher non-conference schedule this season (highlighted by a trip to Miami to face Kansas in the Hoophall Invitational, which I will be attending), and the ACC won't be any easier. However, seeing this team on Friday night proved to me that there's a lot of talent there, and if they're able to harness it and mesh together as a team, they have the potential to surprise some people.
Or at least that's the optimist in me talking.
Up next, Tuesday night against Iona.
Labels: Basketball, Jim Boeheim, Recap
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| The Boeheim defamation lawsuit has been resurrected |
Editor's note: The following is a quick post about today's Court of Appeals decision while I'm on an extended lunch break during a jury trial. Yeah. That's how much I care about you people!
Today, New York's highest court -- the Court of Appeals -- issued a decision reversing the lower court's finding affirming the trial court's order of dismissal. In layman's terms: back on.
Procedurally, we know this case never went to trial. Boeheim's lawyers filed a notice of appeal very early in the process -- even before discovery. The trial judge dismissed the suit, ruling that the suit filed on behalf of Bobby Davis and Mike Lang did not allege facts sufficient to meet the legal threshold. That dismissal order was appealed to the mid-level appeals court in New York -- the Appellate Division -- which upheld the dismissal in a close 3-2 decision. The Court of Appeals took the case, and after oral arguments last month, considered arguments of both sides and determined, based on the law, that the lawsuit should be reinstated.
The gist of the Court of Appeals' decision is that Davis & Lang sufficiently alleged that the statements of Boeheim in the hours and days after the Bernie Fine allegations were made public, were of such a nature that they constituted "mixed fact and opinion," which makes it at least sufficient to survive a motion to dismiss. Boeheim making statements that "they had done this before" in regards of Davis & Lang making these sex abuse allegations, as well as Boeheim's reference to the investigation that found no proof of the abuse, are what did Boeheim in. Those facts were special facts that the public -- the reasonable listener/reader of Boeheim's statements -- had no knowledge of prior to Boeheim stating it. Because Boeheim's statements of opinion are based upon those special facts not previously disclosed, the Court found they were mixed fact & opinion, which are the proper basis of a defamation lawsuit.
But wait, this isn't the end of the road. The Court of Appeals is merely stating that the allegations in the lawsuit are sufficient for the case to move forward. That means, the case can proceed through the discovery process, depositions of witnesses, other legal wranglings, and ultimately a jury trial. A jury could still find that those statements were not defamatory. A jury could find that the statements of fact upon which Boeheim made his opinions were actually true -- and most of us know that the truth is a defense to defamation.
So, Boeheim could still walk away from this unscathed. Or, a jury could rule against him and find that he did defame Davis & Lang. Or, maybe this doesn't even get that far -- maybe all the parties reach a settlement, the terms of which we'd probably never know. Stay tuned, we'll walk you through any future developments.
Labels: Defamation Lawsuit, Jim Boeheim, Orange44 Lawdogs
Detroit - Syracuse Postgame Reactions OR It Was Close, but 900!
0 Comments Published on 12.20.2012 by Brian Harrison
When it's a close game you look like this.
While Jim Boeheim may have downplayed what 900 wins meant to him, his team was very aware that they had to beat Detroit to get their coach his 900th victory. While Syracuse cruised in the first half, the second half was a different story. But, despite a pretty serious collapse, Syracuse managed to hold on long enough to beat Detroit and give Boeheim his victory. Syracuse won 72 to 68.
- James Southerland was the leading scorer for the Orange, who had another great day from behind the arc. He was 7-12 from the floor and 5-8 from 3. He drilled several huge shots in this game. He finished with 22 points in 31 minutes on the floor.
- Michael Carter-Williams was the only other Syracuse player in double digits for scoring. He finished with 12 points, ten assists, and he made 9-10 free throws. He also had six turnovers however, leading the team in that category.
- Rakeem Christmas had a solid game, earning seven points and eight rebounds. He continues to be very solid on defense as well.
- Brandon Triche had a rough night, fouling out in the last few minutes of the game and going 1-6 on the day. He'll have games like this, which is fine. He'll be having far more successful games more often than not.
- Syracuse lost all of their momentum near the end of the game. They were content to run the game out with ten minutes left, letting up on defense and failing to be as aggressive or creative on offense as they had been earlier in the game. This led to Detroit severely closing the scoring gap, outscoring the Orange 47 to 32 in the second half.
- Syracuse shot 46.8% from the floor and 37.5% (6-16) from behind the arc. Detroit shot a very close 46.7% from the floor, but only shot 16.7% (3-18) from three. That was probably the difference in this game as that is well below the usual average of Detroit, a very talented shooting team.
- Jim Boeheim wins #900, joining Coach K and Bobby Knight. Boeheim is the only coach of the three to do it all at one school.
Labels: Amazing Milestone, Basketball, Jim Boeheim
"An appeal gets us more publicity."
Today in a 30-page decision by New York State Supreme Court Justice Brian DeJoseph, the defamation lawsuit filed by Bobby Davis and Mike Lang against Jim Boeheim and Syracuse University was dismissed. The decision followed oral arguments two weeks ago, as well as written submissions by each side citing to relevant case law and how it applies to the facts of this case. I took the time out of my busy Friday afternoon schedule to read through the entire ruling, and so here are my thoughts.
DeJoseph got it right. We've made no secret here at Orange::44 that we believed the suit would be dismissed. We believed that the defense motion hit the nail on the head, cited to some very compelling case law, and would stop this case in its tracks. Good thing we were right; I didn't feel like printing a retraction.
