espn had the account of the accuser, bobby davis. you had the surreptitiously recorded tape of davis talking to coach bernie fine's wife. a tape that you described as damning. in retrospect, was espn too cautious in not reporting the allegations? >> i don't believe we were, howard. what we had at the time was one source, bobby daves. he had told us a story about a well-respected coach there, had been at syracuse for many years. bobby put us to three sources that he thought would either corroborate his story or tell stories of their own about being abused by bernie fine. of those three, either they wouldn't talk to us or denied the story. he also gave us a tape that we were not involved in producing, he had taped -- >> you say you had doubts about the -- doubts about the reliability of the tape with lori fine? >> i didn't have doubts particularly about the reliability, but again, we weren't there when it was taped. so we were taking the word of bobby davis who had just come to us. the tape itself -- >> what changed? we're here eight y

i said, look, i have proof that bobby davis is telling the truth. the lawyer didn't seem surprised by that. bernie fine needs to acknowledge that bobby's telling the truth. that's important. bernie fine can then say all the lawyerly-like things he wants, i'm going into counseling, i want to save my marriage, et cetera, et cetera. that's irrelevant to me. he's got to affirm those things and resign from his position at syracuse university. with the knowledge that we're going to continue to investigate him. and the lawyer and i, you know, went back and forth and we were fairly close to a resolution with those stipulations. >> we've asked bernie fine's attorneys the reaction to what the district attorney just said and we have not yet received a response. anderson? >> he said they were close to those stipulations. do we know why they didn't take the next step and actually make that deal? >> because the next day, after this conversation, the tape became public and the university made the immediate decision to fire bernie fine. >> hmm, interesting. gary, a

joining me is bobby davis and michael lang and their attorney gloria allred. thank you very much indeed, all three of you, but both gentlemen for coming forward here. a courageous thing to do, not an easy thing to do. let me ask you first, bobby, why have you done this? >> i believe i'm coming forth to help children, to give them the courage to talk. you know, because i was afraid all my life to talk about this, and i need to stand up for myself and let people know that it's okay to talk about this and bring awareness. we can't allow things to go the way they did. there needs to be change. i believe the way to do that is by speaking up. and we can't allow people and institutions to handle this the way they did. in regards to why -- what boeheim said, coach boeheim, it hurt very much. that's why we're filing this lawsuit because the damage he did to us and what he said and calling us liars is very hurtful. and i just believe he needs to be held accountable and the way the university handled it also needs to be held accountable. and i just believe the way boehei

bobby davis came forward in 2002. the local new hampshispaper acks he was going to make a tape with laurie fine. the newspaper heard the tape but made the decision not to go to the police or district attorney to ask them about it. syracuse university conducted an investigation in 2005. they say their intentions were good but it wasn't a thorough enough investigation. the district attorney says he didn't know about this tape or case until two weeks ago. statute of limitations has expired. there's no other victim that comes forward or no other accuser that comes forward, bernie fine will not suffer any criminal punishment from this case. >> amazing development there. thank you very much. we'll have more on this after a quick break. forty years ago, he wasn't worried about retirement. he'd yet to hear of mutual funds, iras, or annuities. back then, he had something more important to do. he wasn't focused on his future but fortunately, somebody else was. at usaa we provide retirement solutions for our military, veterans a

and especially to call bobby davis a liar, that's really accusing him of a crime. because bobby davis reported this allegation of child molestation to the police, and to make a false statement to the police is a crime in the state of new york. so -- >> gloria, let me just -- >> have the power and the prestige of syracuse university making these statements at the dome after a basketball game is held brings in the university because under the legal concept of respondi a superior -- he's acting as an agent, as a spokesperson -- >> i got that. let me read to you what he said on december the 2nd, i shouldn't question what the accusers expressed or their motives. i'm really sorry i did that. i regret any harm that i caused. does that apology make any difference to you? >> too little too late, piers. and the damage has been done. because what he said has been carried by nationwide media. and it not only has an impact on mike and on bobby, but what about other persons who are child victims of sexual abuse? doesn't it send them a message that if they dare to speak up and te

