SYRACUSE -- A Federal judge has decided not to release the key documents that provided the foundation for the expansive search of Bernie Fine's property in the days following Thanksgiving.
The judge's 13-page decision concludes the public's right to know does not outweigh the importance of keeping key elements secret in the early stages of an investigation.
Federal Magistrate Judge Andrew Baxter acknowledges the pieces of the Bernie Fine sexual abuse investigation that have already been discussed in public. He writes about the Laurie Fine tape, the four accusers, and the comments of Onondaga County District Attorney Bill Fitzpatrick.
However, the decision raises concern about other victims. Judge Baxter writes, "disclosure of the information provided to the federal authorities about alleged sexual abuse at the hands of the subject of the investigation could deter other possible victims from coming forward and cooperating with the investigation."
The decision also raises concern about the subject of the investigation, Bernie Fine, and his legal team accessing the government's investigative materials prior to an indictment.
"If such information is disclosed to the subject of the investigation before the institution of charges, there exists a risk that the individual could attempt to conceal or destroy other evidence, influence information and testimony given by others, and otherwise delay and obstruct the investigation," said the Federal Magistrate Judge.
Magistrate Judge Baxter also adds the first time frame to the Fine investigation. He ruled the media can reapply to unseal the affidavits in six months or after an indictment or plea in the case.
He also points out the U.S. Attorney may also return no findings in the case.
Click here to download and read the text of the judge's decision. (.pdf file)
