Zach Tomaselli will file a civil lawsuit Thursday against former Syracuse University assistant basketball coach Bernie Fine, while speaking publicly about his alleged abuse.
Tomaselli, who became the third man to go public with allegations against Fine, will attend a news conference alongside his lawyers in Pittsburgh at 11am local time.
The Maine resident, 23, claims he was abused by Fine in a Pittsburgh hotel room in 2002 when he was 13. He claimed to have been on a road trip with the Syracuse team.
Tomaselli's attorneys, Jeff Anderson and Alan Perer, announced Wednesday that his complaint, which names Fine as the sole defendant, will be filed in Allegheny County Court of Common Pleas.
William Fitzpatrick, the district attorney for Onondaga County in New York, said Wednesday that school attendance records from the day of the alleged abuse do not back up Tomaselli's claim. He said he would give the "exculpatory evidence" to Fine's attorney, including the team's travel and hotel records.
Fitzpatrick refused to confirm that the records would disprove Tomaselli's allegations, referring inquiries on the case to federal authorities. The Secret Service is investigating the allegation and searched Fine's home and Syracuse office late last month.
Fitzpatrick confirmed Wednesday that Fine could not be charged with child molestation because the statute of limitations has passed.
He said the allegations of abuse by two former Syracuse ball boys -- Bobby Davis and Mike Lang -- were credible, but said he never learned of the claims until a Nov. 17 ESPN report.
Fitzpatrick said Fine would have been arrested on child molestation charges if his office had been told about the allegations in 2005.
Fine, 65, has been fired from the Syracuse basketball team, but denies the allegations.
Tomaselli himself is facing 11 charges, including gross sexual assault, in Maine involving a 14-year-old boy. He said Monday he will plead guilty to the charges.