bobby davis while she was that house? >> no question about it. all kinds of things. she didn't physically witness any molestation, but clearly body language, affect, the way they talked to each other, the way they acted around each other, the conversations she had with laurie fine, no question that -- >> for example, when it came to bernie, what did she say about the way bernie fine acted that made her know they were having a sexual -- >> the way they would do things, the way they would watch tv, the way they would eat food together, the way they would suddenly disappear together. >> what did laurie fine say to her? >> laurie fine had numerous conversations with her, and the gist of the conversations were, i don't have the right parts for bernie. and clearly indicating and you recognize that the hearsay implications of this, but clearly recognizing that laurie fine was of the opinion that bernie fine was gay and that they were leading two separate lives under the same house. >> the au pair who worked there said laurie fin

. >> bobby davis and mike lange would be charged to be credible but for the obvious problem of the statute of limitations, their allegations would have resulted in the arrest of bernie fine at least for the misdemeanor charge of sexual abuse in the third degree. >> reporter: three men accuse fine of sexually molesting them in the 1980s when they were teenagers. two were former ball boys. sthird 23-year-old zack tom celli. they're still looking into tom celli's allegations since they fall within the statute of limitations. fine denies all of the charges but on an audiotape that recently became public, his wife acknowledged her husband's alleged sexual abuse when speaking to one of his accusers. >> i know everything that went on with them. >> the university fired the 65- year-old last month after the 2002 tape surfaced. >> anyone listening to that tape which will be authenticated by federal authorities cannot fail to understand that bobby davis is being truthful. >> reporter: skierious head coach jim bayheim supported his assistant but has since apologized for how he handled the scandal. cri

the local newspaper here in syracuse is telling us tonight it knew in advance accuser bobby davis was going to secretly record the conversation. does that mean it was the newspaper's idea? we can't tell you that. the syracuse post standard is not commenting to us on the record. what they are saying is a printed statement, after the discussions with our report somewhere our knowledge, bobby davis secretly recorded a phone conversation with laurie fine on october 8, 2002. our understanding is that it was legal under the laws of utah and new york for someone in one of the states to record a phone conversation with someone in the other state without informing the second party. sounds like the paper was giving a little legal advice about placing the call. at this point, the newspaper is telling us that it would have done a story if it could have supported laurie davis saying this incident happened but they did not hear it directly from laurie davis, therefore they waited to see what was on the phone call and ended up not doing the story. >> if the paper was seemingly involved in the record

he says he totally believes the two accusers, bobby davis and mike lang. they are step brothers. he apologized about their allegations not being taken seriously. the case was brought to the grand jury and the prosecutor believes that this would have gone to trial. >> so if i'm hearing you correctly, this was a statute of limitations in the county and there's still an investigation underway there, correct? >> right. there is certainly a federal investigation. there have been at least two other accusers who have gone forward. at this point, there's no accusations that are credible but the two accusations that have been made by mike lang and bobby davis, he says that they are very credible and believes every word about what happened to them with bernie fine. >> gary tuchman, keep us posted there. thank you so much. next in reporter roulette, the nation's health secretary is overruling this recommendation by the fda on plan b, the so-called morning after bill. elizabeth cohen is here to explain, as we've been following the developments too today. what is going on? >> this is a bizarr

stepbrother mike lange and bobby davis say fine touched them inappropriately at least a dozen times when they were boys. >> so where though? >> in my leg and my tennis. >> did you see something to him >> yes, i said please stop. >> a third man is also accusing fine of molestation. head coach denies any knowledge of the alleged abuse. >> when the investigation is done, we will find out what happened on my watch. >> he says he's focused on leading the sir cause team through the season and leighing the legal drama off the court. he maintains his innocence. he has not been charged and may never be charged because the statute of limitations on the allegations against him have ex. >>> well, as the ravens gear up to take on cincinnati this weekend, coming up in a bit, the probowl picks have now been finalized. which players will be jetting off to hawaii for the end of january. also, some unwanted gift cards for the holidays? we'll tell you how you can make someone very happy and do a little swapping in the process. the la lakers, they avoided going 0-3 last night with a big win over the jazz, 9