For those of you brave enough to sift through the 30-pages of legalese, let me try to give you the Cliff's Notes, everyday version (though, to be honest, I think it's a pretty easy, common sense read). DeJoseph begins by recounting the background of the case: the November 17 breaking news of the allegations, the reactions by the University and Boeheim, the filing of the lawsuit, and the specific statements alleged to be defamatory. The decision then launches into a lengthy discussion of the law and how it applies to these facts.
The discussion is the meat and potatoes of this decision. DeJoseph begins by describing the standard he must apply: "On a motion to dismiss for failure to state a cause of action, the Court is obligated to accept the material allegations as true and the Complaint is deemed to allege whatever can be fairly and reasonably implied. If upon reasonable view of the stated facts, Plaintiff would be entitled to recover for defamation, the cause of action must be upheld." In other words, for purposes of the motion, the Court assumes the allegations are true and, under that assumption, must apply those allegations to relevant law to determine if the facts meet the elements of the defamation cause of action. Or, more succinctly, "is this defamation?" After a review of the evolution of the law of defamation, DeJoseph then gets a little more specific: "In making this determination the Court must determine whether the reasonable reader could have believed that the challenged statements were conveying facts about the plaintiff," and that "New York's approach requires an analysis of the full context of the challenged speech whereas the federal approach requires a determination as to whether the precise words express or imply a provably false fact."
This New York approach provides more protection to the speech, recognizing the context in which words are spoken/printed give those words their intended meaning. Therefore, DeJoseph determined that "the threshold issue...is whether the alleged defamatory statements constitute expressions of opinion which are not actionable or assertions of fact which may form the basis of a viable claim." Further, "the dispositive inquiry...is whether a reasonable [reader] could have concluded that [the statements were] conveying facts about the plaintiff." To that end, the factors the Court must use are: (1) whether the specific language in issue has a precise meaning which is readily understood; (2) whether the statements are capable of being proven true or false; and (3) whether either the full context of the communication in which the statement appears or the broader social context and surrounding circumstances are such as to signal readers or listeners that what is being read or heard is likely to be opinion and not fact.
Much attention is then given to the context of Boeheim's statements. First, DeJoseph writes, "the broader context of the Penn State scandal is highly relevant here as Defendant Boeheim was naturally placed in a defensive posture, attempting to defend himself and co-defendant Syracuse University from being compared to the allegations waged against Penn State, then Penn State head coach Joe Paterno, and former Penn State assistant football coach Jerry Sandusky." Boeheim is not a "disinterested observer," as the Plaintiffs argue, but rather was defending himself on an accusation that he personally witnessed Davis in Bernie Fine's hotel room; and also personally vouching for someone he has known personally and professionally for over 45 years. "Boeheim's statements appear to be a 'product of passionate advocacy' as opposed to 'careful, logically developed reason'" (i.e. Boeheim spouting out at the mouth). "The reasonable reader," DeJoseph writes, "would conclude that Boeheim was providing a biased and personal opinion on the accusations against Bernie Fine, not fact."
Second, on the context argument, DeJoseph reasons that the reading of the full text of the statements (the entire interview or the entire newspaper article) "clearly puts the reasonable reader on notice that Boeheim is boldly asserting his loyalty to a longtime colleague, and is frustrated by what he believes to be yet another opportunity for the Plaintiffs to accuse Bernie Fine of sexual abuse." It would not be sufficient, for purposes of determining whether the statements are defamatory, to simply parse the words you want out of a larger context and give them the meaning you want; rather, the words must be given the meaning within the context published.
Justice DeJoseph then has a long discussion of the word "liar" and when he believes its use becomes actionable defamation. This is a distinction I believe was not really mentioned much before now, outside of the legal filings and the arguments in court. The main idea here is that to call someone a liar, in and of itself, is not actionable; rather, the assertion that someone is a liar must also be accompanied by specific allegations of criminal conduct of the Plaintiff. DeJoseph finds that Boeheim's statements "do not include any specific allegations of criminal conduct" by Davis or Lang; that "Boeheim never uttered the words 'extortion' or 'blackmail' or any specific criminal act" when he said this was all about money. To be sure, the context of Boeheim's statetments -- in the immediate aftermath of the Penn State scandal -- and the staleness of the allegations of Davis, clearly indicate that Boeheim was asserting his opinion. Boeheim never stated he knew of any plan or scheme for Davis or Lang to get money; it was rather just his conclusion based on the context of how the story was evolving: "A full and thorough review of the statetments made by Boeheim and the articles in which they were published clearly show that Boeheim never claimed knowledge of any demand for money, but, again, Boeheim simply surmised, with the use of generalized speculation and suspicion that Plaintiffs' claims were possibly financially motivated."
Dismissing one of the last arguments in Allred's bag of tricks, DeJoseph argues against the assertion that Boeheim's statements implied that he knew facts that his audience -- or the general public -- did not know. Here, the allegation was that Boeheim had "unique access" to SU's 2005 investigation and internal report. Initially, DeJoseph notes that Plaintiffs failed to even allege this in its complaint. But more importantly, DeJoseph debunks the argument that we didn't know of this investigation: ESPN reported it when the story broke on November 17. So, you know, thanks, Mark Schwarz. DeJoseph reasons that "The ESPN story is relevant on this issue because it shows that Boeheim was speaking on an even playing field with his audience," that "when Boeheim commented on those facts, and used those facts to form the basis for his opinion, he was not drawing from any unknowns or any secrets, unique only to him."
