CORRECTION: In a previous version of this article, the party that filed a change of venue motion for the defamation case was misidentified. Jim Boeheim and Syracuse University filed the motion. Boeheim and Su’s involvement with the defamation case was also misstated. Both are plaintiffs. 

The defamation case against Syracuse University and men’s basketball head coach Jim Boeheim will be heard in Onondaga County, according to a judge’s ruling Wednesday.

Bobby Davis and Mike Lang, the first two accusers of former associate head coach Bernie Fine, filed a venue change request through their lawyer, Gloria Allred. Allred and the accusers did not think they could receive an impartial trial because of the pervasive influence of the Syracuse University basketball team.

Though Allred didn’t appear in court last week, Mariann Wang, who argued for the prosecution, failed to show that a fair trial could not be reached in Onondaga County. The Daily Orange Editorial Board acknowledges it will be difficult to find jurors who are not biased in this case. People from this area generally know and respect Boeheim, but there isn’t substantial reason the case should be held in New York City, as Allred, Davis and Lang requested.

First, none of the people immediately involved in the case live or work in New York City. The act of defamation Davis and Lang are suing over also did not take place in New York City.

Second, holding the trial in New York City would produce a great inconvenience for all those involved, financially and otherwise. Having to account for travel expenses would only be an added financial nuisance for all. A lawsuit in New York City would also disrupt the day-to-day activities of the parties involved. Although a lawsuit is serious and justice should be served, it is unrealistic to expect all parties to stop doing other activities during this case.

Finally, if the case were heard before a jury in New York City, it would not be held before a jury of peers. The people in Central New York are most similar to those who are involved in the case. Davis, Lang and Boeheim are all Central New York residents. They hold a stake in this community and should be heard before this community.

Obviously, venue seems to be an important part of a trial, as both lawyers had strong views as to where the trial should be held. But there are no concrete reasons to hold the venue in New York City. 

Published on February 26, 2012 at 12:00 pm

Contact: opinion@dailyorange.com