bobby davis and mike lane claim that they were sexually abused during the 1980s. the d.a. does say he believes both guys are telling the truth. he told gary tuchman a nanny who worked in the fine home had suspicions. >> she didn't physically witness any molestation but clearly body language, affect, the way they talked to each other, the way they acted around each other, the conversation she had with laurie fine, there's no question -- >> when it came to bernie, what did she say about the way bernie fine acted that made her know? >> the way they would do things, watch tv, the way they would eat food, the way they would suddenly disappear together. >> now bernie fine's attorneys have not yet responded to the accusations allegedly made by the nanny. >>> meanwhile jerry sandusky could be getting out of jail this afternoon. the former penn state assistant coach was arrested again yesterday after two more young men came forward to accuse him of sexual abuse. now this brings the total number of alleged victims to ten. sandusky could be released on a $250,000 cash bail. >>> attor

i said, look, i -- i have proof that bobby davis is telling the truth. the lawyer didn't seem surprised by that. bernie fine needs to acknowledge that bobby is telling the truth. that's important. bernie fine then can say all the lawyerly things he likes. i'm going into counseling, trying to save my marriage, et cetera, et cetera, et cetera. that's irrelevant to me. he has to say all those things and resign from syracuse university with the knowledge that we're going to continue to investigate him, and the lawyer and i, you know, went back and forth, and we were fairly close to a resolution with those stipulations. >> now fill fitzpatrick also made a point of saying the allegations by fine's two original accusers were credible. >> dramatic new gains by republican candidate was all by forgotten until just a few weeks ago, we're talking, of course, about the former house speaker newt gingrich. >> that's right. according to new cnn/"time" orc polls, gingrich leads in three of the first four nominating states, south carolina, florida and iowa, and over in ne

bobby davis, the first accuser 2002, refused to investigate davis is the one who tapes the . here's some of that. nasty attitude, because he didne >> it's about the [ bleep ]. i know that. so you're -- i'm just telling you r >> the post standard had a hand in getting it made. gary tuchman joins me now. what do we know? >> reporter: anderson, we know a lot more about the secret audiotape of bernie fine's wife, laurie. the local newspaper here in syracuse is telling us tonight it knew in advance accuser bobb record the conversation. does that mean it was the newspaper's idea? we can't tell you that. the syracuse post standard is not commenting to us on the record. what they are saying is a printed statement, after the discussions with our report somewhere our knowledge, bobby davis secretly recorded a phone conversation with laurie fine on october 8, 2002. our understanding is that it was legal under the laws of utah and new york for someone in one of the states to record a phone conversation with someone in the other state without informing the second party. sounds like the pa

a new york court of law. >> bobby davis says fine touched him inappropriately starting back in 1984 and his stepbrother says the former coach abused him. they were both ball boys. fine says he is innocent. >>> we also have breaking news from capitol hill in the last few minutes, the house of representatives just passed the republican bill that would extend the payroll tax cut and unemployment benefits. that will likely never see the president's desk. the house bill dead on arrival because it fast tracks approval of an oil pipeline project and asks too little of the wealthy. >> i'm catering to the tea party folks when they should be working with us on a bipartisan package. >> this bill is about jobs, jobs, jobs. creating jobs and helping americans find a job. >> again, the house passed it, but the white house says president obama would veto the house bill. it's because of the pipeline if congress doesn't pass an extension, 160 million workers would see their paycheck shrink in 2012. >> you notice today temperatures getting warmer, but how long can they stick around? we're talking abo