This is important.
DeJoseph seems to believe that this is a vital piece of information. That Boeheim did not have unique facts, unknown to the public, to serve as the basis for his opinion, makes his opinion unactionable in a defamation suit. This is a holding from the recent Fourth Department case of Gisel v. Clear Channel Communications, Inc. This was a defamation case dismissed, and decided by the appeals court that would hear any appeal of this Boeheim suit. So for DeJoseph to cite directly to this case is him telling the appeals court that this case is similar to that one, and that the appeals court should come to the same conclusion that he did: that this is not defamation.
DeJoseph also seems to take the Allred legal team to task for its exaggeration of the situation and its claim that Boeheim was withholding information he knew about SU's investigation. I enjoy this gem: "The Plaintiffs seem to ignore that Boeheim is the head coach of the Syracuse University basketball team. He is not the District Attorney, not a private investigator, and not a police officer."
Finally, on page 30, DeJoseph gives his conclusion: "The content, tone, and purpose of Boeheim's statements would clearly signal to the reasonable reader, that what was being read in the articles published in the days after the initial ESPN report were likely to be an opinion - a biased, passionate, and defensive point of view of a basketball coach - rather than objective fact. Thus, Plaintiffs' defamation claim against Boeheim fails as a matter of law." Since the claim against SU was based on the same statements, the suit against SU was also dismissed.
While Syracuse University declined comment other than to state it was pleased by the ruling, Gloria Allred went on her usual over-the-top tirade. In an email to the Post-Standard, Allred said the following: "When Bobby Davis came forward years ago and complained about sexual abuse, he was ignored. When the allegations were made public he was attacked. It is difficult enough for victims of childhood sexual abuse to come forward. This decision sends the message that you can attack the alleged victim and call him a liar with impunity. It makes it even harder for victims to come forward."
Allred just doesn't get it. She thinks that by this suit being dismissed, it makes it OK for an accuser to be called a liar. That some blanket policy was just announced that gives victims no recourse. She, of course, worries about the chilling effect that such language could have on a potential victim to come forward; but, of course, she ignores the context. For his part, Jim Boeheim apologized for what he said, and acknowledged that his intent was not to discourage victims to come forward; rather, he was commenting specifically on a case that hit home to him, a case that he thought was cold and unfounded.
Gloria Allred should give credit to Jim Boeheim for his apology, and for his work and contributions in protecting children and helping the victims of abuse. But that all seems to be lost on her. That doesn't keep her in the headlines. On that note, the caption to the picture above is not a quote from Allred. I am not saying that she said that; she certainly did not say that publicly. But, it's my opinion that she thought it!
An appeal is evidently on the way. By law, Davis and Lang have 30 days (well, probably 35 days) within which to file a Notice of Appeal with the Onondaga Supreme Court. The notice is simply a one-page statement stating they intend to appeal. The appeals court -- The Fourth Department of the Appellate Division, based in Rochester -- will then set the timetable for submission of briefs or other arguments, and set oral argument, if necessary. Appeals can take a year or two.
So, don't expect an end to this anytime soon. But it's my opinion that, just as the defense motion to dismiss was on solid legal ground, that Justice DeJoseph's decision is also on solid legal ground. Especially with its citation to the appeals court's recent defamation decision. Good luck, Allred. You should just give up and go home.
Labels: Bernie Fine, Defamation Lawsuit, Jim Boeheim, Orange44 Lawdogs
When Do We Close the Book on the 2011-12 Basketball Season?
0 Comments Published on 4.24.2012 by John Brennan
As I sit here composing this story on April 24, it has been exactly a month since the SU Men's Basketball season ended with a 77-70 loss to Ohio State in the Elite Eight. Brian did his usual postgame recap after that game. And we've sort of moved on to lacrosse (to the extent a Syracuse fan can care about this season...). But we've done no end-of-the-season recap. Nothing that looks back and says "This is what the season was, now let's move on to the next thing." It hasn't been apathy. Not being too busy to do it. And surely not that we didn't want to talk about it. I think because, in many ways, it's because it still doesn't feel like the season is over.
Yes, the playing of the games is done. Not just for Syracuse, but for all teams. Kentucky is your National Champion, and will return to the court next season a completely different team. Teams are busy figuring out next year's rosters: seniors graduating, underclassmen leaving for the NBA, transfers, and recruits coming in. This is the talk of college basketball right now.
But I'm not ready to close the book on the 2011-2012 basketball season. No, not for Syracuse, anyway. Because this season - one that began with an exciting Midnight Madness back in the Carrier Dome on a Friday night in October - was unlike any other Orange fans have ever seen. On the court, and off. And until both of those things have met their conclusions, this season carries on.
This season saw many great accomplishments for the basketball team: a school-best 20-0 start; undefeated at home; Big East Regular Season Champions; #1 seed in the NCAA Tournament; Elite Eight appearance; the emergence of Dion Waiters and Fab Melo as college basketball superstars; and I could go on. As a fan, what you saw on the court was almost always a pleasurable and exciting experience. These guys could play, and at times, it seemed as though they were unstoppable.
