Bernie Fine accuser claims harassment, District Attorney questions case

Complaint filed by Bernie Fine accuser three, Zach Tomaselli.

A District Court judge in Lewiston, Maine has granted a Temporary Order of Protection against Bernie Fine after a complaint by Zach Tomaselli. Tomaselli is the third accuser making claims of child sexual abuse against the former assistant basketball coach at Syracuse University. As soon as Judge Susan Oram signed the order, prosecutors in Maine flagged the Tomaselli complaint for potential prosecution should it be found that the 23 year old was lying about the harassment.

In the four page complaint and affidavit to the court Tomaselli claims Bernie Fine has been calling him in an attempt to intimidate Tomaselli about the case. A full hearing has been set for March 6th at 9:00 a.m.

Under Maine law the standard for granting aTemporary Restraining Order is less than a permanent order. Judge Oram granted it today after reviewing the one sided complaint by Tomaselli. There was no hearing. Tomaselli was required to remain in the courthouse to be available for questions. The judge did not ask any.

The four page complaint claims Fine has been calling Tomaselli on his home and cell phone. Tomaselli claims he told Fine to stop calling and would seek an order of protection if the calls did not stop.

Zach Tomaselli is awaiting the start of a prison sentence for abusing a child in Maine. His story of being abused by the former coach in Pittsburgh in 2003 has been discredited by Onondaga County District Attorney Bill Fitzpatrick. Tomaselli also admitted to lying to the Syracuse Post-Standard reporters in an effort to bolster his claim of abuse.

A call to attorneys representing Bernie Fine has not been returned.

Click here for WGME-TV coverage of Tomaselli's day in court in Lewiston, Maine.