The Lewiston (Maine) District Court clerk’s office confirmed Tuesday that Zach Tomaselli, the third accuser in the Bernie Fine case, obtained an order of protection against former Syracuse University associate men’s basketball coach Bernie Fine, according to a Feb. 7 article by The Post-Standard.

The Post-Standard reported Monday that Tomaselli, 23, of Lewiston, Maine, filed the order. Later that day, Tomaselli told reporters, in a phone conversation, he fabricated the documents, according to the article.

Tomaselli was not clear whether he meant he had fabricated the actual document or the contents, according to the article. After The Daily Orange contacted him, he sent an email to multiple media outlets claiming he never said he faked the document.

After Judge Susan Oram signed the order, prosecutors in Maine flagged the Tomaselli complaint for potential prosecution if it is found that Tomaselli lied about the harassment, according to a Feb. 6 CNY Central article.

Filing a knowingly false complaint is a criminal offense and is subject to prosecution.

Tomaselli emailed what he said is a copy of the order to The Daily Orange on Monday. In the document, he said Fine repeatedly called him, on both his home phone and cellphone, to intimidate him.

Fine is prohibited from having contact, direct or indirect, with Tomaselli and is prohibited from ‘threatening, assaulting, molesting, harassing, or otherwise disturbing the peace’ of Tomaselli, according to the document sent to The Daily Orange.

Tomaselli additionally wrote in the affidavit for protection from abuse and harassment that Fine has been contacting him to ‘harass, terrorize, and intimidate’ him. He wrote that Fine said he will never be found guilty, and he will make Tomaselli ‘pay dearly’ for reporting Fine to investigators, according to the order.

The order was filed at the Lewiston District Court. A hearing on Tomaselli’s complaint will take place at the same court March 6, according to the document.

Fine, who was fired from the university Nov. 27, has denied the allegations and has not been charged. Federal agents and the Syracuse Police Department continue to investigate.

snbouvia@syr.edu 

Published on February 7, 2012 at 12:00 pm

Contact Stephanie: snbouvia@syr.edu | @snbouvia