And yet, it was all against the backdrop of horrible allegations that we still don't fully comprehend. After three games -- and not even one week into the regular season -- news broke that Bobby Davis and his step-brother Mike Lang were accusing longtime assistant coach Bernie Fine of past sexual abuse. From that pivotal point forward, this season -- and every part of it -- was seen in the context of these allegations. It went from "How will the team react to these allegations?" to "How will the team react to Bernie Fine being fired?" to "How is the team able to continue performing at such a high level despite these allegations?" Through it all, the players were able not only to "talk the talk" ("When we put on the uniform and step out onto the court, it's all about basketball"), but also to "walk the walk" (it really was just all about basketball when the jersey was on and the ball was tipped). The players were unfazed.
Jim Boeheim, though, different story. He was different. He had to be different. He's the face of this program - has been for 36 seasons now. He's also the spokesman of the team, one who speaks his mind more bluntly than your old school grandfather who cares nothing about political correctness. But it's that bluntness, that candor, that has ultimately has served as the basis for keeping this season alive in my mind.
We all know the story by now: when the allegations against Bernie Fine broke, Jim Boeheim made statements in the media to the effect that Davis & Lang were liars who were in it for the money. And while the attention eventually diverted away from Bernie Fine himself, mostly due to statute of limitations issues -- and, to his credit, his virtual disappearance from the face of the earth -- this entire story has turned into a focus on what Jim Boeheim said.
A defamation lawsuit filing and too many Gloria Allred press conferences later, the drama drags on. Brian and I have offered our legal insight to the defamation case -- both on this site and on twitter -- and we both think it's heading to a dismissal. A defense motion to dismiss is scheduled to be heard this coming Friday in Onondaga Supreme Court, so maybe that will get us closer to being able to close the book on this season.
Outside of the lawsuit, we were also dealing with the constant train-wreck that was known as Zach Tomaselli. Without getting into the very discussion-worthy story behind how Tomaselli even became a part of this drama, we know that the direction of the story -- and people's views of it -- were shaped by Tomaselli's involvement. At the end of the day, he was a character who did nothing but muddy the waters. His grasp of the ideas of truth and veracity are fumble-worthy. As if almost feeling the tempo of the country and knowing when he wasn't being talked about quite as often, he would inject himself back into the story -- with another allegation, or a change in his story, or a new accusation, or a recanting of his allegations, or a recanting of his recantation, or a recantation of the recanting of his recantation oh and now I've gone cross-eyed. This all, of course, leading up to his being imprisoned last week to serve a 3+ year sentence on sexual abuse charges for which he pleaded guilty.
This season had no chance of ending unless and until Zach Tomaselli was silenced. Quite frankly, knowing how obviously troubled he was, I didn't think he would make it to report for his imprisonment. But evidently he did, and now he won't have access to twitter, to telephones, or to anything else where he can interject himself into the Bernie Fine story at his every whim. Then again, I'll be the first to put money on Mark Schwarz being granted the first on-camera prison interview.
And so, we wait. We wait for the last few pages of the 2011-2012 Syracuse Basketball season to be written. The typical fan will get a sense of closure, once the lawsuit is concluded and a sufficient time has passed without hearing from Tomaselli. But we'll never know the whole story. Bernie Fine won't be writing the epilogue. He doesn't need to. We just need a basketball season where we're just talking about basketball.
Labels: Bernie Fine, Defamation Lawsuit, Jim Boeheim, Orange44 Lawdogs, Syracuse Basketball
Though I wasn't there personally, it appears the oral arguments made this morning were essentially rehashing the arguments the attorneys made in their written submissions. And we know the arguments on each side of the issue.
This morning, in between my own court cases, it occurred to me that there may be an even quicker way to get updates in this case than twitter -- shocking, I know! The New York State Court System has this online system called "eCourts," which gives the public a wealth of information on cases pending in many of the Courts in the state. Among its features is the ability to search by a case's Index Number and find out the parties, the attorneys of record, past court appearances, future court appearances, and the posting of judicial decisions. On top of all that, anybody can register for an eTrack account, which can send you an immediate email update anytime a case's information is changed in the state-wide computer system: when a new court date is scheduled, when a motion is filed, or when a decision is released. And so, I created my own eTrack account and registered for updates on this case.
For those of you looking to do the same thing, here's a quick tutorial:
- Point your favorite web browser (i.e. Chrome and nothing else) to http://iapps.courts.state.ny.us/webcivil/ecourtsMain
- Click on the link to WebCivil Supreme
- Enter the code displayed to confirm you're not a bot. If you're a bot, figure out how to mask your identity.
- On the left bar of the screen there should be a link to eTrack. Click on that.
- You're now on a page asking you to register for an account (unless you already have one). Do that.
- Once you've created an eTrack account, log in to eTrack with that information.
- Next, under the Civil Supreme Court Cases, click "Add an existing Civil Supreme Court Case"
- After probably typing in another "I'm not a bot" code, you'll then be brought to WebCivil Supreme and can search for a case a number of different ways. I suggest Index Search.
- Enter 000255/2012, select Onondaga County, and search away.
- You should now see the case you're looking for with some familiar names. Click on the linked Index Number, and you'll get a pop-up with more case information. At the bottom of the pop-up, click Add to eTrack. Boom!
If Justice DeJoseph grants the motion to transfer venue, that means the case will be heard not in "New York, Concrete Jungle," but rather in Onondaga County, home of the bustling DestiNY USA. That's still a thing, right?
If the motion is denied, then venue stays where it's been asserted (Manhattan) and the judge there will rule on the Boeheim motion to dismiss next month.