their rights in a new york court of law. >> former syracuse ball boys, bobby davis and mike lang say they were molested by assistant coach, bernie fine. fine denies any wrong doing. prosecutors are investigating and the allegations have cost fine his job. >>> anita, the size of your paycheck could very well depend on the latest showdown here in washington. house republicans and senate democrats are squaring off without extending the payroll tax cut, which expires in just 2 1/2 weeks. >>> the nation's capital has all the appearances of the good will of the holiday season, but politics have not caught up with the pictures. >> it is senator reid wants to hold up the jobs bill, then he will go on santa's naughty list. >> not exactly nice comments from republicans about democrats or these. democrats about republicans. >> they are playing with 160 million who need a payroll tax cut. 6million who have lost their jobs and need unemployment insurance. >> if congress cannot agree to extend the payroll tax cut, a worker will take home about $1,000 fewer dollars next year. house speaker john boe

former ball boys bobby davis and mike lane filed a suit against the school and head coach jim behind. shortly after davis and layne accused him of molestation, it was suggested they were lying. >> almost everyone has used a cell phone while driving. a federal agency wants to ban all cell phones even if you use a hands-free device. so jc is life on the beltway. more on the sweeping proposal. >> cell phones are more than a distraction. they are proven deadly at an alarming rate. >> reporter: the investigation into this chain reaction crash that left one student and one of the deadliest texting behind the wheel. >> this is becoming the new dui. it is becoming an epidemic. >> now the national transportation safety board issues a strict recommendation urging a total ban on cell phone use by drivers, no texting, no talking. >> i just think it is a huge step forward. >> russell sits next to a christmas tree decorated with some of his daughter's favorite ornaments. the hartford county bride-to-be was killed by a texting driver. >> she was traveling with her fancy to meet her mom and i and the

. >> when we talk about the specific accusers here, we have bobby davis, who is the one who came forward first in 2002, also the davis young man is the person who also recorded the wife, laurie fine in that recorded phone call that espn came to air with. as ends it, davis, who is now 39 years old, his stepbrother mike lange, is another ball boy who said fine molested him. he's now 45 years of age. interestingly, the third person that came forward is a younger man who said that he was also molested by bernie fine. he's 23-year-old zach tomaselli of lewiston, maine. they're saying his case falls within federal statute of limitations and being investigated by the u.s. secret service because i believe that he claims that fine molested him on the road. >> right. and sometimes, again, each jurisdiction, even the federal government, has a different statute of limitation period. so that will be something i'm assuming that they will -- the federal authorities will look at. when you travel and cross state lines, you open up pandora's box to a number of possible agencies that can look at you. so th

we plan to do everything to be supportive of bobby and mike. >> bobby davis says fine touched him inappropriately starting back in 1984. his stepbrother says the former coach abused him on school property but fine maintains he is innocent. >>> in tonight's health alert, kids can outgrow a lot of childhood health problems. their food allergies, asthma. but for grown-ups, there is a condition that has to do with your ability to focus. it goes undiagnosed and can reek havoc with a person's life. >> the second most common psychiatric disorder along with depression. >> adhd is a neurological condition. most people think of it only affecting kids. but millions of adults never outgrow the condition. >> trouble paying attention, easy distraction, trouble sitting still or feeling restless. >> we all know how frustrating these symptoms can be in children, but in adults with adhd they can have devastating consequences. >> twice as likely to be divorced and separated. twice as likely to be unemployed and underemployed. twice as likely to use substances. >> i get bothered easily. lose interest. poor performan

davis man will includes time big breaks have already called grass from the group concept break team told them awakes who won despite being reduced to ten men ok end of the post office so i drove for green on the fifteenth of december will be enough for the rush so this could have a place in the playoffs in other games but that's commensurate transference of the knockout stage for the one mil away win at celtic mean fosco this hostile place who denies it in the second part that it's. also a premier's mattel least made it into the playoffs following a convincing four one win against all three i'm sorry again there were no other group g. game twin studies and house model the netherlands proof up on top will prove a true to four for a victory of the civilian side mara but while last season's runners up progress also confirmed school in the knockout rounds as they were up one no one is against . europe and a group stage matches will come. on thursday where another russian side we're going to have more score everything in their hands to book a place in the knockout stage as their host of

