Syracuse University must turn over at least 25 documents about its investigation into a former associate men’s basketball coach who was fired in 2011 over sexual abuse allegations to his wife’s attorney, a federal judge has ruled.

U.S. Magistrate Judge David Peebles wrote in a 16-page order it does not appear that SU was concerned Bobby Davis — one of two former Syracuse ball boys who allege Bernie Fine sexually abused him — would sue when he first contacted the university in 2005. Thus, the judge ruled, these documents are not privileged and must be turned over in 21 days — unless SU appeals. The order is dated Wednesday, but was not available online until Thursday.

Some of these documents include five drafts of a witness statement Davis gave to SU, as well as notes from an interview with him.

In a separate move, Peebles said he will review 108 other documents that SU argues are protected under attorney-client privilege. The judge wrote he will issue a decision about whether those must also be turned over later.

The order is part of a lawsuit brought by Bernie Fine’s wife, Laurie Fine, against ESPN Inc. Laurie Fine sued ESPN on May 21, 2012, arguing statements it aired were false and defamatory. These statements include one alleging that she had witnessed sexual abuse. None of the documents the judge ordered to be turned over to her attorney would necessarily become public unless, for example, the lawsuit went to trial.

SU fired Bernie Fine on Nov. 27, 2011. He was not charged after an almost yearlong federal investigation and has denied all wrongdoing.

The university is not named in the lawsuit, but it was subpoenaed for documents on Dec. 4, 2012. SU has turned over more than 500 other documents in the case, according to past filings in the lawsuit, though it’s unclear what they are about.

During a hearing on Sept. 30, Laurie Fine’s attorney, Lawrence Fisher, argued he needed additional documents to judge the credibility of witnesses in the case and to see if their stories had changed.

Fisher did not return a call late Thursday afternoon. SU’s attorney, Helen Cantwell, and Senior Vice President for Public Affairs Kevin Quinn also did not return a message.

Published on October 17, 2014 at 12:04 pm

Contact Dylan: dmsegelb@syr.edu | @dylan_segelbaum