Either way, the venue issues and the motion to dismiss will really dictate whether this case settles (or rather, how soon). Of course, if it's dismissed, there's nothing to settle. That would be best case scenario for the Boeheim camp. Allred & Co. certainly want the case to go forward in New York County with the motion to dismiss being denied. I think at that point, this case goes away real fast, via settlement. Even with this case and these facts, I don't think I chance it in NYC if I'm Boeheim. Too much financial exposure. Just my opinion.
Once the change of venue motion is decided tomorrow, check my twitter (@jbren) for immediate reaction. Since I'll be in Syracuse for the USF game, you'll want to check back here for more in-depth analysis of the decision at some point on Thursday.
Labels: Bernie Fine, Defamation Lawsuit, Jim Boeheim, Orange44 Lawdogs
I normally might recap the filing or explain what I think it means, but I would urge you to just read it yourself. Though there's some legalese in it, I do think the lay person can figure it out. It reads rather easy. It sets out in simple terms exactly what the defense position is and why they take that position. It's full of several citations to other court cases where courts (particularly appeals courts which have binding law decisions over trial courts).
It certainly seems to me that Boeheim and SU are sitting on some solid legal ground (which I have felt from the inception of this lawsuit). The next step in this process will be for the Plaintiffs to file a response to the motion to dismiss, no doubt arguing their own law as to why the suit should stand. It will be interesting to see what arguments Allred & Co. can come up with to counter the motion to dismiss. Once the response is filed, the Court will then consider all the filings and make a ruling (there could also be oral argument on the motion as well). If the judge grants the motion to dismiss, the lawsuit is concluded in favor of Boeheim and SU. If the motion is denied, then the suit will continue with discovery, resolution of other legal issues (including the change of venue application) and head toward trial or settlement. We'll keep you posted!
Labels: Bernie Fine, Jim Boeheim, Orange44 Lawdogs
Today, Bobby Davis and Mike Lang filed a civil lawsuit against Syracuse University and Jim Boeheim for defamation. It was one of those "Well we're really not surprised because anything can and will happen in this case" moments. And when this whole Bernie Fine thing broke -- still less than four weeks ago -- many were concerned about Jim Boeheim's comments and assertions to the press. The concerns haven't resulted in criminal liability for Boeheim or a firing by the University, but we've now seen Boeheim dragged into a courtroom. Him, before Fine, who may never see a courtroom in this case.First, the suit itself. It was filed in New York County's Supreme Court. If you've seen an episode of the original Law & Order, this is the same court Jack McCoy prosecuted his cases. While the Boeheim lawsuit will obviously be in the civil part, not the criminal part, let's not lose the bigger picture here; this is Manhattan. This is a state suit under state law, so any county in New York has jurisdiction over this case. The specific county in which the suit is filed is the issue of venue, and by choosing Manhattan over Onondaga County, Davis & Lang (i.e. their attorney) is making a deliberate choice. Let's face it: money in Manhattan is a lot different than it is in Syracuse. The jury pool is the county of the lawsuit; think about who lives in Onondaga County versus who lives in New York County. Certainly not an indictment on what type of person lives in Onondaga County; they're regular people who understand regular things. But the type of people living in New York County are not farmers, are not blue collar workers, are not teachers, are not social workers, are not bank tellers, are not ... well, you get the picture. They're CEOs, bankers, lawyers, socialites, actors. You might say the now-infamous 1% lives there. You're gonna get a bigger jury verdict from a Manhattan jury than an Onondaga jury. No doubt Jim Boeheim & Syracuse University will be moving for a change of venue in the near future.
The lawsuit itself is for defamation. Defamation is a civil cause of action for damage caused by untrue statements being published. Slander and libel are two forms of defamation. The suit basically alleges Boeheim went to the press with false information about Davis & Lang -- by calling them liars and saying they came forward for money -- and that they have suffered damages as a result. The legal questions here will be: did Boeheim act intentionally or recklessly in making the assertions about the truthfulness & motivations of Davis & Lang? Did Davis & Lang actually suffer damage? Was that damage caused by Boeheim's assertions?
As I've mentioned on twitter, many times before today and again today, Boeheim said what he said when he said it because be believed it to be true based on the information he knew at the time. He knew these allegations about Bernie Fine had been brought several years ago about alleged acts in the 1980s & 1990s. He knew the police never brought charges against Fine. He knew the University investigated it. He knew that nobody brought to the attention of investigators could corroborate Davis' story. And he knew that the Jerry Sandusky story at Penn State had just recently broke. It was within that context of knowledge that Boeheim said what he said. When his context of knowledge changed -- i.e. with the Laurie Fine tape -- Boeheim backed off his earlier comments and, in an emotional press conference following the Florida game, offered an apology. If this case ever gets to a jury, that jury will have to examine Boeheim's words over the course of the past less than four weeks, and determine whether he knew or disregarded evidence in making his assertions about the accusers lying and being in this for money. They'll also have to weigh his First Amendment right to freedom of speech -- his right to express his opinion. Were his words assertions of truth, or expressions of opinion? That's a blurry, gray line.
Not to be lost on this development of a lawsuit is who the attorney at the forefront is: Gloria Allred. I'll be nice and not say anything about her, other than to say her reputation precedes her. Now, she was merely the speakinghead at today's press conference. At this point, she's not even the attorney of record on the case, because she's not licensed to practice in New York. According to the last page of the lawsuit, she will be filing for admission pro hac vice, which means that she will ask to be permitted to practice in NY for purposes of this case, with the assistance of NYS bar admitted counsel. I'm sure that will be approved, but Gloria Allred is not on this case for her courtroom prowess. She's on this case for things like today: the public face of the case.