they announced the investigation shows bobby davis and mike lane gave credible evidence but could not prosecute. >> their allegations would have resulted in the arrest of bernie fine. >> the brothers told their story to espn giving details accounts of the abuse. >> i cringed up and didn't want it to happen. >> the fbi searched fine's home. later espn aired a phone call reported by davis where fine's wife acknowledges the abuse. at first, head coach defended his long-time friend. after the investigation found a third victim come forward, fine, who was on administrative leave was fired and made a public apology. >> a reaction without thinking. >> the third victim claimed fine molested him in 2002 in pittsburgh. school records may prove the claims to be false. today, fine's attorney released a statement saying the incredible damage he's inflicted on mr. fine cannot be overstated. they are looking into the claims. meanwhile, the district attorney is asking other possible abuse victims to come forward. >>> now the misdemeanor sex abuse charges had a statute of limitations of two years. pat

bobby davis says they were molested by fine. fine denies the allegations. a third man is also accusing fine. the d.a. says he will not be filing any charges because the statute of limitations has expired. it also names jim bayheim. >> well, time runs out for "occupy wall street protestors. city police conducted a predawn raid this morning. mike schuh has more on the mayor's decision to evict the protestors. >> these are among the last images before the square is cleared. at 3:00 p.m., police shut down an area. they begin the eviction. but he's backed up by 100 officers who arrive in full riot gear, helmets, face shields. long batons. >> there was a lot of confusion. >> i was asleep. i got woken up by people shouting. >> reporter: other city workers with barricades are robbed. and build a metal perimeter around the park. with one set of officers shoulder to shoulder. another goes tent to tent. >> those speaking with us seem very friendly, or not friendly, but polite. >> reporter: those with little to carry leave quickly. others are given more time to dismant

the county district attorney and as the investigation chose bobby davis give credible evidence but they could not prosecute due to a legal technicality. >> for the obvious problem of the statute of limitations, there allegations would have resulted in the arrest of bernie fine at least with a misdemeanor charge. >> the brothers also told their story to espn giving detailed accounts of the alleged abuse. >> i know i cringed and i did not want it to happen. >> the fbi searched his home. they aired a 2002 phone call recorded by davis and which the wife seemed to acknowledge the abuse. at first the head coach defended his longtime friend. after the investigation found a third victim had come forward,fine was fired and he made a public apology. >> i cannot believe what i was hearing. >> the third alleged victim claimed fine molested him in 2002 in pittsburgh. the d.a. says school records may prove declined to be false. today his attorney released a statement saying the incredible damage that he has inflicted on mr. fine cannot be overstated. federal investigators are still looking into his c

davis? >> no question about it. she -- all kinds of things that -- i mean, she didn't physically witness any molestation, but clearly body language, affect, the way they talked to each other, the way that they acted around each other, the conversations she had with lori fine. no question. >> the lawyers for fine's third accuser, zach tomaselli, have a news conference set for two hours from now, two hours from now a news conference. tomaselli's lawyers are expected to talk about filing a civil suit against fine. we'll follow that news conference and bring you the details later here on cnn. >>> all right. it gets more interesting the second we talk about politics. talk about the gop front-runner, building his lead in battleground states. i want you to take a look at the new cnn/orc poll from iowa. newt gingrich is ahead of mitt romney by 13 points. our deputy political director paul stein houser is with us now. ball, he's pulling away here and in other states, too. >> he sure is. less that be

