Fine allegations | Tomaselli to likely face prison time for sexual abuse of minor

The third person to accuse former Syracuse associate men's basketball coach Bernie Fine of molestation will likely face prison time for sexually abusing a 13-year-old boy.

Zach Tomaselli, 23, of Lewiston, Maine, told The Daily Orange on Monday that the preliminary plea deal offered by the Androscoggin County district attorney is close to being finalized, and Tomaselli said he expects to spend two years in jail.

Tomaselli faces 11 felony counts as a result of the inappropriate relationship with the boy, who was the younger brother of Tomaselli's best friend. On Dec. 3, Tomaselli told The Daily Orange that he fondled the boy on multiple occasions, once in the summer of 2009 and a few other times in 2010.

Tomaselli accused both Fine and his father, Fred Tomaselli, of sexually abusing him as a child. Both men have denied the allegations.

The offer on the table from the district attorney is 12 years with all but three suspended, meaning Tomaselli would have to spend a maximum of three years in prison, Tomaselli said. He would also register as a lifetime sex offender.

Calls to the district attorney's office were not returned. Assistant District Attorney Nicholas Worden is handling the case.

Tomaselli's attorney, Justin Leary, said the deal is not 100 percent done yet and would not comment on the negotiations with the district attorney.

"It hasn't been officially put in yet, but there's nothing we can do. I admitted it," Tomaselli said Monday. "And I'm glad I admitted it because I really do care about the victim and what he's gone through. And I hope that he heals."

There is a chance the judge could rule that Tomaselli doesn't have to serve any prison time, Tomaselli said, but at this point he has been told "not to expect that whatsoever."

Leary expects the case to come up on the January trial list, and Tomaselli said his sentencing will likely come on the same day he appears in court to formally accept the plea deal. It has not yet been determined to which of the 11 charges he will plead guilty.

"I'm officially going to be going to prison and that was a very shocking moment," Tomaselli said. "It's something that I knew I had to expect at some point to become official. It was always something that was on the table. It was something that I had hoped wouldn't happen, though I take responsibility for what I've done 100 percent and know that I made a mistake."

When Tomaselli met with The Daily Orange in Auburn, Maine, on Dec. 3, he said he was contemplating suicide instead of going to prison. On Monday, he said he had considered "cyanide and stuff like that" in the past few weeks.

But after talking with a longtime high school friend on Monday, Tomaselli said he now plans to serve his time in an attempt to be strong for victims of sexual abuse.

Tomaselli said he had the courage to speak out and make allegations against Fine, and he hopes other victims of sexual abuse will find it in themselves to come forward as well.

Suicide would defeat the purpose of what he is trying to achieve, he said.

"I know there are other people out there like me that have been abused and just started to let the abuse affect them and have started to make mistakes," he said. "I wish that they could see that you can still turn your life around.

"Obviously, if I'm going to complete that story and do that, it's going to be very, very difficult with prison time and a lifetime sex offender registry."

Dawn Hughes, a clinical and forensic psychologist based in New York City who specializes in the assessment and treatment of interpersonal violence, traumatic stress and anxiety disorders, said Tomaselli's job now is to rise to the challenge and not let the barriers in his life lead to further crimes or misdeeds.

But she said she understands Tomaselli's fears and reservations about spending time in jail. Tomaselli said he was worried about any sort of abuse or violence he might face from other inmates given his charges, and Hughes said those sentiments are not uncommon.

"I certainly have evaluated individuals who were charged with sex offenses and have been met with violence and other threats from inmates," Hughes said. "So certainly it would be a cause of concern. … And it is up to the department of corrections to ensure the safety of their inmates regardless of the crimes they've been charged with."

Tomaselli said he has tried to keep those thoughts in the back of his head while he has been out on bail since his arrest in April. But after the meeting with his attorney on Monday, the gravity of his situation began to set in.

Hughes said Tomaselli will have to live "a life that's now changed."