In terms of where the case goes from here, we're at step #1. An index number has been purchased in the County Clerk's office in NY County. That allows the plaintiffs to file their suit with the Court. They then have to acquire jurisdiction over the defendants Syracuse University and Jim Boeheim by effectuating service of the complaint upon each of them. The attorneys will then file answers, demands for discovery, motions, depositions, etc. That can take months or even years. A settlement could happen at any time, but I honestly don't see a settlement coming anytime soon. The stakes are too high on both sides; I mean, it's Gloria Allred for Christ sakes! This whole thing really jumped up several levels with Allred's involvement.
What can ultimately happen if there's a finding of liability? The suit asks for special, compensatory, and punitive damages. Special & compensatory damages are designed to make the plaintiff whole, to put him back in his prior position and compensate him for the damage inflicted by the defendant. In a personal injury case this can be rather easy to figure out: medical bills, lost wages, loss of future earnings if unable to work again, etc. In a defamation suit, these damages are much more speculative. It'll be interesting to see exactly what is claimed by Davis & Lang outside of the "difficulty to now work in the Syracuse community and even to leave their homes." Punitive damages are those assessed to punish the defendant, severe enough to change their behavior. Most famously is the fight over punitive damages in the Exxon-Valdez case. 22 years later, that fight still rages.
We're obviously on day one of a civil suit that will go on for weeks, months, or even years. A lot can happen. If the last few weeks is any indication of what's to come, a lot WILL happen. What we can't deny is that the dynamic, the conversation has now changed. I know personally, I have gone from disbelief of the allegations against Bernie Fine, to recognition that Bobby Davis is probably a victim, to now having the belief that, yeah, this is all about the money, even if Bobby Davis is a victim. The sad thing is, I don't even get the impression from Bobby Davis that he wants it to be about the money. I truly think he just wants Bernie Fine to not abuse children. But he's gotten so caught up in bringing his story forward, so caught up with Mark Schwarz, and now so caught up with Gloria Allred, that he's just going along with what people are telling him to do. Which, unfortunately, may have been what got him wrapped up with Bernie Fine in the first place.
Labels: Bernie Fine, Jim Boeheim, Orange44 Lawdogs
Albany - Syracuse Postgame Reactions OR Welcome to Win 800
0 Comments Published on 11.10.2009 by Brian Harrison
Congratulations on 800 wins Jimmy!James Arthur Boeheim did something that few coaches have done. He has won 800 games. Luckily for Syracuse fans, he’s done it consistently over the years, winning a championship along the way, and earning the reputation of one of the best coaches in the nation. He does it by beating the University at Albany 75 to 43.
The leading scorer for Syracuse was Arinze Onuaku with 14 points. He also had four rebounds. He played well on the inside and was able to easily body other players around and get good position for shots. He played well and should continue to do so in the non-conference. God is he a horrific free throw shooter still though. First official shot of the season and he air balled it badly.
Wesley Johnson, Scoop Jardine, and Kris Joseph all had 12 points. Jardine looked good coming off the bench for Syracuse and played really well with the ball. Jardine and Johnson had four assists each. They all played well on the offensive end. Johnson also led the team with eight rebounds.
Freshman Brandon Triche had a nice game as well. In 25 minutes of play he had eight points, five rebounds and three assists. He also hit one of two from long range, to account for 50% of Syracuse’s three point baskets. He tried to force a lot of inside passes, and thus let the team with six turnovers, but that will happen with a freshman in his first game. It almost begged the question: Is this team too unselfish?
Andy Rautins had a coooooold day from the floor. He was 0-6 and 0-4 respectively. He also went down with an ankle injury and left the game and did not return. He will probably not play tomorrow night, but it looks like just a fairly serious sprain, and nothing lasting. His defense was superb before he left the game however.
The play inside was solid from both Onuaku and Rick Jackson. He had ten points and five rebounds. This was the best part of the game for Syracuse as outside shooting was null and void, and Syracuse was clearly bigger and stronger than Albany.
The shooting was ice cold from behind the arc. Syracuse was 2-17 on the day. Just a dreadful shooting performance. From the floor overall was not so bad, as Syracuse shot 48% from the floor. Additionally, they limited Albany to 27%.
The 2-3 Zone looked outstanding tonight, and that is something we did not see in the preseason. I’m glad we have scrapped the man-to-man defense for the moment as the zone is working much better and they seem to play it better. I’m sure the man defense will come as the season progresses, but right now the zone is the way to go.
This team looked pretty good in their opener, and far more serious than against Le Moyne in their preseason gaffe. Your full box score is here. Either way this team played well for Jimmy and he earned his 800th career victory, and all the well deserved accolades that go with a milestone of that magnitude. I saw 700, I saw 800, and I hope I can see 900 as well.
And now a new feature in the postgame reactions. A one tweet analysis from Orange::44 Correspondent John Brennan (@JBren): Great defense, good inside game, awful from 3, congrats Jimmy, and oh shit Andy.
The leading scorer for Syracuse was Arinze Onuaku with 14 points. He also had four rebounds. He played well on the inside and was able to easily body other players around and get good position for shots. He played well and should continue to do so in the non-conference. God is he a horrific free throw shooter still though. First official shot of the season and he air balled it badly.