. >> i can't bring bernie fine to justice for what he did to bobby davis and mike lang and if there's other victims, certainly pursue them to the fullest extent of the law. >> a federal investigation into one allegation. bernie fine says all are false. let's discuss this with a supervisor for the sex crimes unit in broward county florida. let's start with jerry sandusky. the judge, again, granted him bail. is this typical in a case like this that you would have a second wave of allegations and as a prosecutor, would you try to keep him behind bars? >> well, absolutely. i mean i don't think a lot of people are shocked. this is what happens, john in a lot of the high-profile, big pedophile cases. victims initially don't come forward until they hear other victims come forward. i'm sure prosecutors thinking and asking for $1 million bond, it would be tantamount to no bond because it's so high they want this person behind bars because, i bet you there's more to come. these type of allegations could stretch out for a very long time and as more victims hear other people aren't afraid to come

the coach initially said bobby davis and mike lang were lying when they accused former assistant coach bernie fine of molesting them of the the stepbrothers are suing boeheim for defamation. syracuse fired fine when his wife was heard in a taped phone call suggesting she knew about the alleged abuse. the u.s. attorney's office is investigating claims from a third accuser. prosecutors said they could not move forward with allegations from the stepbrothers because of the statute of the limitations has expired. bernie fine denies the allegations. >>> the spotsylvania man who shot and killed a police officer at virginia tech legally purchased the gun that he used. despite nonstop efforts since thursday, state police say they still cannot find a link between the shooter ross ashley and the victim derek crouse. ashley also has no known connections to the school. surveillance video first puts ashley in blacksburg on wednesday afternoon, but he's not seen again until the shooting that killed derek crouse. >>> new information from a cell phone could lead to a breakthrough in the case of a missi

bobby davis and the other have hired gloria allred to handle the case. fine denies the allegations, which are under investigation. >>> new york's long island believes they have found a prostitute, whose killing sparked an investigation. >> reporter: it has taken nearly a year. but police believe they have found the body of 24-year-old shannon gilbert. police say she vanished in the remote oak beach area, after meeting a client, while searching for her remains last year, police discover the the first of what would become 10 murder victims, all dumped in a similar fashion. police suspect a lone serial killer is behind the killings. police have only identified five of the 10 victims. and police are not commenting on possible suspects. denise? >> thank you, mary. >>> relatives of some of the other victims whose bodies were found, plan to hold a vigil tonight. >>> a gunman in belgium kills five people in an attack on busy town square. >> reporter: panicked holiday shoppers ran screaming through the streets about 55 miles east of brussels. they were trying to

bobby davis and mike lang say bernie fine molested them when they were children. they are now suing syracuse university for defamation. they say school officials initially suggested the accusations were not true. head basketball coach, jim bayheim is also named in the lawsuit. fine was fired, but right now faces no criminal charms. we are-- charge little. >>> we are following some breaking news on interstate 95. captain mike perry, what can you tell us? >> reporter: hello, mary. it's not a horrible crash. but a three-vehicle accident. northbound i-95. between washington boulevard and 395. or 295. in the northbound right lane. three vehicles involved. as you can see, it is clearly causing delays along northbound 95. the backup extends almost all the way to the beltway at this point. up 95, expect delays as maryland transportation authority police are on the scene, conducting the investigation. all the accident is over to the right shoulder. back to you on tv hill. >> captain mike, thank you. >>> dna evidence helps anne arundel county police make an arrest in an uns

davis and bernie fine, and that lori fine was well aware of its existence. >> the d.a. said the victims' allegations would have resulted in the arrest of bernie fine. so why didn't they? because the statute of limitations expired. this got us upset. we don't know whether he is innocent or guilty. we were upset that if something really happened, a statute of limitations could mean a person guilty of great harm could go free. we wanted to get to the bottom of it. so we got the numbers. by our count, 19 states plus the district of columbia have statutes of limitations on sex abuse. most states give a victim until the age of 18 to report an instance of abuse. but every state is different. it's a damning situation considering that 45% of sexual abuse victims who do tell about abuse don't do it for at least five years and, of course, most people still never tell anyone. isn't a statute of limitations for crimes like these wrong? paul callen is a former nyc prosecutor. mark geragos is a defense attorney. i appreciate both of you being with us. let me start with you, paul. it d