Wesley Johnson, Scoop Jardine, and Kris Joseph all had 12 points. Jardine looked good coming off the bench for Syracuse and played really well with the ball. Jardine and Johnson had four assists each. They all played well on the offensive end. Johnson also led the team with eight rebounds.
Freshman Brandon Triche had a nice game as well. In 25 minutes of play he had eight points, five rebounds and three assists. He also hit one of two from long range, to account for 50% of Syracuse’s three point baskets. He tried to force a lot of inside passes, and thus let the team with six turnovers, but that will happen with a freshman in his first game. It almost begged the question: Is this team too unselfish?
Andy Rautins had a coooooold day from the floor. He was 0-6 and 0-4 respectively. He also went down with an ankle injury and left the game and did not return. He will probably not play tomorrow night, but it looks like just a fairly serious sprain, and nothing lasting. His defense was superb before he left the game however.
The play inside was solid from both Onuaku and Rick Jackson. He had ten points and five rebounds. This was the best part of the game for Syracuse as outside shooting was null and void, and Syracuse was clearly bigger and stronger than Albany.
The shooting was ice cold from behind the arc. Syracuse was 2-17 on the day. Just a dreadful shooting performance. From the floor overall was not so bad, as Syracuse shot 48% from the floor. Additionally, they limited Albany to 27%.
The 2-3 Zone looked outstanding tonight, and that is something we did not see in the preseason. I’m glad we have scrapped the man-to-man defense for the moment as the zone is working much better and they seem to play it better. I’m sure the man defense will come as the season progresses, but right now the zone is the way to go.
This team looked pretty good in their opener, and far more serious than against Le Moyne in their preseason gaffe. Your full box score is here. Either way this team played well for Jimmy and he earned his 800th career victory, and all the well deserved accolades that go with a milestone of that magnitude. I saw 700, I saw 800, and I hope I can see 900 as well.
And now a new feature in the postgame reactions. A one tweet analysis from Orange::44 Correspondent John Brennan (@JBren): Great defense, good inside game, awful from 3, congrats Jimmy, and oh shit Andy.
Labels: Amazing Milestone, Basketball, Congratulations Are In Order, Jim Boeheim
Jim, you'll always be a champion in our book. Juli too.
Jim Boeheim’s next victory will be #800 in his career. Truly a milestone few ever see. Even more special is the fact that he will have done it all at the same school. And to even one-up that, he will have done it at his alma mater. All very impressive. So, big props to Jim Boeheim.
When I began as a freshman at Syracuse in the Fall of 2000, Boeheim hadn’t hit 600 wins yet. In fact, it wasn’t until the first round of the NCAA Tournament in Dayton, Ohio against Hawaii that he reached that plateau. I was in the Sour Sitrus Society – SU’s Basketball Pep Band – and was scheduled to be in the travel band for the Big East Tournament in New York City. Sadly, the team didn’t earn the first round bye, and the band had to leave early on Wednesday of that week to drive down to the City. That did not bode well for me, as I had a midterm scheduled for that day. It was an ETS class, something to do with drama, because half the class was watching videos of famous dramatic works. The prof was a dick, because despite my offers to take the midterm early (and with an official excuse letter from the Band Department) he demanded I take the midterm at the regularly scheduled time with the rest of the class. So I missed out on the trip to NYC. If I recall, one of the BET games that year featured Syracuse having the wrong uniform combination because they weren’t sure whether they’d be the home team or the visitor. At any rate, Syracuse bowed out early but secured an at-large bid to the NCAAs, matched up in Dayton against Hawaii. I was not originally scheduled to travel with Sitrus, but a last-minute cancellation, coupled with the powers that be having sympathy for my midterm situation, allowed me to travel to Dayton. Not one of the more glamorous places to be, but a free trip is a free trip. I remember going to a place for lunch there called Cheeseburgers & Cold Beer. Surprisingly enough, they served both. Sadly though, I was a mere 19 years old with no fake ID, and had to settle with merely a cheeseburger. Maybe a Coke too. The game itself I don’t really remember, except that the Hawaii pep band was wearing Hawaiian shirts (go figure) and played Hawaii Five-O so many times I’m pretty sure it was their fight song. Near the end of the game, when it was pretty evident that Syracuse had secured a victory, an Orange Pack member started passing out placards with 600 on it. To all Syracuse fans, including the band. I had to ask what it was for, because I was naive and I guess I just had no idea that Boeheim was about to hit a milestone. I still have that 600 poster somewhere, packed away. It’ll go in my man cave when I get a house. Syracuse went on to lose to Kansas in the second round that year (which made beating them in 2003 that much better) so win #601 would have to wait.
Win #700 came four years later – late February 2005 – in the last home game of the season against Providence. The Orange beat the Friars that day 91-66, on the day the Dome said goodbye to Hakim Warrick, Josh Pace, and Craig Forth. And again, there were tons of placards in the stands, this time reading “700.” I remember being in Sitrus that day, feeling glad that he was able to get that win at home so he could celebrate it with 32,804 of his closest friends. Unfortunately, Dr. Gross and Chancellor Cantor had to be part of it. Still, clearly another great milestone for a great man who has only known Syracuse in his coaching career.
And here we are, another four years down the road, on the cusp of history yet again. But this is not Boeheim’s first attempt at #800. No, we must rewind our memories back to this past March, when our Orangemen made a fateful trip to Memphis for the Sweet 16 matchup against Blake Griffin and the Oklahoma Sooners. I actually almost went to this game, for many reasons, one of which was to be there for #800. But in the end, I couldn’t justify the time off from work, the cost of the transportation/hotel/game(s). So I guess it was fate that Oklahoma housed our boys. Jim Boeheim wasn’t going to win another game (that actually counts) unless I was in attendance.
So this means he’s got two chances this week. I’d prefer if he could beat Albany, so we can start the season off right. The team really has to get over the “oops” game against Le Moyne from last week. Thank God it didn’t count, because it serves as a great wake up call for these kids. Hmm let’s see, is there anyting else cliché I could say at this point about that exhibition? No? OK, I’ll move on.
IF, and that’s a big IF… IF Albany is victorious, there’s also a Veteran’s Day matchup at the Dome against Robert Morris. I would think that between those two games, at least one of them should clinch Jimmy his 800th win. Realistically, they should be 800 and 801, respectively. Either way, I’ll be there in my 309 “luxury suites” looking for the “800” placards.
And at the current pace, 900 could come late in the 2012-2013 season. Will Jim Boeheim still be the Syracuse coach? Will Syracuse stay at the current pace of winning games? Stay tuned. But one thing’s for sure: I’ll have to be there if and when it happens.
When I began as a freshman at Syracuse in the Fall of 2000, Boeheim hadn’t hit 600 wins yet. In fact, it wasn’t until the first round of the NCAA Tournament in Dayton, Ohio against Hawaii that he reached that plateau. I was in the Sour Sitrus Society – SU’s Basketball Pep Band – and was scheduled to be in the travel band for the Big East Tournament in New York City. Sadly, the team didn’t earn the first round bye, and the band had to leave early on Wednesday of that week to drive down to the City. That did not bode well for me, as I had a midterm scheduled for that day. It was an ETS class, something to do with drama, because half the class was watching videos of famous dramatic works. The prof was a dick, because despite my offers to take the midterm early (and with an official excuse letter from the Band Department) he demanded I take the midterm at the regularly scheduled time with the rest of the class. So I missed out on the trip to NYC. If I recall, one of the BET games that year featured Syracuse having the wrong uniform combination because they weren’t sure whether they’d be the home team or the visitor. At any rate, Syracuse bowed out early but secured an at-large bid to the NCAAs, matched up in Dayton against Hawaii. I was not originally scheduled to travel with Sitrus, but a last-minute cancellation, coupled with the powers that be having sympathy for my midterm situation, allowed me to travel to Dayton. Not one of the more glamorous places to be, but a free trip is a free trip. I remember going to a place for lunch there called Cheeseburgers & Cold Beer. Surprisingly enough, they served both. Sadly though, I was a mere 19 years old with no fake ID, and had to settle with merely a cheeseburger. Maybe a Coke too. The game itself I don’t really remember, except that the Hawaii pep band was wearing Hawaiian shirts (go figure) and played Hawaii Five-O so many times I’m pretty sure it was their fight song. Near the end of the game, when it was pretty evident that Syracuse had secured a victory, an Orange Pack member started passing out placards with 600 on it. To all Syracuse fans, including the band. I had to ask what it was for, because I was naive and I guess I just had no idea that Boeheim was about to hit a milestone. I still have that 600 poster somewhere, packed away. It’ll go in my man cave when I get a house. Syracuse went on to lose to Kansas in the second round that year (which made beating them in 2003 that much better) so win #601 would have to wait.
Win #700 came four years later – late February 2005 – in the last home game of the season against Providence. The Orange beat the Friars that day 91-66, on the day the Dome said goodbye to Hakim Warrick, Josh Pace, and Craig Forth. And again, there were tons of placards in the stands, this time reading “700.” I remember being in Sitrus that day, feeling glad that he was able to get that win at home so he could celebrate it with 32,804 of his closest friends. Unfortunately, Dr. Gross and Chancellor Cantor had to be part of it. Still, clearly another great milestone for a great man who has only known Syracuse in his coaching career.
And here we are, another four years down the road, on the cusp of history yet again. But this is not Boeheim’s first attempt at #800. No, we must rewind our memories back to this past March, when our Orangemen made a fateful trip to Memphis for the Sweet 16 matchup against Blake Griffin and the Oklahoma Sooners. I actually almost went to this game, for many reasons, one of which was to be there for #800. But in the end, I couldn’t justify the time off from work, the cost of the transportation/hotel/game(s). So I guess it was fate that Oklahoma housed our boys. Jim Boeheim wasn’t going to win another game (that actually counts) unless I was in attendance.
So this means he’s got two chances this week. I’d prefer if he could beat Albany, so we can start the season off right. The team really has to get over the “oops” game against Le Moyne from last week. Thank God it didn’t count, because it serves as a great wake up call for these kids. Hmm let’s see, is there anyting else cliché I could say at this point about that exhibition? No? OK, I’ll move on.
IF, and that’s a big IF… IF Albany is victorious, there’s also a Veteran’s Day matchup at the Dome against Robert Morris. I would think that between those two games, at least one of them should clinch Jimmy his 800th win. Realistically, they should be 800 and 801, respectively. Either way, I’ll be there in my 309 “luxury suites” looking for the “800” placards.
And at the current pace, 900 could come late in the 2012-2013 season. Will Jim Boeheim still be the Syracuse coach? Will Syracuse stay at the current pace of winning games? Stay tuned. But one thing’s for sure: I’ll have to be there if and when it happens.
Image Credit: espn.com
Labels: Jim Boeheim, Syracuse Basketball